The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1913-01-21
DIGEST OF RECENT
LAND DECISIONS
Honesteads.

OF coverture to that of minority and
in the evnt tlat she is deserted by
her husband such desertion, while it
removes the disqualification growing
out of the presumption that her hus-
band is the head of the family, does
not affect her status as a minor.
No reported case imports disqualif-
cation to make homestead entry to
one shown to be minor, merely be-
cause of the marriage and desertion
of such person.
The reported cases go no further
than to hold that the disqualification
due to coverture is removed by bona
fde separation or living apart, and
that where, under such circumstances
the wife has arrived at the age of 21
years or is left as the actual head of
the family, she may make homestead
entry, if otherwise qualified. But a
separation, In whatever form or
through whatsoever means accomplish
ed, does not, of itself, release her, o1
applying to make homestead entry,
from showing due qualification, as
would have been required had she new
er been married.
If married woman has not hereto
by the making and perfection of a
homestead entry and is in fact living
apart from her husband with no in
tention of assuming material relations
with him, the mere fact that she has
a husband living from whom she has
not been divorced does not deprive
her of the tight to make homestead
entry
braced in a homestead entry by pay
ment, as provided by the act of June
10, 1880, is an exercise of the home
stead right, and a person having thus
exercised his full homestead right in
that manner is not entitled to make a
second homestead entry under any of
the acts providing for second home
stead entries, under certain circum-
stances.
Lands embraced within bona fide
settlement claim are not subject to
school indemnity selection. The state
however has a right to be heard upon
the issue of subsisting settlement at
date of its proffered selection.
No final commutation proofs can be
hereafter accepted, which show less
than fourteen months residence, ex-
cept in eases where statutory authori-
ty exists to the contrary. Case of
Halvorson (39 L D., 1867. Overruled.
When the land department is neg
ligent in passing upon an application
to enter, applicant is not obliged to
make any extended improvements or
reside upon the land until such time
as entry has been allowed.
In view of the department, brief
absences in rendering humane service
required by molal sentiment, or in
case of the entryman s relative or his
own health should not be held to
break continuity of actual residence.
Isolated Tracts.
When no bidders appear at the reg
ularly published day of sale of an iso-
lated tract, the local land Office is
without authority to set new date
for the public offering of such tract.
Practice.
Where, under rule 73, the commits
sioner finds the additional evidence
filed insufficient, he should, in for
warding the appeal, accompany it
with a statement showing affirma-
lively that such supplemental evil
dence was considered, otherwise the
record will be remanded for reconsid-
Grafton.
Desert Lands.
So long as sufficient water remains
in a river to meet the appropriation
and beneficial use of present users, no
lawful or equitable complaint can be
made of the diversion of other waters
of the river through appropriation
and beneficial use by others, even
<barrb e,,ob +inp orl diuar-
sion may so lower the level of the
prior users of other methods of trans
ferring the water appropriated by
them from the river bed to their
lands. Citing Sehodde VS. Twin Falls
Land & Water Co., (224 U. s., 107.
Settlement is not a requisite to a
compliance with the desert land laws
and any such acts do not initiate any
interest in the land of any valid claim
therto superior to that acquired by
a concurrent homestead entry.
Rule 10 of the circular of April %,
1909, providing for amendments in
desert entries, was designed as re-
quirement to evidence the good faith
of a claimant. Amendment will be
permitted Hereunder, considering the
nature of the difficulties encountered
within any reasonable time, notwith-
standing said circular limits the time
to one year.
Mining.
1t is immaterial whether deposit
bear mineral of a metallic or non
metallic nature; if mineral deposit
exists in vein or lode formation-that
is to say-if it be in place in the gen
eral mass of the mountain-it is
whether the mineral it bears be me-
tallic or non-metallie, subject to the
provisions of the lode mining laws.
Phosphate rock, between well de
fined boundaries, constitute a lode OF
vein of mineral bearing rock in place
within the general mass of the noun
tain, and hence is subject to disposi
tion under the provisions of the lode
mining laws.
Where rights asserted under an al
legged mining location all the neees
sarv stems aside from the making