Cut Bank pioneer press. [volume] (Cut Bank, Mont.) 1909-current, 1913-08-22
A Few Late
Land Rulings
HOMESTEADS


suspend it would be to give an un-
fair advantage over other applicants
enabling the applicants to keep Oft
intending entrymen and affording
opportunity for speculation in gov
ernment lands.
The Land Department having the
sole charge of the public lands, sur
veyed or unsurveyed, has jurisdic-
tion to determining equitable as
we'll as legal, rights, of parties claim
ing interest therein.
The transferee of an unpatented
entry gets no better title than the
entryman had, but he may protect
himself so he may receive notice OF
any proceeding against said entry If
he files, in the local office notice OF
such transfer.
Under the law even the prefer
ence right secured by settlement
duly maintained, is lost unless assert
ed through timely entry.
The pendency of contest does
not excuse non compliance with the
requirements of law.
The act of 1880 accorded sue
cessful contestant the preference
right or entry. The acceptance Of
any application for the land during
such period of preferential right
rests alone upon departmental regu-
lations.
Such applications bave been permit
ed in order to prevent, as far as pos-
sible, any attempted disposition OF
the preference right accorded to the
statue. 1t follows, however, that any
such suspended application only
springs into existence upon the fail
ure of the successful contestant to
avail himself of the preference right,
DESERT
TIE field notes, maps, and plats OF
the general land office approved by
the Commissioner are conclusive
evidence of surveys of public lands
and when they show land is not sur
veyed, no other evidence is compel
ent to approve a survey. Land can
not be patented until survey is made
and approved.
The maps and plats on file in the
General Land Office are conclusive
upon all person as to the proper
description of public lands. In case
of resurvey, the final plating anC
designation of portions of sections
must be conformed. Whatever may
have been the description given il
the original entry before resurvey
) the position on the ground of de
sert land entry can be conformed tt
resurvey, at least approximately.
The patent when issued must fol
low the lines of survey as finally set
tied. By no other means can certaint.
of description and title be attained
, The fourth section of the act o
} March 3, 1891, requires the exhibi
ton of a plan of irrigation. Th
right to the water and its quantit
: and permanency must also be showr
: While the plan adopted may be un
,. usual, yet if it is productive of re
clamation it meets the essence of tn
requirement.
Until further notice, lands wi
n not be considered as barred froI
: desigation under the enlarged home
v stead acts simply because they ma
n be embraced in desert land entire
' if the lands be in all other respec
e subject to such designation.
a Get you a winter COW from w.
,r Holcomb. For information call
IT Farmers State Bank.
a At the meeting of the counc
to Monday evening, Mayor Halvors'
" rendered his resignation. No q
vs. ton was taken at this meeting al
a the mayor is being prevailed up
re to reconsider the matter.
~ Albert and Charles Neuman !
ry turned to their homes in Wisconi
and Canada, respectively, the Fl
an of last week, after visiting at I
lie Edwin Ward ranch north of He;
he light.
ut Miss Emma Newman returned
NJ her home in Stevens Point, w
mt on Wednesday, after a visit W
vs. Mr.. and Mrs. Edw. Ward.
IN Veterinarian Joslin informs
I'm Pioneer Press that he has secure'
tes new and complete set of tools to
mn place those stolen recently, and '
visit Cut Bank regularly on Sat
days hereafter