OCR Text |
Show RECENT PUBLIC . LAND DECISIONS -iff. ; r - Containing Fjn.il Action of the Interior Inter-ior Department on Matters of in. tere6t In Thic and Other Stateo. Tho following Important law points have recently been decided by the socretary of the Interior: HomoBteado. When an entryman had mudo a former homestead entry of less than 160 acres for which ho acquired title, he was not qualified to make an on try under the reclamation act. Tho act of March 2, 1889 (26 Stat 854) has no application to entries under un-der the reclamation act, and the additional addi-tional right granted In said act or March 2, 1889, cannot be oxorclscd by entry within a reclamation project. Citing Instructions, June 1C, 1909. (3S L. D. 58.) When a claimant made entry for a technical quarter-section of land, and after five years residence theroon ob-tn'ned ob-tn'ned tltlo thereto, ho exhausted hlB right. The fact that tho land patented lacked a little more than two acres of making 160 acres did not give him tho status of a qualified homestead entryman or the right to enter under the enlarged homestead act, an additional ad-ditional 320 acres. Extenuating circumstances in favor of entrymen will not Justify tho Department De-partment charged with the duty of disposing of tho public lands In tho manner provided by law, to dispose of them contrary to the express provisions pro-visions of that iaw. A homostoad entry must be cr.n-coled cr.n-coled as a mero pretext of residence and improvement whore it is shown that tho entryman merely made occasional oc-casional visits to tho land, whero he merely had a house furnished wltn stovo and dishes, it being shown that the entryman was In partnership in a threshing machine and other farm machinery. Desert Lands. Tho act of March 28, 1908, granting grant-ing extension In certain cases, Is a romedlal law, to be liberally construed con-strued and. appllod so as to relievo and assist entrymen who havo acted In good faith In the arduous work of reclaiming desert lands. Citing Hooblcr vs. Troffy (39 L. D. 557.) A desert land entryman may mako proof of reclamation and receive patent pat-ent within four years from date of entry. In order to obtain extension of tlmo In which to submit final proof under provisions of Sections 3, of tho Act of March 28, 1908, (35 StaL 52), it must appear that failure to reclaim was "without .fault on his part" and due to "some unavoidable delay In the construction of tho Irrigating works intended to convey wator to tho said lands." Desert land entryroen Bhould not, In general depond upon co-oporatlon with adjoining land proprietors or entrymon for tho necessary water to roclalm land entered. Practice. Although tho Commissioner of tho General Land Office may avail himself him-self the aid of a contestant In determining de-termining tho validity or Invalidity of a lieu land selection, his refusal to accept such aid Is not the denial of a legal right, and his oxerclse of discretion dis-cretion In such matters will not be contrqllod by tho department unless it is clearly apparent that It has been abused. Applications to contest therefore denied and decision of tho commissioner affirmed. Final Proofs, Whero there are conflicting claims in cases of final proof, a hearing before be-fore the local officer is tho only means by which all parties can pro-sent pro-sent the respective claims to the land and therefore such hearing will bo ordered by the department in such cases. The commissioner of the goncral land offlco has full jurisdiction to reverse the action of the local officers offi-cers in matters of final proof. Final proof mattors are ex parte cases, and no proceeding as upon appeal are necessary, In order to Invest the general gen-eral laud offlco with full Jurisdiction. Timber and Stone When a Umber and stone appllca-"Uon appllca-"Uon has been filed doscriblng certain lands and It appears that a state selection se-lection was made prior to approval and certification, tho state selection constitutes a pending matter at time ontryraan made his application. It was therefore perml6sable to allow al-low the stito to assign valid baso upon a selection It has Inadvertently made upon Invalid base. Until the application ap-plication of the state was finally disposed dis-posed of, tho land was not subject to other appropriation. It is well settled that an order of the land dop.irtmont withdrawing public lands for entry or other public pub-lic disposition. Is lnoporatlve, unless otherwlso limited, from tho time It Ii made. The fact that the sworn statement was fllod boforo the withdrawal with-drawal was of record In the local land office will not change the rule. Citing Emma F. Zumwalt (20 L. D OOl nr,A TJIfim (1 Cmltli fit T. T4 677.) When a timber and stone sworn statement waB filed in tho local office tho same day the land was withdrawn for forestry purposes, such withdrawal with-drawal took effect the day It was mado and the sworn statement made on that day must bo considered as having been made subject to tho withdrawal. with-drawal. Citing State of Utah (33 L. D. 510.) Mining. Whero a mineral application has boon rejected for failure to properly post the notice and plat on the claim as oxprossly required by tho statute, tho entry will not bo" held Intact subject, sub-ject, the owner will be entitled to notice of the pateut application, but must bo cancelled, with the privilege of prosecuting patent proceedings de-novo. de-novo. If a logal bona fide mineral location, loca-tion, founded upon actual discovery, lr. subsequently flooded by reason of tho operations of a reclamation project, pro-ject, the owner woll bo entitled to da it"""", nraylded there was no do- fault in tho assessment work required requir-ed under the law of a minora! locator. There Is no law authorizing tho reservation of phosphate deposits i lands of the United States, nor authorizing au-thorizing the entry of the surface thereof under the hometsead laws. Land that is oil In character Is not subjoct to disposition under tho exchange ex-change provisions of tho forest Hen section act of June -1, 1S97 (30 StaL 3G.) and upon a proper and sufficient suffi-cient showing to that effect, tho selection selec-tion covering It must be canceled. Such a selection, however, of land subject thereto otherwise 'than because be-cause of Its mineral character, is, at the most, voidable only. and. while pending, operates, to the same otxent ap would a state, railroad, or other selection ,to reserve It from any othor; form of appropriation looking directly to the acquisition of the legal title. Citing P. a Finklo (33 L. D. 233.) "n |