Show DIGEST OF DECISIONS J i rendered by the tile commissioner of the tile general land office ollice and slid the secretary of or the tile if interior the following important dc do visions relating to tho the public lands are prepared and reported semimonthly for the ogden HERALD by tankersley ayoung young attorneys at law and practitioners before the supreme court of tho the united states the legislative and executive departments in all matters con curning grants indian titles mines m inca i and other public lands office 0 effice F st washington D C PRACTICE any rule may be waived by commissioner subject ru abject to review by the secretary of the interior on excel eions as to the propriety of such maiyer acta sec see to comar jan loth 1885 2 register and receiver may order hearing on application to contest timber culture entry for invalidity in such case the notice to settler and not the affidavit which citation issued gives is to R it and a nd alter after such notice objections to affidavit should not be heard graves vs alexander acta act secretary january ath 1885 PRE EMMONS final proof should be made before register and receiver or a clerk of a court of record of the county in which land is situate acta comar to inspector hobbs januar january y ath 1885 2 I 1 in n preemption pre emption settlements there must be a concurrence of act and intention to appropriate an act allowing showing a purpose only to reserve the land for future settlement A floes does not appropriate i ate the land as required by law howden vs piper secretary january 3 9 A settler complying with law as to residence and cultivation but failing to make proof in time should not be deprived of the land by parties claiming under soldiers additional homestead entries which were made by attorney cognizant of condition of settlers claim duval et ala als vs Neilson Acting secretary january 1885 homesteads final proof where entry was obtained bained by fraud should be rejected without regard to compliance with law lav by claimant subsequent to entry ex sanders secre t tary january ath 1885 1 TIMBER CULTURE in case of simultaneous applina ap lions to enter tracts in same section there is no authority to sell to the highest bidder the privilege of mak inga ing a timber culture entry and buch such an entry is no bar to a subsequent application acta secretary I 1 january 1885 RAILROADS A tract of land within indemnity limits of a grant which at the date of withdrawal was covered by an homestead entry may upon becoming vacant bo be again entered by a settler provided it be done by selection by the company S an S ala R ii co vs logan trenary tre secretary iary january gab 1885 |