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within the statutory period, an interven.
ing desert-land entry will defeat said
right; and if the entryman thereafter
voluntarily relinquishes his entry, he is
not entitled to, on the ground that his
entry was canceled “ for coutlict".

A desert entry of land embraced within
a prior pre-emption filing is not an entry
“ erroneously allowed" within the mean.
ing of the repayment act, though an entry
so made is subject to the subsequent as.
sertion of the pre-emptor's right..... 575

Of the purchase price of the land can
not be allowed a desert entryman who
fails to furnish supplemental proof of re.
clamation, properly called for by the local
office, and abandons his claim to the land. 308

Of the money paid on a desert-land entry
can not be made where such entry is
properly allowed on the proofs presented,
but, on subsequent proceedings, is can.
celed on account of the non-desert char.
acter of the land ..

The provisions of 2362, R. S., and of the
act of June 16, 1880, with respect to, con-
template relief only in cases where, for
some reason not within the eutryman's
control, title to the land can not be passed
by the government .....

There is no statutory authority for the
return of' a double minimum excess in fees
and commissiocs erroneously required on
a homestead entry of lands in fact single
minimum, where such money has been
covered into the Cnited States Treasury. 159

An even-numbered section lying within
the common granted limits of two rail-
road grants remains at double minimum
though one of such grants may have been
forfeited, and an application for, on the
ground of double minimum excess must
be accordingly denied..

The right of assignees to, is limited to
assignees of the land, and does not extend
to one holding an assignment of the claim
for the money paid on the entry...

A mortgagee is not an assignee, within
the intent and meaning of the act provid-
ing for, if the mortgage is merely a lien
on the land

No right of, is acquired by an assignee
whose interest in the land is not obtained
until after the cancellation of the entry.. 246

An application for, made by a mortgagee
of the land, who also holds an alleged as-
signment of the right to repayment, does
not present a case wherein the status of
the applicant, as an assignee, must be dle-
termined, if the duplicate receipt is not
surrendered and all claims to the land
properly relinquished..

On application for, by an entryman he
must show that the land is free from in.


Of the fees and commissions paid on an
entry will not be allowed where the entry
is relinquished on account of the undesir-
able character of the land and a second
entry made.

The statutes providing for, contemplate
only the return of money actually paid,
and where land is paid for in part by cash
and in part by a military bounty land
warrant the Secretary of the Interior has
no ́authority, in allowing, to draw his
warrant upon the Treasury for a sum
larger than the cash payment made by
the entryman..

On application for the return of pur.
chase money by a patentee who was re-
quired to purchase under section 5, act of
March 3, 1887, when in fact the land passed
by the railroad grant under which he held,
the applicant should surrender the patent,
but should not be required to execute a
deed of relinquishment...

The provisions of section 7, act of March
3, 1891, do not in terms nor by implication

have any application to the matter of.....

Fort Cameron abandoned military, in-
structions of March 22, 1897.....

Circular regulations of June 30, 1897,
concerning forest

Final proof can not be submitted on a
homestead entry made under the act of
August 23, 1894, of lands within an aban.
doned military, prior to appraisal ..

The phrase "public lands adjacent there

as used in the act of June 4, 1897, in
making provision for thu survey of forest
reserves, should be construed to mean
townships which actually adjoin said re-
serves, and such townships are to be sur-
veyed under the supervision of the Direc-
tor of the Geological Survey...


A homestead entry will not be defeated
by the fact that the entryman, through
mistake, builds his house outside the
lines of his land, where in good faith he
resides in the house so located.....

An applicant for the right of homestead
entry who has continuously resided on
the land embraced within his application
for a period of tive years, and applied to
enter during said period, is not thereafter
required to inaintain, as a prerequisite to

Registering and voting for several suc.
cessive years in a precinct in which the
land is not situated, on an oath as toactual,
in such precinct raises a conclusive pre-
sumption against a claim of, for the same
period on the land..

Under the departmental construction of
section 2297, R. S., a homestead entryman
has six months from the date of bis entry
within which to establish actual, on the




A deserted wife who secures the can-
cellation of her husband's homestead
entry, and, as the head of a family, there.
after makes a homestead entry of the
land, is entitled, on final proof, to credit
for her, on the land prior to the date of
her husband's desertion....

Res Judicata.

Prior to the issuance of patent, the
Land Department may reopen a case, to -
correct an error in the decision thereof,
and readjudicate the same, after due
notice to the parties.....

A decision of the Department, in ac.
cordance with the rulings then in force,
that a certain tract of land passed under
a railroad grant, does not, in view of the
provisions of the act of March 3, 1887, re.
quiring the adjustment of railroad grants
“in accordance with the decisions of the
Supreme Court,” preclude subsequent
departmental action, on the application
of a third party, under the later decisions

of said court..

See Practice.
Revised Statutes.

See Tables of, Cited and Construed, page
Right of Way, and Station


The actual use of land as station grounds,
prior to survey, by a company that has
filed its articles of incorporation, proofs
of organization, and constructed a rail.
road over unsurveyed land, entitles said
company to an approval of a plat of said
grounds, as against an intervening home.
stead entry, if such use antedates the
settlement of the bomesteader........... 460

The acts of March 3, 1891, and May 14,
1896, differ so widely in the character of
the estato granted, as well as in the uses
to which the, may be devoted, and the ex.
tent thereof, that an application can not
properly be allowed on the two acts taken
together; the permission must rest either
upon one act or the other....


When adopted as the boundary of a
State, sudden changes in the channel do
not affect the boundary line as originally

Saline Land.

The provisions in the act of February
14, 1859, granting salt springs and adjacent
lands to the State of Oregon, and the act
of December 17, 1860, amendatory thereof,
so far as they fix a time for selections under
said grant, are directory and pot manda-
tory; but as the grant so made only be-

comes effective as to specific tracts on selec-
tion by the State, the right to make speh
selections after the expiration of the time
fixed therefor will be defeated by an inter.
vening adverse right asserted under the
general provisions made for the disposal
of saline lands by the act of January 12.

School Lands.

The authority of the Secretary of the
Treasury in the matter of, conferred by
the act of May 20, 1826, was transferrei
to the Secretary of the Interior by the act
organizing the Interior Department...... 106

The act of February 28, 1891, amending
sections 2275 and 2276, R. S., protects set-
tlement on, prior to survey, and said stat-
ute in that respect supersedes the prori.
sions of sections 10 and 11 of the act of
February 22, 1889

12. 116
An alleged loss in an unsurveyed towa-
ship will not authorize a school indemnity
selection ...

The special right to enter additional
lands conferred by the act of February 10,
- 1894, when such additional lands become
subject to entry, is defeated by a prior
selection of the land as school indemnity
under the provisions of the act of March
2, 1895.....

The approval of an indemnity selection
by the Secretary of the Interior passes
the title thereto, and, in contemplation of
law, makes such selection the act of the
Secretary, and it is thereafter not mate.
rial to inquire how such selection was
made in the first instance....

A certification under the act of August
3, 1854, of lands on account of a railroad
grant that were, at the date of the grant,
embraced within a pending prima facie
valid school indemnity selection, is no bar
to the subsequent approval of such seler-
tion ...

An indemnity selection not made with-
in the land district in which the loss oc-
curred, as required by section 2276, R. S.,
may be held valid, in the absence of any
intervening adverse right, under the
amendatory act of February 28, 1291.
which removed said restriction ......

The title of the State to, vests at the
date of the completion of the surves, and
if the land is not then known to be min.
eral in character, the subsequent discor.
ery of mineral thereon will not divest the
title that has already been passed........

The State, by a school indemnity selee.
tion in lieu of land alleged to be mineral
in character, waives its claim to the basis,
which may be thereupon disposed of as
part of the public domain.....

A discovery of mineral on eaca twenty
acres of a placer location serves to except
the whole location from school indemnity


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A purchase, after surrey, of the pos.
sessory right and improvements of one
who settled on school land prior to survey,
does not carry with it any right to the

land as against the school graut....... 581

An application for the issuance of cer.
titicates of location under a special act of
Congress authorizing and requiring the
Commissioner of the General Land Office
to permit the person named therein "to
enter 160 acres of public land subject to
entry under the homestead law" must be
denied where the act contains no pro-
vision in terms authorizing such action,
and furnishes no basis for the exercise of
discretionary power in that respect...... 390

See Railroad Grant; School Lands;

The conditions attendant upon opening
lands in Oklahoma require the recogni.
tion of extremely sligbt acts of, in
determining priorities between adverse

Under the conditions attendant upon
the opening of lands to, in Oklaboma the
sticking of a stake may be recognized as
initiating a right, as against competing
settlers on the day of opening, but such
act will uot be available as against subse-
quent settlers if not followed, within a
reasonable time, by additional acts of.... 358

The rule recognizing slight acts of, as
between parties making the run for Okla.
homa lands on the day of opening, is not
applicable to the ordinary case of a party
who claims priority of

On land reserved for a pnblic highway,
along a section line, as provided under
section 23, act of May 2, 1890, prior to the
actual location and use of such highway,
is valid and extends to the adjacent quar-
ter section on which settlement is intended
to be made...

A homestead entryman has six months
from the date of his entry within which
to establish actual residence; but during
such period his entry occupies the status
of a settlement claim, and will defeat the
right of entry on the part of a prior home.
stead settler who has failed to assert his
claim within the statutory period........ 522

Of a homesteader, who dies prior to the
expiration of the time given for the asser.
tion of his right, without having made
application to enter, inures to the benefit
of his widow; and her subsequent remar-
riage will not defeat her claim as the suc.
cessor to the right of her deceased hus.


Of an alien confers no right.......

Yo right is acquired by trespass upon
the lawful possession of another....... 343

No rights are secured by a, made for the
purpose of securing the timber on the
land and not for the establishment of a

On land covered by the entry of another,
conferg no right as against a successful
contestant who secures the cancellation of
such entry...

221, 432
While as between two parties claiming
the same tract, the right of one as a set-
tler may not defeat the superior right of
the other as a successful contestant, yet
if such contestant thereafter enters the
land and relinquishes the entry, such set-
tlement right, if maintained, will defeat
the subsequent entry of a third party.... 49

The cancellation of a homestead entry
as to part of the land covered thereby, on
account of an adverse claim, will not pre.
vent the entryman from subsequently
asserting his right as a settler to the entire
tract covered by his original entry, as
against a third party....

Acts of, performed by one claiming the
right to make a second homestead entry,
prior to his application for the exercise of
such privilege, are not invalid, if it is
found that the settler is in fact entitled to
make such entry

Priority of, must be determined by acts
performed indicative of the settler's
intent, and not by priority of presence on
the land, or declarations of intention to
settle thereon

An alleged act of, set up to establish
priority of right as against an adverse
claim, can not be accepted as sufficient, if
said act is not of a character to give notice
of the settler's claim....



Instructions relative to selections by, in
mineral belts.......

321, 416
Circular instructions of May 27, 1891,
for making selections in Montana, North
Dakota, South Dakota, and Washington. 518

Circular of June 17, 1897, modifying
instructions of May 27, 1891, with respect
to selections by

A State selection made prior to the offi.
cial filing of the township plat 19 prema-
ture and invalid....

The boundary between the Indian Ter-
ritory and the State of Texas is the line
of the middle of the main channel of Red
River as it existed when Texas was an.
nexed to the United States, and subse-
quent sudden changes in the current or
main channel of said river will not in any
way affect the location or position of said
boundary line as it lay upon the earth's
surface when established


A hearing will not be ordered on an alle.
gation that a tract of land, embraced
within a certified list of State selections,
was not, on account of its prior known
mineral character, intended to be granted
to the State, except upon a strong prima
facio showirg in support of such allega.








Station Grounds.

See Right of Way.

(See Acts of Congress cited and construed,
page xx.

The phrase "public lands? adjacent
thereto as used in the act of June 4, 1897,

The date of a township, is not fixed by
the date of the work in the field, but by
the approval of the plat.....

Where it is apparent from the record
that in the, of a township, a large body of
land adjacent to a navigable lake has been
omitted through the establishment of a
meander line between alleged swamp and
dry lands, instead of at the true shore
line of the lake, a survey of the lands so
omitted should be made....

An order may properly issue for the, of
a tract of land omitted from the original
survey through the erroneous meander of
a slough instead of a river proper......

The approved plat of an official, is con-
clusive as to the designation of tracts em.
braced therein, and must govern in the
disposal of the lands covered thereby....

An application of a State for, and reser.
vation of a township under the act of
August 18, 1894, must be denied, where,
prior to such application, a survey of the
township has been ordered for the benefit
of settlers
Swamp Land.

Act of February 17, 1897, making provi.
sion for sale and entry of lands embraced
in Mississippilist No. 7; circular of March
22, 1897 .......

The claim of a State tnder the grant of,
must fail if it does not appear that the
lands were of the character granted at the
date of the grant......

A patent may issue to the State of
Florida under the swamp-land act for the
unsarveyed tract known as the “Ever.
glades," subject to the right of the State
under its grant of school lands...

Action on an indemnity list, in which
the claim as to some of the tracts is al.
lowed, amounts to a rejection of the claim
as to the remainder

The swampy character of land forming
the basis of a claim for indemnity should
be shown in the same way, and by evi.


dence of the same character, as required
to entitle the State to lands under its

By the act of March 2, 1849, all the
swamp lands in the State of Louisiana
were granted to said State, except lands
bordering on streams, rivers, and bayous,
which were treated by Congress as there-
tofore reclaimed from their swampy char.
acter, and falling within the prorisions of
the act of February 20, 1811, which gave
to said State five per cent of the proceeds
of their sale in order to provide a fund for
their reclamation

At the date of the passage of the gen.
eral swamp land act of September 28, 1850,
there were no lands in the State of Lou-
isiana subject to the operation of said aet,
as all of theswamp land had, prior thereto,
been granted to said State by the special
act of 1819; and it therefore follows that
the State is not included within the in-
demnity provisions made by the act of
March 2, 1855, for said provisions were
specifically limited to States included in
the general act.

The grant of, does not include alternate
reserved sections within the limits of a
prior grant to the State for canal pur.

Under section 2488, R. S., the return of
land as swamp and overflowed is conclu-
sive evidence as to the character of the
land so returned and represented on
the township plat, and this provision is
not defeated by the act of June 17, 1892,
granting homestead rights in the Klamath

River Indian reservation.....
Timber and Stone Act.

Prior to the issuance of final certificate
under a timber land application the local
office has full jurisdiction to order a hear.
ing on a protest, or adverse claim, filed
against such application.....

Does not allow the purchase of land
that is inhabited by a bona fide settler...

The right to take lands chiefly valuable
for the timber thereon under the settle
ment laws is limited to claims asserted in
good faith for the purpose of securing a

An applicant for the right of timber
land purchase must show that the land
applied for is free from adverse occu-
pancy and that he has made no other ap-
plication to purchase under the timber.
land act...

Land covered by the bona fide settle.
ment claim of a pre-emptor is not subject
to purchase; and the appli.
cant for the right of purchase can not
take advantage of irregularities in the
assertion of the pre-emption claim.......

Land subject to purchase under the, is
not excluded from homestead entry......




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Timber Culture.

See Application; Entry.
Timber Cutting.

Circular of June 29, 1897, with respect
to, for purposes of exportation

In construing the provisions contained
in the two acts of June 3, 1878, and the
act of August 4, 1892, with respect to tim-
ber cutting, it must be held that the first
of said acts of 1878 (20 Stat., 88), relates
to all mineral lands of the United States,
but to none of any other character, and
permits the cutting of timber on such
lands for building, agricultural, mining,
and other domestic purposes, but not for
the purpose of sale or commerce, and that
the second of said acts (20 Stat., 89), as
amended by the act of 1892, relates to all
non-mineral lands of the United States in
all public land States and prohibits the
cutting of timber on such lands, except as
therein otherwise provided ....

Applications for permission to cut tim-
ber should not embrace above one qnarter
section; and no applicant will be accorded
a second permit unless it satisfactorily
appears that a most urgent necessity
exists therefor ......

The action of a homesteader in cutting
and selling timber growing on the land
corered by his entry should not be held
suflicient to justify cancellation of the
entry, on the ground of fraudulent intent
in making the same, if the entryman is
actually residing on the land and ap-
parently expending the proceeds of the
timber in the permanent improvement of
his claim...

Town Lots.

In the disposition of, under the act of
May 14, 1890, an additional assessment,
for the legitimate purposes of the act, is
authorized where such action operates
uniformly upon all lots alike; but there
is no authority for such an assessment
where the burden falls upon the un.
claimed lots alone.....

The occupancy of a, by the agents of a
town-site company confers no right that
will defeat an adverse occupant of the
remainder of said lot who is claiming the
whole of it........

Occupancy of a, acquired through tres.
pass and the wrongful dispossession of a
prior occupant will not defeat the right
of such occupant to a deed, though the
trespasser may be the sole occupant at
date of the town-site entry ......

A certificate of right issued by the pro.
visional authorities of a town to a lot
claimant is only to be regarded as prima
facie evidence of title where there is an
adverse claim at the time the case is con.
sidered by the town-site board.....


Adverse occupants in good faith of a, at
the date of a town-site entry may be
treated, in cases where priority of settle-
ment does not determine their rights, as
joint applicants and receive a deed
jointly, according to their respective
holdings, though such occupants may
have tiled separate and adverse applica-
tions .....

In the interest of the government and
intending purchasers a sale of, under sec-
tions 2380-2381, R. S., may properly take
place at the town site, under the personal
charge of the local officers.......

Town Site.

An application to make entry under
section 2389, R. S., will not be allowed,
where the number of bona fide occupants
is not given, and it is not manifest that
the occupants in fact desire in good faith
to make such entry, and also where the
application covers land apparently min.
eral in character and in close proximity
to another town.......

The right to make an additional entry
only exists where the applicant has, prior
thereto, made a townsite entry of public
land, and is limited then to land contigu-
ous to that embraced within the original

On the application of trustees to make
entry a charge of abandonment, as against
the townsite settlers, may be properly en-
tertained, and notice to said trustees of
the hearing ordered thereon is notice to
lot claimants...

Entries in the Cherokee Outlet can only
be made through townsite boards....... 580

A board of trustees should not be dis-
charged from any portion of the trust im-
posed upon it, until the whole purpose of
the trust is accomplished, or until such
time as it may be relieved entirely from
its duties



See Alienation, Confirmation.
Wagon Road Grant.

Mere occupation or use of a body of un-
surveyed public land of indefinite area,
without intent to acquire title to the par-
ticular portio thereof in controversy, is
not such an appropriation of that portion
as to except it, or the subdivision of
which it is a part, from the operation of a.

Action suspended on all entries allowed
for lands within the conflicting limits of
the grants for The Dalles Military Wagon
Road Co., and the Northern Pacific R. R.
Co., pending a judicial determination of
the status of said lands



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