The act of February 13, 1891, directing
the disposition of Fort Ellis military, pro-
tects only such settlement rights as were
recognized by the act of July 5, 1884....... 288
An order suspending public land from
disposal to prevent the fraudulent entry
thereof is within the authority of the Com.
missioner of the General Land Office....... 326
Of land by executive order for the use of
Indians excludes the acquisition of settle-
ment rights thereto......
Of lands for reservoir purposes under the
act of October 2, 1888, not defeated by a pre-
ëmption settlement and filing on the land
included therein
Created at Fort Cœur d'Alene by the or-
der of August 25, 1879, was not continued in
force by the failure of the General Land
Office to officially notify the local office of
the executive order of April 22, 1880, modı.
fying the boundaries thereof...
Reservoir Lands.
Can not be established nor maintained
through a tenant.......
Acquired in the first instance only by ac-
tual presence on the land, but continuous
presence thereafter is not essential to the
continuity of such residence
Six months' residence prior to final proof
not required of purchaser of Osage, but
actual settlement must be shown by acts
that indicate an intent to take the land for
a home to the exclusion of one elsewhere.. 12
Six months' continuous, next preceding
final proof, not required, but after settle-
ment is ma de the residence should be con-
tinuous until final proof, and a home main-
tained on the land to the exclusion of one
elsewhere.......
Res Judicata.
See Railroad Lands.
Revised Statutes.
See Revised Statutes, cited and construed,
page xix.
Failure to maintain may be excused
where by intimidation and armed violence
the settler is driven from the land, and by
such means prevented from returning
thereto.....
Page
The map of definite location should be
filed within twelve months after such loca.
tion if made on surveyed land
Land embraced within a prima facie valid
entry is not subject to selection for station
purposes.
The length of each section of road should
be stated in the affidavit and certificate ac-
companying the map submitted for appro-
val.......
Action of the Department authorizing
the construction of a road across an Indian
reservation, pending the completion of the
necessary arrangements, is not final in its
character and confers no vested rights.... 481
The proviso in section 5, act of March 3,
1875, does not render s aid act generally ap
plicable where a right of way is provided for
under treaty stipulation but provides that
when such privilege has been specifically
granted the provisions of said act shall
govern so far as applicable.....
Conveyances for, executed by Indians
holding under patents in which the right of
alienation is dependent upon the President's
approval, must be submitted to the Presi
dent for his action.....
The map submitted with application for,
should be in the form of one continous map,
and not in detached sections.........
School Land.
See Indian Lands, States and Territories.
In adjusting the grant to the State of Col-
orado, indemnity may be allowed for lands
lost by settlement and entry, and also where
the bases are covered by military reserva-
tions or patented private claims.....
Indemnity selections may be made from
lands that are reasonably contiguous to the
bases (Colorado)...
In States where two sections to each
township are granted, twice the amount
specified in section 2276, R. S., will be al-
lowed for deficiencies in fractional town.
ships...
Indemnity selections by the Territory of
Washington under the act of 1859, reserve
the land selected, and the act admitting
the Territory into the Union does not release
the land from such reservation
Fee to the school sections within the Me-
nomonee reservation passed to the State
(Wisconsin), subject to the Indian occu-
pancy, which can not be disturbed by the
State nor its assignee
The Secretary of the Interior has the
power to annul the action of his predecessor
in approving the map of definite location,
where such approval is secured by fraud
and misrepresentation and for a purpose
not authorized by law.
The approval of, for the Union River Log.
ging R. R. Co., recalled and vacated........ 574
A location of Sioux half-breed, by one act-
ing in his own interest and not for the half-
breed, is in violation of the statute under
which the scrip issued
138
The right to locate Sioux half-breed, on
unsurveyed land can only be exercised
where the half-breed has made improve-
ments on the land, and such improvements
must be for the benefit of the half-breed.... 138
If the location of Sionx half-breed, is
illegal a deed of ratification, executed by the
beneficiary, will not give it validity or pre-
vent inquiry as to whether the improve-
ments were placed on the land for the ben-
efit of the half-breed...
Land embraced within a reservation for
townsite purposes is rot subject to location
with Valentine
Right set up to defeat the entry of another
must fail unless the qualification of the set-
tler to make entry is made to appear.....
Preemptor is not estopped from proving
that his settlement was made at a different
and earlier date than alleged in the declara-
tory statement.
States and Territories.
CALIFORNIA.
Under a parol partition of a Mexican grant
in which the parties thereto hold undis-
turbed possession, according to the lines of
such partition, and sell the lands thus re-
ceived, the grantee acquires the right of
purchase under section 7, act of July 23,
1866, so far as the question of boundaries is
concerned, though in the instrument of
transfer the lands are described as an un-
divided interest
The right of purchase under section 7, act
of July 23, 1866, dependent upon the charac-
ter of title held by the grantee at date of
said act....................
667
Statutes.
See acts of Congress cited and construed,
page XVII.
Executive construction of, in circular reg.
ulations has all the force and effect of law
if not in conflict with the statute under
which they are issued...
.138, 155
Where power is given to public officers,
and the public interests or individual rights
call for its exercise, the statutory language,
though permissive in form, is in fact per-
emptory
An earlier special statute is not repealed
by a later general act
401
Of remedial character should receive a
liberal constructi on............
674
Survey.
Showing a meandered stream, that does
not in fact exist, may be reformed in accord-
ance with the changed conditions.............
The improper meander of a stream will
not defeat an entry subsequently allowed
for lands lying on both sides of said stream. 556
Of isolated tracts, formed since the origi-
nal survey, denied by the Department, where
the Commissioner recommends such action
and objection is made to the application,
unless the denial deprives the applicant of
a right....
137
Of an island will be denied, where it
appears that said island is embraced within
the limits of a former survey, and that the
land as thus surveyed has been disposed
of...
.........304, 681
May be allowed of land formerly covered
by the waters of a shallow, meandered lake
that is subsequently drained by artificial
mean, and thus rendered valuable for agri-
cultural purposes..........
One holding under a purchase or location
made in accordance with the plat of, may
claim under the boundary lines thereof,
though a subsequent survey may show a
conflict with a confirmed private claim;
the question of ownership in such case
must be judicially determined....
460
A resurvey is authorized, at rates not in
excess of those provided by law, where
such action is rendered necessary by the
imperfect work done on the original survey. 505
Suspension of township, precludes the
submission of final proof for land embraced
therein......
Swamp Land.
The right to contest selection of, is recog.
nized as an aid in determining the true char-
acter of the land....
A waiver of the State's right to submit
testimony in support of its claim, by one
authorized to examine witnesses on behalf
of the State, is conclusive in such matter as
against the State, and it will not be heard
to say thereafter that it had no opportunity
to offer snch testimony
Land that can not be cultivated to agri-
cultural crops falls within the terms of the
grant...
The Department retains jurisdiction over,
until the issuance of patent, and may re-
voke the approval and certification of lists
when made upon a misapprehension of the
facts
Under the proviso to section 4, act of June
3, 1878, action will not lie for timber cut
from unsurveyed land and used by one in
the improvement of his own land, and under
the act of March 3, 1891, the fact of such
use may be set up in defense to any civil or
criminal action.....
246
Regulations of May 5, 1891, with respect
to timber cutting on the public domain, as
modified by the act of March 3, 1891, and
the amendatory act of the same date.
Timber Lands.
The act of October 1, 1890, providing for
the reservation of certain forest lands in
California is not defeated by pending appli.
cation to purchase the land covered thereby
under the act of June 3, 1878.
278
Instructions to special agents in the mat-
ter of procuring the requisite information
upon which to order the reservation of forest
lands under section 24, act of March 3, 1891.. 499
Timber and Stone Act.
Lands chiefly valuable for a deposit of
slate, and unfit for agriculture, may be en-
tered under this act....
In determining the validity of a timber
entry, the Department must ascertain
whether the tract, with the timber removed,
is unfit for cultivation
An applicant in good faith who is unable
to procure the purchase money at the time
fixed for the completion of the entry, may
be permitted on new notice, and in the ab-
sence of adverse claims, to complete the
purchase......
One who intrusts his claim to the care of
an agent is responsible for the negligence
of his representative....
See Oklahoma, Reservation.
Under a patent for, in which no portion
of the surface ground is excepted from the
land described therein, the departmental
jurisdiction over said land terminates, even
though said instrument declares that no title
to any mining claim shall be acquired
thereby, and it subsequently appears that
it includes a lode claim known to exist at
the date of the townsite entry.............
Patent issued for a, that includes a known
lode claim, based on a record location made
prior to the townsite entry, should be va-
cated by judicial proceedings so far as in
conflict with said claim
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