The local officers thereupon filed said relinquishment and canceled said entry that same day.

On August 14, 1888, claimant filed an application for the re payment of the purchase money paid by him upon said land, and in his affidavit alleges as follows:

That he made said entry in entire good faith and with the bona fide intention of reclaiming said land, and upon the promise, contract and agreement of a certain company and organization known as the Florence Canal Company, which was organized for the purpose of constructing a canal about ten miles in length to bring water to said land; that said company commenced said canal and constructed the same a distance of about four miles towards said land, at an expense of several thousand dollars; that said ditch or canal if completed would have furnished an ample supply of water to fully and perpetually irrigate and reclaim said land; but on account of the fact that said company became insolvent and unable to proceed further with the construction of said canal the same was abandoned, so that not being able to procure water to reclaim said land, he was compelled to, and did relinquish said entry and all his interest in said land.

On August 22, 1888, Assistant Commissioner Anderson in denying said application, says:

At the date of said entry there was no adverse right to the lands embraced in said entry, nor was the entry erroneously allowed; but the fault was on the part of the purchaser in not complying with the law under which said entry was made. No reason appears why said entry could not have been confirmed and in my opinion the case shows a voluntary abandonment.

On September 29, 1888, claimant appealed to this Department.

Subdivision 10 of circular of June 27, 1887 (5 L. D., 708), declares

that

Persons making desert land entries must acquire a clear right to the use of sufficient water for the purpose of irrigating the whole of the land, and of keeping it permanently irrigated. A person who makes a desert land entry before he has secured a water right does so at his own risk.

(General Circular, January 1, 1889, p. 37.)

Claimant's uncorroborated affidavit accompanying his application for repayment fails to show whether he purchased and paid for any shares of the stock of the Florence Canal Company, or in any manner expended any money or labor or assisted said company in its endeavor to construct said canal so as to obtain water for irrigating said tract. And as there is no evidence in the case tending to show that claimant made any effort to comply with the law, he has thereby failed to bring himself within the provisions of the second section of the act of June 16 1880 (21 Stat., 287).

For the reasons herein stated the decision of your office rejecting his application for repayment is affirmed.

CIRCULAR-TIMBER CULTURE FINAL PROOF.

Commissioner Groff to registers and receivers, December 3, 1889.

The requirement of circular of June 27, approved July 12, 1887 (6 L. D., 280), as to publication of notice of intention to make final proof on timber-culture entries, will not be insisted on, in cases where the orig inal entry was made prior to September 15, 1887. All entries made prior to this date will be adjudicated in accordance with instructions in force prior to the promulgation of said circular approved July 12, 1887. Approved,

GEO. CHANDLER

Acting Secretary.

CIRCULAR-FINAL PROOF-DESERT ENTRY.

Commissioner Groff to registers and receivers, December 3, 1889.

The requirement of circular approved June 27, 1887 (5 L. D., 708), as to publication of notice of intention to make final proof in desert land entries, will not be insisted on in cases where the original entry was made prior to August 1, 1887. All entries made prior to that date will be adjudicated in accordance with instructions in force prior to the promulgation of said circular approved June 27, 1887.

Approved:

GEO. CHANDLER

Acting Secretary.