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RELIEF OF CERTAIN RECLAMATION HOMESTEAD ENTRYMEN

WHEN WATER IS NOT AVAILABLE

An act for the relief of homestead entrymen under the reclamation projects in the United

States. (Act April 30, 1912, ch. 100, 37 Stat. 105)

Sec. 1. Homesteaders under reclamation act allowed time to reestablish residence after water is available—Period of absence not credited.] – That no qualified entryman who prior to June twenty-fifth, nineteen hundred and ten, made bona fide entry upon lands proposed to be irrigated under the provisions of the act of June seventeenth, nineteen hundred and two, the national reclamation law, and who established residence in good faith upon the lands entered by him, shall be subject to contest for failure to maintain residence or make improvements upon his land prior to the time when water is available for the irrigation of the lands embraced in his entry, but all such entrymen shall, within ninety days after the issuance of the public notice required by section four of the reclamation act, fixing the date when water will be available for irrigation, file in the local land office a water-right application for the irrigable lands embraced in his entry, in conformity with the public notice and approved farmunit plat for the township in which his entry lies, and shall also file an affidavit that he has reestablished his residence on the land with the intention of maintaining the same for a period sufficient to enable him to make final proof: Provided, That no such entryman shall be entitled to have counted as part of the required period of residence any period of time during which he was not actually upon the said land prior to the date of the notice aforesaid, and no application for the entry of said lands shall be received until after the expiration of the ninety days after the issuance of notice within which the entryman is hereby required to reestablish his residence and apply for water right. (37 Stat. 105.)

Textual note.—This act is codified as section 445, _title 43, United States Code, the word “That" at the beginning being omitted ; "act of June seventeenth, nineteen hundred and two, the national” being omitted; "section four of the reclamation act” reading "section 419 of this chapter.'

NOTES

Regulations.-See General Land Office instructions of July 25, 1912, in reference to this act. (41 L. D. 115.)

132

EIGHT-HOUR LAW

An Act limiting the hours of daily service of laborers and mechanics employed upon work done for the United States, or for any Territory, or for the District of Columbia, and. for other purposes. (Act of June 19, 1912, 37 stat. 137)

[Eight-hour limitation; Five dollar penalty for each day employee is worked over eight hours; contractor has right of appeal within six months to Department and after decision by Department has six months to file appeal in Court of Claims. ]—That every contract hereafter made to which the United States, any Territory, or the District of Columbia is a party, and every such contract made for or on behalf of the United States, or any Territory, or said District, which may require or involve the employment of laborers or mechanics, shall contain a provision that no laborer or mechanic doing any part of the work contemplated by the contract, in the employ of the contractor or any subcontractor contracting for any part of said work contemplated, shall be required or permitted to work more than eight hours in any one calendar day upon such work; and every such contract shall stipulate a penalty for each violation of such provision in such contract of five dollars for each laborer or mechanic for every calendar day in which he shall be required or permitted to labor more than eight hours upon said work; and any officer or person designated as inspector of the work to be performed under any such contract, or to aid in enforcing the fulfillment thereof, shall, upon observation or investigation, forthwith report to the proper officer of the United States,

or of any Territory, or of the District of Columbia, all violations of the provisions of this Act directed to be made in every such contract, together with the name of each laborer or mechanic who has been required or permitted to labor in violation of such stipulation and the day of such violation, and the amount of the penalties imposed according to the stipulation in any such contract shall be directed to be withheld for the use and benefit of the United States, the District of Columbia, or the Territory contracting by the officer or person whose duty it shall be to approve the payment of the moneys due under such contract, whether the violation of the provisions of such contract is by the contractor or any subcontractor. Any contractor or subcontractor aggrieved by the withholding of any penalty as hereinbefore provided shall have the right within six months thereafter to appeal to the head of the department making the contract on behalf of the United States or the Territory, and in the case of a contract made by the District of Columbia to the Commissioners thereof, who shall have power to review the action imposing the penalty, and in all such appeals from such final order whereby a contractor or subcontractor may be aggrieved by the imposition of the penalty hereinbefore provided such contractor or subcontractor may within six months after decision by such head of a department

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or the Commissioners of the District of Columbia file a claim in the Court of Claims, which shall have jurisdiction to hear and decide the matter in like manner as in other cases before said court.

SEC. 2. [Act not applicable to transportation, transmission of intelligence, purchase of supplies or repair of levees or revetments; President may waive act in time of war; no penalties in emergencies.]-That nothing in this Act, shall apply to contracts for transportation by land or water, or for the transmission of intelligence, or for the purchase of supplies by the Government, whether manufactured to conform to particular specifications or not, or for such materials or articles as may usually be bought in open market, except armor and armor plate, whether made to conform to particular specifications or not, or to the construction or repair of levees or revetments necessary for protection against floods or overflows on the navigable waters of the United States: Provided, That all classes of work which have been, are now, or may hereafter be performed by the Government shall

, when done by contract, by individuals, firms, or corporations for or on behalf of the United States or any of the Territories or the District of Columbia, be performed in accordance with the terms and provisions of section one of this Act. The President, by Executive order, may waive the provisions and stipulations in this Act as to any specific contract or contracts during time of war or a time when war is imminent, and until January first, nineteen hundred and fifteen, as to any contract or contracts entered into in connection with the construction of the Isthmian Canal. No penalties shall be imposed for any violation of such provision in such contract due to any extraordinary events or conditions of manufacture, or to any emergency caused by fire, famine, or flood, by danger to life or to property, or by other extraordinary event or condition on account of which the President shall subsequently declare the violation to have been excusable. Nothing in this Act shall be construed to repeal or modify the Act entitled "An Act relating to the limitation of the hours of daily service of laborers and mechanics employed upon the public works of the United States and of the District of Columbia" being chapter three hundred and fifty-two of the laws of the Fiftysecond Congress, approved August first, eighteen hundred and ninetytwo, as modified by the Acts of Congress approved February twentyseventh, nineteen hundred and six, and June thirtieth, nineteen hundred and six, or apply to contracts which have been or may be entered into under the provisions of appropriation Acts approved prior to the passage of this Act.

Sec. 3. That this Act shall become effective and be in force on and after January first, nineteen hundred and thirteen.

NOTE (See also act of Aug. 1, 1892, and act of March 3, 1913.) The eight-hour law is codified in U. S. C., title 40, ch. 5, secs. 321-326.

ASSIGNMENT OF DESERT-LAND ENTRIES

An act relating to partial assignments of desert-land entries within reclamation projects

made since March 28, 1908. (Act July 24, 1912, ch. 251, 37 Stat. 200)

[Sec. 1. Desert-land entries within reclamation projects may be assigned— To conform to farm units.]—That a desert-land entry within the exterior limits of a Government reclamation project may be assigned in whole or in part under the act of March twenty-eighth, nineteen hundred and eight (Thirty-fifth Statutes at Large, page fifty-two), and the benefits and limitations of the act of June twenty-seventh, nineteen hundred and six (Thirty-fourth Statutes at Large, page five hundred and twenty), shall apply to such desert-land entryman and his assignees: Provided, That all such assignments shall conform to and be in accordance with farm units to be established by the Secretary of the Interior upon the application of the desertland entryman. All such assignments heretofore made in good faith shall be recognized under this act. (37 Stat. 200.)

Textual note.—The substance of this act is codified as section 449, title 43, United States Code. As codified the act reads as follows: A desert-land entry within the exterior limits of a Government reclamation project may be assigned in whole or in part under section 324 of chapter 9 of this title, and the benefits and limitations of the preceding section shall apply to such desert-land entryman and his assignees : Provided, That all such assignments shall conform to and be in accordance with farm units to be established by the Secretary of the Interior upon the application of the desert-land entryman. All such assignments made in good faith prior to July 24, 1912, shall be recognized under this section.

NOTES Assignment of entries.- Where a desert-land entry within a reclamation project is assigned in part under this act the entry should be subdivided into farm units; but where such an entry is assigned in its entirety the establishment of a farm unit is unnecessary. (Catherine Baart, 44 L. D. 386.)

See sections 116-128, inclusive, general reclamation circular, approved May 18, 1916. (45 L. D. 385.) Sections 123, 124, and 128 of the general reclamation circular were amended by the Department on July 30, 1930. See C. L. 1901. Cross reference. See act of June 6, 1930 (46 Stat. 502).

PATENTS AND WATER-RIGHT CERTIFICATES-LIENS RESERVED.

LIMIT OF LAND HOLDINGS FISCAL AGENTS-JURISDICTION OF UNITED STATES COURTS

An act providing for patents on reclamation entries, and for other purposes.

August 9, 1912, ch. 278, 37 Stat. 265)

(Act

[Sec. 1. Homesteaders under reclamation act to receive patents when conditions completed—Purchasers of water-right certificates--Payment in full required. ] - That any homestead entryman under the act of June seventeenth, nineteen hundred and two, known as the reclamation act, including entrymen on ceded Indian lands, may at any time after having complied with the provisions of law applicable to such lands as to residence, reclamation, and cultivation submit proof of such residence, reclamation, and cultivation, which proof, if found regular and satisfactory, shall entitle the entryman to a patent, and all purchasers of water-right certificates on reclamation projects shall be entitled to a final water-right certificate upon proof of the cultivation and reclamation of the land to which the certificate applies, to the extent required by the reclamation act for homestead entrymen: Provided, That no such patent or certificate shall issue until all sums due the United States on account of such land or water right at the time of issuance of patent or certificate have been paid. (37 Stat. 265.) Textual note.

,—The substance of the above section, and the act of February 15, 1917 (39 Stat. 920), amending the above proviso, are codified as section 541, title 43, United States Code.

NOTES

Amendment.--Act August 26, 1912 (37 Stat. 610), makes this act applicable to desert-land entries.

Act of July 17, 1914 (38 Stat. 510), extends the provisions of this act to lands in the Flathead Indian irrigation project, Montana.

Act February 15, 1917 (39 Stat. 920), amends the proviso to this section.

Water-right certificates.--The terms "water-right certificate" and "certificate” as used in this section relate to final water-right certificates issued in connection with water rights for lands held in private ownership. (William E. Borah, 42 L. D. 207.)

The fact that remunerative crops may be raised without irrigation upon land lying within a reclamation project is not sufficient ground for exclusion of such land from the project; and final certificate should not issue upon an entry embracing such land until all the sums due the United States under the reclamation act on account of land or water right at the time of issuance of the certificate shall have been paid. (Lewis Wilson, 42 L. D. 8.)

Payment of charges.-In view of the proviso of this section there is no room for application of the doctrine of relation and holding payment of the charge due at the time of making final proof as meeting the requirements of the act. (William E. Borah, 42 L. D. 207.)

The provision of the reclamation law requiring payment by an entryman of all sums due the United States on account of the land or water right at the time of submission of proof as a condition precedent to the issuance of patent is not satisfied by the assumption by an irrigation district of an obligation to

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