holding" claimant by the 17th sec-
tion of the act of March 3, 1891,
must be exercised, but the 18th sec-
tion of said act, as amended by the
act of February 21, 1893, requires
that notice of the claim must be filed
with the surveyor general within
two years from the first day of
December, 1892; and the effect of
such notice filed within that time is
to withhold from entry under the
public land laws all tracts covered
by the claimant's occupancy
possession until the claim is finally
adjudicated or rejected__-

and

A claimant who has filed notice
of his claim within the time re-
quired by the act, does not forfeit
his right to make proof of his pos-
session and occupancy by his failure
to apply for a survey

In the case of a private land claim
in Louisiana confirmed to the legal
representatives of the claimant, and
held under succession proceedings as
property of the claimant's estate, the
land department, on application by
the purchaser at the succession sale
for certificates of location under sec-
tion 3 of the act of June 2, 1858, is
justified in recognizing such pur-
chaser, where the record upon which
the sale was ordered and made
affirmatively shows the necessary
jurisdictional facts. unless it be
otherwise shown that the court
which ordered the sale was without
jurisdiction of the rem because of a
prior sale or disposal of the claim
by the original claimant or otherwise
in accordance with law.

Private Entry.

The fact that a homestead entry-
man pays cash for a portion of his
entry as excess land does not consti-
tute such excess a separate entry
which may be regarded as having
been entered under the private cash
system

Proclamation.

Page.

61

61

409

274

Page.

In determining the quantity of
land to which title may be acquired
under the public land laws within
the limitation contained in the act
of August 30, 1890, as amended by
the act of March 3, 1891, lands se-
cured by the applicant under sec-
tion 3, act of September 29, 1890,
should be taken into consideration__ 370

The provision in the act of August
30, 1890, limiting the amount of
land to which title may be acquired
under the land laws by any one per-
son to three hundred and twenty
acres in the aggregate, as construed
by the act of March 3, 1891, applies
to all lands acquired under any of
the land laws except those relating
to mineral lands__

539

A right initiated but not consum-
mated under the desert land act does
not, under the limitation as to acre-
age contained in the act of August
30. 1890, exhaust the right of the
entryman under the public land
laws; and if such entry be subse-
quently relinquished, it constitutes
no bar to the exercise of the right
granted by the homestead law 580

Until the legal title to public lands
passes from the government, inquiry
as to all equitable rights comes
within the cognizance of the land
department, and the Secretary of the
Interior, as the head of that depart-
ment, may take such action with
reference thereto as to him seems
in accordance with law_ _ _ _ _

A controversy involving a claim to
public lands is never finally settled
until it receives such adjudication as
removes the land involved from the
jurisdiction of the land department,
and one Secretary of the Interior
has no authority to bind his suc-
cessor to either a rule of administra-
tion or interpretation of a statute
involving the disposition of the pub-
lic lands

Lands in reservation for any pur-
pose are not public lands within the
operative effect of a subsequent
grant of Congress, although not in
terms excepted from the grant_-----

Railroad Grant.

See Railroad Lands; Right of Way.
GENERALLY.

The withdrawal, September S.
1903, under the act of June 17,
1902, of lands subject to irrigation
under the Mojave valley project, af-
fected only public lands within the
limits of the withdrawal, and fur-
nishes no ground for the rejection

13

13

13

No right attaches to any specific
tracts within the indemnity limits
of the grant made by the act of
August 11. 1856, to the Vicksburg
and Meridian Railroad Company,
prior to selection thereof in the man-
ner prescribed by said act; and
where, after withdrawal of the lands
within the indemnity belt, but prior
to selection by the company, gradu-
ation cash entry was permitted for
a portion of the lands so withdrawn,
and allowed to stand for many years
without objection by the company,
such entry will not now be canceled
with a view to permitting the com-
pany to make indemnity selection of
the lands embraced therein‒‒‒‒‒

SELECTION.

A list of railroad indemnity se-
lections presented in accordance
with departmental regulations and
accepted and recognized by the local
officers has the same segregative ef-
fect. while pending, as a homestead
or other entry made under the gen-
eral land laws__

LANDS EXCEPTED.

195

89

326

161

The mere occupancy of lands with
a view to their possible entry under
the public land laws, prior to the
time when those laws were extended
to the territory so occupied, can not
be considered as attaching a home-
stead or pre-emption claim to the
lands so as to defeat the operation
of the grant made in aid of the con-
struction of the Union Pacific rail-
road by the act of July 1, 1862---- 528

Lands in the Fort Wallace aban-
doned military reservation are not
subject to selection under the provi-
sions of the act of June 22, 1874 487

Settlers upon unsurveyed lands
which after survey and upon definite
location of the line of the Union Pa-
cific railroad fell within odd-num-
bered sections within the limits of
the grant made to aid in the con-
struction of said road by the act of
July 2, 1862, are entitled to three
months from date of receipt at the
district land office of the approved
plat of survey of the township with-
in which to place their claims of
record; and where the road was defi-
nitely located prior to the expiration
of that period, and the settlement
claims were subsequently regularly
and in due time placed of record and
title thereto completed without pro-
test or objection on the part of the
which
company, under
titles the
lands have been held for more than
thirty years, the company has no
claim to the lands involved which
upon relinquishment will support the
selection of other lands in lieu there-
of under the provisions of the act
of June 22. 1874-4---

The act of February 8, 1887, con-
firming the assignment to the New
Orleans Pacific Railway Company of
the grant made to the New Orleaus,
Baton Rouge and Vicksburg Rail-
road Company by the act of March
3. 1871. in excepting from the confir-
mation all lands occupied by actual
settlers at the date of the definite
location of the line of road and still
remaining in their possession or in

89

Page.

possession of their heirs or assigns,
did not thereby limit the terms of
the grant of 1871, from which there
was excepted all lands which had
been sold, reserved, or otherwise dis-
posed of by the United States, or to
which a pre-emption or homestead
claim may have attached at the time
the line of said road was definitely
fixed, but merely added a new condi-
tion; hence the company has no right
of selection under the provisions of
the act of June 22, 1874, in lieu of
lands covered by a homestead entry
at the date of the definite location
of the line of road, but is relegated
to the indemnity provision of the
act of 1871 in supplying any defi-
ciency in its grant occasioned by the
disposal of such lands..

324

634

A claim resting solely upon the
tender of a mere application to en-
ter or purchase which had not been
finally disposed of on January 1,
1898, and not based upon a preced-
ing settlement, is not within the
class of claims subject to adjust-
ment under the act of July 1, 1898 426
Where the Northern Pacific Rail-
way Company declines to relinquish
a tract of land under the provisions
of the act of July 1. 1898, on the
ground that it has theretofore sold
the tract, and the land department
thereupon considers the conflicting
claims to said tract and holds the
land excepted from the company's
grant, such adjudication will not
prevent the adjustment of such con-
flicting claims under said act where
the company subsequently makes
settlement of its outstanding con-
tract of sale and secures a recon-
veyance of the land from its pur-
chaser

One who settles upon land within
the primary limits of the grant to
the Northern Pacific Railroad Com-
pany after its right thereto has at-
tached, and through ignorance of
the law fails to claim the benefit of
the act of July 1, 1898, prior to
patenting the land to the company,

150

and title to the land, which is within
the limits of a forest reserve, there-
after revests in the United States
under the exchange provisions of
the act of June 4, 1897, may be per-
mitted, under the act of April 15,
1902, to carry his claim to comple-
tion

FORFEITURE.

All questions affecting any claimed
right of the Southern Pacific Rail-
road Company under its grant of
March 3, 1871, to lands within the
forfeited Atlantic and Pacific grant,
have been fully determined by the
supreme court in favor of the United
States

Railroad Lands.

See Railroad Grant.

Regulations of March 24, 1905,
under act of February 24, 1905,
relative to homestead settlers within
the limits of the Mobile and Girard
grant

Circular of August 2, 1904, un-
der act of April 28. 1904, relating
to small-holding claims within the
limits of the grant to the Atlantic
and Pacific company in New
Mexico

Directions given relative to car-
rying into effect the departmental
decision of May 10, 1904 (32 L. D.,
611), relating to the classification
of certain lands in the Coeur d'Alene
land district, Idaho, under the pro-
visions of the act of February 26,
1895----

A person claiming the right to
make purchase under section 5 of
the act of March 3, 1887, and hav-
ing knowledge of an adverse claim
asserted to the land under the home-
stead law, should make prompt as-
sertion of his right; and where he
fails to do so he is barred from as-
serting any claim to the land as
against the adverse claimant in pos-
session_

No time having been fixed by the
Secretary of the Interior within
which purchasers from the Mobile
and Girard Railroad Company, of
lands erroneously certified or pat-
ented to the company on account of
the grant made to aid in the con-
struction of its line of road, or the
heirs or assigns of such purchasers,
should make proof of their pur-
chase, in order to bring their claims
within the confirmatory provisions
of section 4 of the act of March 3,
1887, laches can not be imputed gen-

Page.

367

514

489

156

74

506

erally to such purchasers, their heirs
or assigns, for failure to assert their
rights promptly after the adjust-
ment of said grant; but as to such
of said lands as have been restored
to the public domain and entered
under the public land laws, and final
proof submitted on such entries after
the publication of notice as required
by law, without timely objection by
such purchasers, their heirs or as-
signs, they are estopped from claim-
ing the benefits of said section_-___ 197

Reclamation.

See Arid Lands.

Records.

Circular of October 6, 1904, re.a-
tive to examination of records by
public_

Relinquishment.

a

Where relinquishment of all
right to a tract of land is tendered,
and there is filed therewith and as
part of the same transaction an ap-
plication, by or in the interest of
the person relinquishing, to make
some other appropriation of the same
land, the relinquishment must be
regarded, for all purposes of such
application, as in force at the mo-
ment of its presentation, but not
effective as to the public generally,
so as to make the land subject to
other appropriation, until the ap-
plication is considered and disposed
of

Repayment.

If an entry is of unreasonable
shape on its face, or flagrantly vio-
lates the regulations as to intersect-
ing streams, and the records disclose
that it might have been made in
better form, so far as the character
and topography of adjacent lands
and prior appropriation are con-
cerned, a case for repayment is
made out.

Where the entry is of unreasona-
ble shape on its face, and the records
fail to show that it could have been
made in other form, the applicant
for repayment must furnish proof
that the entry could have been
made in different and more com-
pact form

If an entry on its face shows no
gross or absolute departure from any
reasonable degree or requirement of

3685 Vol. 33-0445

267

595

437

438

compactness, it is not a case for re-
payment, regardless of the facts dis-
closed by the records

438

Whether the land embraced in an
entry is in compact form" within
the meaning of the law must be de-
termined from the facts of each case,
consideration being given to the area
of the entry as well as to the regu-
lations and departmental decisions
and practice, as far as practicable_ 438
One claiming under an assignment
of a coal land claim executed prior
to entry thereof does not occupy the
position of an assignee within the
meaning of the repayment statute -- 313
Upon application for repayment,
in the absence of evidence that an
entry was erroneously allowed and
could not be confirmed, any doubt on
the subject must be resolved in favor
of the Government as against the
applicant-

437

Where the allowance of a home-
stead entry is procured by misrepre-
sentation, the entry is not "errone-
ously allowed" within the meaning
of the repayment statute, and repay-
ment of the fee and commissions
paid thereon will not be made___ 318
Repayment of the entire amount

of purchase money paid on a desert-
land entry will not be made, on the
ground that the entry was errone-
ously allowed and could not be con-
firmed because in conflict in part
with a prior existing entry, where
the portion not in conflict was never
relinquished and no action was ever
taken by the entryman indicating an
election on his part to take none of
the land because he could not get it
all; but repayment may be allowed
as to the portion in conflict_.

In making selections of desert
lands under the provisions of section
4 of the act of August 18, 1894, the
burden of proof is upon the State to
show that the selected lands are of
the character contemplated by the
act; and where the lands selected
are not of such character, but are
expressly represented by the State to
be of that character, and upon such
representations the selections are ac-
cepted by the local officers, such se-
lections are not "erroneously al-
lowed" within the meaning of the
repayment act, and the State is not
entitled to repayment of the fees
paid thereon

The grant of sections two, sixteen,
thirty-two, and thirty six in every
township, made to the future State

224

374

of Utah by section 6 of the act of
July 16, 1894, for the support of
common schools, did not become ef-
fective until the admission of the
State into the Union; and a desert-
land entry of a portion of
the
granted lands, made subsequently to
the passage of said act but prior to
the date of admission, was not erro-
neously allowed, but might have
been confirmed upon proof of com-
pliance with law, and the entryman
is therefore not entitled to repay-
ment of the purchase money paid
thereon

Repayment of the purchase money
paid on a pre-emption entry, can-
celed because the land is more valu-
able on account of the deposits of
building stone thereon than for agri-
culture, may be allowed, where the
entryman acted in good faith in
making the entry and it does not ap-
pear that he knew or believed that
the land was more valuable for its
deposits of stone than for agricul-
tural purposes

Page.

223

270

A timber culture entry is limited
in acreage to one fourth of the land
embraced in any section, except
where the entry is of a technical
quarter-section, and an entry not of
a technical quarter-section, but em-
bracing all of a fractional section, is
in violation of law and can not be
confirmed, and repayment of the fee,
commissions and excess purchase
money paid thereon may be allowed_ 372

Where an applicant, acting in
good faith, applies for and is erro-
neously allowed to make desert land
entry for an amount of land which,
added to that embraced in a prior
homestead entry made by him, ag-
gregates more than 320 acres, and
the desert land entry is for that rea-
son subsequently canceled as to the
area in excess of such amount, the
entryman is entitled to repayment of
the purchase money paid on such
canceled portion_.

Reservation.

See Right of Way; School Land.
GENERALLY.

An order by the land department
withdrawing public lands from entry
or other disposition, is operative, un-
less otherwise limited, from the time
it is made_‒‒‒

In restoring to the public domain
lands temporarily withdrawn from
settlement and entry, the land de-
partment, although declaring them
subject to settlement from and after

272

677

Page.

the date of restoration, may post-
pone opening them to entry, filing,
selection, or other appropriation un-
der the public land laws, until after
the publication of notice declaring
them subject to such disposition 236
INDIAN.

The Klamath River Indian reser-
vation was not abolished by or un-
der the provisions of the act of April
8, 1864, but was recognized by the
act of June 17, 1892, as an existing
reservation, and the Indians thereon
were by said act recognized as con-
stituting a tribe_-_

Allotments to Indians on the
Klamath River reservation, under
the provisions of the act of June 17,
1892, were made to the Indians as a
tribe, under section 1 of the general
allotment act of February 8. 1887,
and not under the provisions of sec-
tion 4 of said act---

Under the act of February 8, 1887,
reservation Indians are not required
to settle, improve, or maintain resi-
dence upon their allotments made
from lands held for the tribe___---

The provision in the act of May
27, 1902, that persons entering, un-
der the homestead laws, any of the
unallotted lands in the Uintah In-
dian reservation, shall pay therefor
at the rate of one dollar and twenty-
five cents per acre, is not repealed
by the provision in the act of March
3, 1905," that the said unallotted
lands [with certain stated excep-
tions] shall be disposed of under the
general provisions of the homestead
and townsite laws of the United
States "

203

205

203

610

By reason of the legislation affect-
ing these unallotted lands, which
amounts to an appropriation thereof,
no claim on the part of the State to
any portion thereof will be recog-
nized, either under its grant of spe-
cific sections in place in support of
common schools, or under the pro-
visions of the act of March 2, 1895. 610
MILITARY.

Circular of June 8, 1904, relative
to sale of lands in Fort Elliott mili-
tary reservation_.

Circular of June 9, 1904, under
act of April 23, 1904, relative to
lands in Fort Abraham Lincoln mili-
tary reservation___.

There is nothing in the act of July
5, 1884, providing for the disposi
tion of lands in abandoned military
reservations, authorizing the disposi-
tion of the timber growing upon any

26