to the State, does not segregate the
lands against other applications,
but they should be received, subject
to the State's right, and, if that be
not exercised, take effect, if other-
wise entitled to approval, as of the
date of their presentation___

Page.

All leases or "permits for right
of pasturage" issued by the board
of public lands of the Territory of
New Mexico under the provisions of
acts of the legislative assembly of
that Territory, and covering any of
the lands granted to the Territory
by the act of June 21, 1898, should
be limited, in accordance with the
provisions of section 10 of that act,
to not exceeding one section or 640
acres of land to any person, corpora-
tion, or association of persons, and
all such leases or permits must be
submitted to the Secretary of the
Interior for his approval---

Statutes.

See Acts of Congress and Revised
Statutes cited and construed, pages
XXV and XXVIII.

Survey.

It is within the power of the land
department at any time to re-trace
any surveys it has made whenever
it becomes necessary to the deter-
mination of a question pending be-
fore it for its decision involving
rights in public lands

301

143

188

The provision of the act of August
18, 1894, authorizing the survey, on
application in behalf of the State,
of any unsurveyed townships of pub-
lic lands therein, and the withdrawal
thereof from the date of the appli-
cation until the expiration of sixty
days from the filing of the township
plat, with a view to satisfy the
pubiic land grants to the State, au-
thorizes and requires the withdrawal
of all of the lands in the townships
for the survey of which application
is made on behalf of the State----- 433

Swamp Land.

In the adjustment of all claims for
public lands in the State of Minne-
sota initiated in accordance with
law prior to survey of the lands, in
instances where selection thereof is
made by the State under its swamp
land grant, and the field notes of
survey afford a sufficient basis' for
such selection, the land department
will, by hearing or otherwise, deter-
mine the true character of the lands,

Page:

notwithstanding the return of the
field notes of survey of the township. 22
In the adjustment of all claims
resting on a selection or exchange of
lands, presented in accordance with
law for public lands in the State of
Minnesota, prior to survey thereof,
the land department will, by hearing
or otherwise, determine the true
character of the lands selected, if
claim is presented thereto on behalf
of the State under its swamp land
grant, based upon the field notes of
survey, nothwithstanding the return
of the field notes of survey of the
township may afford a sufficient base
for the State's claim.

The issuance of patent upon en-
tries embracing lands alleged by the
State to have passed to it under its
swamp land grant terminates the
jurisdiction of the land department
thereover; and any question as to
the character of the lands and
whether the issuance of patent there-
for was inadvertent will be inquired
into only for the purpose of deter-
mining whether recommendations
should be made for the institution of
suit to set aside the patent. The
question as to whether the issuance
of patent amounted to an adjudica-
tion that said lands were not swamp,
and therefore did not pass to the
State under its grant, is one for de-
termination by the courts, and not
by the land department--

Timber and Stone Act.

Lands chiefly valuable for stone
are subject to entry under the act
of June 3, 1878, regardless of whether
or not the stone can, under exist-
ing conditions, considering the cost
of quarrying and transportation, be
marketed at a profit--

An executive order reserving lands
for a specific public purpose has the
same effect, as against an application
to purchase under the act of June 3,
1878, as an adverse claim of a pri-
vate individual

Where an applicant to purchase
under the act of June 3, 1878, fails
to submit proof on the day fixed
therefor in the published notice, or
within ten days thereafter where pre-
vented by accident or unavoidable
delay from submitting it on the day
set therefor, a withdrawal thereto-
fore made for forestry purposes, em-
bracing the land, thereupon immedi-
ately attaches and becomes effective
as to such land, regardless of the
fact that the applicant, within the

151

246

123

191

ten-day period after the date fixed
in the notice, may have filed applica-
tion to readvertise notice of inten-
tion to submit proof-

The affidavit or sworn statement
required of an applicant to pur-
chase under the timber and stone
act must be sworn to in the county,
parish or land district where the
land is situated; and where in such
statement the land intended to be
taken is incorrectly described, and
an application to amend the original
statement so as to properly describe
the lands desired is filed, the amend-
atory affidavit must be sworn to in
the same manner as required in case
of an original affidavit.

An agreement or contract entered
into by a timber and stone entryman,
prior to final proof and the issuance
of certificate, for the sale of the
timber on the land, is in violation of
the provisions of the act of June 3,
1878, against the speculative entry
of timber lands for the benefit of
another

An applicant to purchase under
the timber and stone act does not be-
come the owner of the land applied
for, with legal right to sell, mort-
gage, or otherwise encumber the
same, until the required proof has
been furnished, the purchase price
tendered and received, receipt given
therefor, and final certificate issued,
and at any time prior thereto the
land department may require the ap-
plicant to furnish an affidavit of
non-alienation___.

In case of an application by a
married woman to purchase under
the timber and stone act, it is imma-
terial whether the proof that she
proposes to make the purchase with
her separate money and for her own
use and benefit be shown by the par-
ticular specified affidavits in the
regulations, or in some other man-
ner, so long as the facts required to
be shown are proved by competent
evidence in some portion of the
record

The fact that a married woman
making application to purchase
under the timber and stone act pro-
poses to pay from her separate
money only the fees and expenses of
making the entry, and to borrow
upon her own credit, to be secured
by mortgage on the land, the sum
necessary to pay therefor, does not
of itself impugn the good faith of the
applicant, in the absence of any-
thing tending to show that the per-
son from whom she proposes to bor-

Page.

191

539

581

476

129

Cities and counties are "resi-
dents of the State in which they
are located, within the meaning of
that term as used in section 8 of the
act of March 3, 1891, as amended,
conferring upon the residents of
certain States and Territories au-
thority to cut timber on the public
lands for agricultural, mining, manu-
facturing, or domestic purposes----- 112
Timber used by cities for
structing electric-light plants and
building bridges, and by counties for
building bridges and constructing
flumes across the county roads, is
used for domestic purposes
within the meaning of section 8 of
the act of March 3. 1891, as
amended.

Townsite.

con-

Paragraph 13 of regulations of
August 1, 1904, relative to townsites
in Alaska, amended.

112

71

There is no requirement that
townsite proof shall be made by per-
sons not resident of the town, and
such residence does not affect their
competency to make such proof 708
Under the provisions of section 16
of the act of March 3, 1891, town-
site entries may be made by incor-
porated towns and cities on the
mineral lands of the United States,
subject to existing rights under any
valid mining claim or possession,
lode or placer, held under existing
law

Under section 11 of the act of
March 3, 1891, attorney's fees may
be properly included in the account
of a townsite trustee, as legitimate

102

INDEX.

Page.
expenses incident to the execution of
his trust, and allowed by the land de-
partment, where necessary and not
in excess of a just and reasonable
amount

287

The term judge of the county
court for the county," employed in
section 2387 of the Revised Statutes
to designate the officer authorized to
make townsite entry under said sec-
tion, as trustee for the several use
and benefit of the occupants of the
townsite, embraces any presiding ju-
dicial officer of a court having juris-
diction within the county; and where
any one of several officers coming
within the purview of the statute is
designated by the State legislature
as the proper officer to assume the
trust and make the entry, such desig-
nation is entitled to be recognized by
the officers of the land department-- 24
Where a patent has not issued for

a public reservation in a townsite at
the date the townsite is vacated, and
the original entryman for such reser-
vation fails to make application
therefor within six months from the
vacation of the townsite, it there-
upon, under the provisions of the act
of May 11, 1896, becomes subject to
disposal as an isolated tract under
section 2455 of the Revised Statutes,
and can not be disposed of in any
other manner---

The reservation of a lot in a town-
site in the Territory of Oklahoma for
the purpose of erecting thereon an
armory for use of a company of the
Oklahoma National Guard, consti-
"the pub-
tutes a reservation for
lic interest" within the meaning of
section 4 of the act of May 14, 1890,
the
authorizing the Secretary of
Interior to reserve any undisposed-
of lots in townsites in said Territory
for public use as sites for public
buildings if in his judgment "such
reservation would be for the public
interest

au-

In view of the provisions of the
act of February 9, 1903, which ex-
tended the townsite laws to the lands
within the ceded limits of the Red
Lake Indian reservation and
thorized their occupation for town-
site purposes prior to formal opening
under the
thereof to disposition
homestead laws, the occupation of a
portion of said lands as a townsite
prior to and on the date they were
opened to settlement and entry, pre-
vented the attachment of any rights
on that date under a settlement with

356

530

759

Page.

a view to acquiring title under the
homestead laws, covering the same
land, initiated prior to occupation of
the land for townsite purposes----- 94

Where the only objection to con-
firmation of a military bounty land
warrant location, made in good faith,
one that
is the purely technical
through inadvertence of the land de-
partment the land covered thereby
was never formally offered at public
sale under the provisions of the act
of July 4, 1876, as it should have
been, of which fact the locator was
ignorant, the location may be re-
ferred to the Board of Equitable
Adjudication for confirmation under
Rule 11

one

The location of a military bounty
land warrant issued prior to the
death of the warrantee, by
claiming through an assignment of
the warrant from the widow of the
warrantee, will not be confirmed in
the absence of proof showing that the
widow was the sole heir, or
authorized to assign the interests of
the other heirs, if there were any--

was

The substitution of cash for a mili-
tary bounty land warrant will not be
permitted where the only obstacle
to confirmation of the location under
the warrant is the refusal of the
locator or transferee to endeavor to
procure the necessary proof to es-
tablish the validity of the location__

Where two military bounty land
warrants are erroneously issued upon
the same military service, both can
not be recognized, and where in such
case the warrantee, having both
warrants in his possession, assigns
one of them, he is estopped there-
after to assert the validity of the
other, and an assignee of such in-
valid warrant has no higher legal
right than the warrantee__

37

606

The issue of a duplicate military
bounty land warrant under the pro-
visions of the act of June 23, 1860
(now section 2441, Revised Statutes),
in the belief that the original has
been lost or destroyed, creates no
new liability or obligation on the
part of the United States, where the
original warrant had been located
and satisfied prior to the issue of
610
the duplicate.

Water Right.

See Arid Land.