rAQK 4.
TIIK HKNI) IIUr.M.T!!f, 1JKNI), WIMlNltSDAY, fll'.inUMUKIt IH, IOIU
LAND RULINGS
0 IRT N
Dl.QEST OF RECENT
DECISIONS
Law IVIiita ntTcctlnj; llomctcml nntl
Dcicrt Kntrlc ni Decided by the
fcccretary of the Interlorrnnd Con-
dcnscd for Itiillrtln Header.
Tho following la n digest of recent
Important law iolnt8 na dccldoil by
tho 'Secretary of the Interior, affect-
Ins land cases:
tlomrsteniW.
Credit for military service under
section 2305 Rovtaed Statutes applies
only to rcstdonco and not to any culti
vation that may bo specifically re
quired. Section 4 ot the act of Feb. 19th,
1909, requires, among other things
In making final proof on entries un
der the revised statutes, proof also of
cultivation of specific portions of tho
entry from year to jenr.
Obviously tho specific require
ments of said act as to cultivation
cannot be affected by the previously
enacted section 2305 It. 8., allowing
credit aa to residence on homestead
entries for military service.
Isolated Tract.
Under tho provisions of tho act of
April 30th, 1912, isolated tracts can
bo sold and entered with a reserva
tion to tho Government of tho coal
rights. In such case tho entryman I
should signify his willingness to ac-
copt a limited patent.
Practice.
,ln a contest between two entry
men. who in good faith settle upon
two adjoining homesteads simultan
eously, tholr rights n 111 bo equitably
adjusted by the department. In tho
above case, tho department follows
tho reasoning In Williams s. U. S.
(128 U. S. 014), and overrules tho
case of Summers vs. Roberts (23 L.
D. 201.)
It has often been held by tho de
partment that, where an entry has
been erroneously allowed in violation
of the rule of approximation, said en
try may remain Intact BUbJcct to con
sideration by the Hoard of Kqultablo
Adjudication, when It is shown that
such ontry could not bo reduced with
out forfclturo of tho Improvements
of claimant.
Information aa to proposed restor
ation of land will not bo given nut In
advnnco of tho publication of execu
tive orders affecting such lands, not
even to those assorting claims, ns
such information might embarrass
tho deportment (nits adjudication of
such claims.
A preference right obtained through
tho successful outcome of n contest
ot a public land entry Is not assign
able.
Tho law does not provide clthor
oxpressty or by Implication that this
preference right could bo exercised
either directly or Indirectly by an
other ccn though tho third porson
had obligated himself after obtain
ing patent to tho land to convey tho
title thereto, In whole or In part, to
tho successful contestant. Tho
statuto contemplated a personal pro
ceeding and a personal reward.
Desert IaniN,
There Is nothing In tho act ot Juno
2Cth, 1910 Inconsistent with tho al
lowance of a preference right to a
successful contestant.
Tho preference right la a toward
offered to ono who hna expended hla
monoy nnd ttmo In obtaining cancel
lation of an unlawful holding ot pub
lic lands. However, only ono farm
unit can bo entered under audi pref
erence right, '
Tho construction ot an nrtealan
well for reclamation purposes la con
struction ot Irrigation works within
contomplatlon ot Sec. 3 of tho act of
March 28th, 1908 nnd failure, after
diligent effort, to obtain water by
means of such attempted artesian
welt, without fiiult on the part ot tho
cutrymnn, Is aulllclcut ground for an
extension ot time,
XOTICK 1'Olt Pl'IIMOATlON.
Department of tho Interior, U. 8.
lnnd Otllro at Tho Dalles, Oregon,
August 27th, 1912. .
Notice la hereby given Hint Joan-
nctte Mitchell Oardnor, ono ot tho
heirs and for tho heirs uf Jamoa A.
Mitchell, ot loa Angeles, California,
who, on October 17th, 1906, made
homoatoad entry, No, 1B361, serial
No. 04009, for swU awVi. sec 17,
noU nott, sec. 19 nnd uji nwU.
section 30, township 19 nouth, ratine
11 cast, Willamette Morldlait, has
lllod notice of Intention to mako
final ftvo onr proof, to establish
claim to tho land nbovo dcsorlliod, be
fore tho Register and Receiver ot tho
V, 8. Lund Olllco nt Los Attgelca,
California, nnd hnr witnesses before
II. C. Kills, U, 8. Commtaslouor, nt
lloud, Oregon, nnd P. A. Illshop, U. B,
Commissioner nt Hood River, Oregon,
on tho 6th. duy ot October, 1913.
Claimant nnmea na vvllnessesi
rrnnk O. Minor, Louie II, Minor,
l.ovl 1). Wlest, and (loorgo A, Jones,
of Rend, Oregon, nnd John I, West,
ot Hood River, Oregon.
O. V. MOORU.
30-30 Register.
H V M
ss.l si
PENDLETON, OREGON
SEPTEMBER 28-7-a 1912
EXCURSION FARES
Wild and Wonderful
POHV tXPRItllMCO
SOMCO SUJTTHO
mourn, cowsovs
OUTLAW HOWtM
Ctt Frt Mid PartkuW
Furious and Excltlrn
" WrtsWW tit E&trf
FrwHMyAfMtO'W.rlBK.
SUMMONS.
In tho Circuit Court ot tho Slnto ot
Oregon for tho County of Crook,
A. C. Lucas, I'lnlntlff, a. Ralph
Patterson, Mary Patterson, Jeno L.
Humrall, V. K, (luorlu, Jr. ami Alex
Holbrook, Defendants,
To V. K. (luerln, Jr., nbovo named
Dofondant.
You nro hereby required tonppenr
and nnswer the complaint of tho
plnlntlff filed ngnlnst Jou in tho nbovo
entitled suit nnd Court, within ten
days from tho date of tho service of
this summons upon )ou, It served
within Crook County, State of Ore
gon, or If served within any other
County within this stnto, thou within
twenty tin) a from tho dnto of the
service of this summons upon jou,
or If not served within tho Htato of
Oregon, then on or before Thursday,
tho 24th day of October, 1912, And
you nro hereby notified that If )ou
fall to nppear nnd answer, for want
thereof tho plaintiff will take de
cree and Judgment against you for
tho relief prayed for In tho complaint
on file herein, to-vvlt: Thnt the
plaintiff havo Judgment ngnlnst the
defendants Rnlph Patterson nnd
Mnry Patterson for tho sum of f 460
with Interest thereon nt tho mto of
10 per cent per annum from tho 16th
day of Pohrunry, 1911, until paid,
nnd fur tho further stun nt $75 ns
attorney fees and for tho coats nnd
djsbursomcnta ot this suit. And for
a"decrro and Judgment to tho effect
thnt tho said mortgage described In
sntd complnlnt herein bo foreclosed
according to law and tho prnctlco of
this Court, nnd that the said premises
described therein, to-wlt: The WH
of tho SKV1 and tho KV, of tho
8V!i of Section II In Township 21
South of Range 10, K. V. M In
Crook County, State of Oregon, to
gether with tho tcnoments, heredita
ments and appurtennnecs thereto bo
longing, 1)0 sold by the Sheriff of
Crook County. Oregon. In the manner
I provided by law and nccordlug to tho
prnctlco of this court, and that tho
proceeds of such sale be applied to
tho payment of said Judgment herein
prnyod for, nnd that the overplus, If
nny remain, bo pnld In tho porsonn
legally entitled to tho name. And
Hint tho mortgage, Hon nnd Interest
of tho defendants Jesse L, Hiimrnll
nnd K. Ouerln, Jr , Is MilmnqUoitl
to nnd subject to tho lion, morlgsRO
mid Interest of tho plaintiff. And
Hint tho defendants nnd nil Pentium
claiming Intorcnt by, through or
.i.,i..h tli. mi iir iilllmr nf them be for-
over tinned nnd estopped from hav
ing ur nssortliig any iigni, tine r
Interest In or to said premises, or
iiiv iinri iiimnof. or nuv reileiiiPtlou
or right or equity of redemption.
cept ns proscribed by mvv, nun itir
such further relief ns to tho Court
may seem meet mid Just In the
promises,
This numinous la pnbllsiieil in mo
ii.micI Iiulitiilii. a weekly newspaper
of general elrciilntlon, published nt
Rend, Crook County, Ntnto (if ure
gun, Tor six aiicccsalvo weens, cum
mciiclng with ihe Issue of Bcptoin
ber 11. 1913. nnd ending with the
Uiun of October 23. 1912, by order
of tho Hotiornbln II, Kills, County
Judgo of Crook County, Htnle of ur-
gou, mnde nnd entered on mo utu
day of Hoptembcr, 1912
Dated mid pilhlhmotl llrst tlmo
Septomber 11. 1912.
VKIINON A I'OIIIIKS,
Attorney fur Plnlntlff
MM CHOOK COUNTY MAPS,
TIio llultetln Ins In ntoclt n num.
ber of tho new Crook county wliltn
print mnps, showing nil ronds, rivers,
InlsMod Inndi, towns, township mid
MQiilou llneti. Tho mnpi nro bigger
mid moio comprehensive thnii any
other mnps mill nru uurelully prlnled
mi heavy vvhllo pnpor. They rutnll
ut 1 1,00 each, postngo 10 vents, tt
Iiiiich ft Dnvldsnn'n barlior shop is
localoil now, leinpiiriiilly, on Oregon
atieet, In tho old Tnggnrt Hotel build
lug. Thrcu gootl barbers to servo
)OII.
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