NATIONAL FOKEST MANUAL LAWS. 49 



to exceed three years, within the discretion of the Commissioner of the 

 General Land Office, within which to furnish proof, as required by said 

 acts, of the completion of said work. 



SECOND DESERT-LAND ENTRIES. 



Act of March 26, 1908 (35 Stat., 48). 

 Act of February 3, 1911 (36 Stat., 896). 



LIMITATION TO 320 ACRES UNDER ALL LAND LAWS, EXCEPTING MIN- 

 ERAL LAWS. 



Act of August 30, 1890 (26 Stat., 391). 



Act of March 3, 1891, section 17 (26 Stat., 1095). 



SECRETARY OF INTERIOR AUTHORIZED TO GRANT FURTHER TIME FOR 

 MAKING FINAL PROOF. 



Act of April 30, 1912 (37 Stat. 106). 



DECISIONS UNDER THE DESERT-LAND LAWS. 



Land that produces a natural growth of timber is not subject to 

 desert entry, and it is immaterial whether such timber is of value or 

 not. (15 L. D., 271.) 



Lands that, one year with another, for a series of years will not with- 

 out artificial irrigation produce reasonably remunerative crops are 

 desert within the meaning of the desert land law. (Penderson v. Park- 

 inson, 37 L. D., 522.) 



Lands situated within a notoriously arid or desert region, and them- 

 selves previously desert within the meaning of the desert land law, do 

 not necessarily lose their character as desert lands merely because of 

 unusual rainfall for a few successive seasons their productiveness was 

 increased and larger crops were raised thereon; and under such cir- 

 cumstances a strong prepoderance of evidence will be required to take 

 them out of the class of desert lands. (Same.) 



One who makes desert entry of such lands must, however, clearly 

 show, in submitting proof, not only that he has the right to a sufficiency 

 of water to successfully irrigate the lands, and that the system of ditches 

 is adequate for that purpose, but also that the necessary supply of water 

 has been actually used on said lands in a manner to prove the beneficial 

 results. (Same.) 



SCHOOL LANDS. 

 DECISIONS AS TO SCHOOL LANDS IN NATIONAL FORESTS. 



Title to school sections does not pass until approval of the survey by 

 the General Land Office, and a forestry withdrawal between the date 

 of actual survey in the field and the date of such approval, prevents the 

 vesting of title and the selection of lieu lands under the act of June 4, 

 1897. (F. A. Hyde & Co., 37 L. D., 164.) 



School sections surveyed before inclusion within the boundaries of a 

 National Forest have vested in the State, and are not affected by the 

 forestry proclamation. The State is not empowered to select other 

 lands in place of such sections under Revised Statutes, sections 2275, 

 2276, as amended by the act of February 28, 1891. (Hibberd v. Slack, 

 84 Fed., 571.) 



In Montana, Washington, North and South Dakota, a forestry with- 

 drawal prior to survey makes a school section a part of the National 

 Forest so long as the reservation continues, but the State may, if it 

 choose, take indemnity. (State of Montana, 38 L. D., 247.) 



Under the grants to North and South Dakota, Montana, and Wash- 

 ington (act Feb. 22, 1889, 25 Stat., 676), the States take no right until 

 the lands are surveyed. (Clemmons v. Gillette, 33 Mont., 821; 83 Pac., 

 879; Contra State v. Whitney, 120 Pac., 116.) 



The State of Idaho can not authorize the cutting of timber from 

 unsurveyed school sections. (United States v. Bonners Ferry Lumber 

 Co., 184 Fed., 187.) 



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