30 NATIONAL FOREST MANUAL LAWS. 



plowed. A pretense of cultivation can not satisfy the requirements 

 of the law any more than a pretense of residence." (Ingelev J. Glom- 

 set, 36 L. D., 255.) 



The use of land for the raising of hogs is an agricultural use, and 

 where the land is better adapted to that use than tillage of the soil, 

 meets the requirements of the homestead law with respect to cultiva- 

 tion. (George Hathaway, 38 L. D., 33, syllabus.) 



Cultivation must be continuous from date of entry. (Hon v. Mar- 

 tinas, 41 L. D., 119.) 



Contest and protest. The proviso to section 7 of the act of March 3, 

 1891, directing issuance of patent where two years have elapsed since 

 issuance of final receipt in the absence of contest or protest, has no appli- 

 cation to proceedings by the Land Department in disposing of final 

 proof after the lapse of two years. (Mertie C. Fraganza, 40 L. D., 300.) 



In this case there is no individual adverse claimant, but the Govern- 

 ment, by its Chief Executive, has claimed the land within the bound- 

 aries of said reservation for a specific public purpose (i. e. a forest 

 reservation), excepting only the lands coming within the above cate- 

 gory; and the Executive order, reserving the land for a specific public 

 purpose must be held to be at least as effective upon the claims of set- 

 tlers as would be the adverse claim of one who wished the land for his 

 own use." Held, therefore, that a settler who failed to file his applica- 

 tion for entry within three months after the plat of survey was filed in 

 the local land office, was precluded from making entry in the presence 

 of an intervening forestry withdrawal. (Joshua L. Smith, 31 L. D. , 57 ; 

 see also Hattie E. Bradley, 34 L. D., 191, 193, and Esther F. Filer, 36 

 L. D., 360, 363.) 



A decision by the Secretary of the Interior that a telegram and letter 

 from a special agent of the General Land Office, alleging fraud in a num- 

 ber of commuted entries and suggesting delay in issuing patents pend- 

 ing further examination, constitutes a "protest" in the meaning of the 

 act of March 3, 1891 (26 Stat., 1099), requiring issuance of patent within 

 two years after final receipt when no "contest or protest is pending," 

 is not re viewable on an application for a writ of mandamus. Fisher v. 

 United States ex rel., Grand Rapids Timber Co. (Ct. of Appeals D. C.), 

 40 L. D., 278. 



Section 2 of the act of March 3, 1911 (36 Stat., 1084), validating cer- 

 tain homestead entries in national forests applies to all contests initi- 

 ated under the act of May 14, 1880, prior to the forestry withdrawal, 

 where cancellation of the entry results therefrom, regardless of whether 

 the cancellation was procured prior or subsequent to the withdrawal. 

 (Sante Fe Pacific R. R. Co., 39 L. D., 611.) 



Miscellaneous. The excepting clause of the Olympic National Forest 

 proclamation ceases to apply in behalf of a settler who fails to make 

 entry or filing for the lands within the time allowed by law. (Arnold 

 Wink, 31 L. D., 47.) 



On the relinquishment of a homestead entry within the San Francisco 

 Mountains Forest Reserve, the lands become a part of the forest reserve 

 and are not open to subsequent entry. (E. S. Gosney, 29 L. D., 44.) 



Three-year homestead law. See Circular of July 15, 1912. (41 L. D., 

 103.) 



AGRICULTURAL LANDS IN NATIONAL FORESTS. 



Act of June 11, 1906 (34 Stat., 233), to provide for the entry of agricultural lands within 



forest reserves. 



^Jt, retary tif g " ^^ e Secretary of Agriculture may, in his discretion, and he is hereby 



2ed tJPlisTagri- authorized, upon application or otherwise, to examine and ascertain 



cultural lands. as to the location and extent of lands within permanent or temporary 



forest reserves, except the following counties in the State of California, 



Inyo, Tulare, Kern, San Luis Obispp, Santa Barbara, Ventura, Los 



Angeles, San Bernardino, Orange, Riverside, and San Diego; which 



are chiefly valuable for agriculture, and which, in his opinion, may 



be occupied for agricultural purposes without injury to the forest 



reserves, and which are not needed for public purposes, and may list 



b Me ds eS d S " d a - nc ^ Describe tne same by metes and bounds, or otherwise, and file the 



tions. li sts an d descriptions with the Secretary of the Interior, with the 



request that the said lands be opened to entry in accordance with the 



provisions of the homestead laws and this act. 



