400 



THE IKKIGATION AGE. 



Decisions of the Department of the In- 

 terior and of the Public Land Uftice 



Public Land Aggregate Area Approximation Act of August 

 30, 1890. 



A homestead entry for forty acres, made by one who had 

 heretofore acquired title under the public land laws to 288. i7 

 acres, .allowed to stand, under the rule of approximation, not- 

 withstanding the provision of the act of August 20, 1890, 

 that no person shall be permitted to acquire title to more 

 than 320 acres in the aggregate under all the public land laws. 



Price of Land Within Granted Limits of Railroad. 



Under date of November 27, 1909, in the case of Walter 

 Hollensteiner (38 L. p.. 319), the department held that lands 

 within the granted limits of a railroad, but excepted from 

 the operation of the grant for any reason, are "double mini- 

 mum lands," as provided by Section 2357, U. S. Revised 

 Statutes, fixing the price of such lands at $2.50 per acre. 

 IT. S. land officials will be governed by said decision in dis- 

 posing of all such lands (both odd and even sections), and 

 In the collection of commissions thereon. 



This decision will not affect the price of land in reserva- 

 tions within said granted limits, opened under special acts 

 of Congress, passed after the date of definite location of the 

 road, when from said acts, or from an Indian treaty, it is 

 apparent that Congress intended that a price, other than 

 that fixed by Section 2357, R. S., should be collected. 



Desert Land Entry Reclamation Withdrawal Delay Section 

 5, Act of June 27, 1906 Gustavo Gllbertson March 3, 1910. 



Where a government reclamation withdrawal Interferes 

 with and results in the abandonment of a private co-operative 

 irrigation enterprise, a desert land entryman Interested in 

 such enterprise and prevented by the abandonment thereof 

 from continuing his improvements and submitting proof 

 within the time fixed by law, is within the act of June 27, 

 1906, and is entitled to an extension of time under its pro- 

 visions. 



Reliiiquiglinieut Death of Entryman Wilson v. Holmes et al 

 March 3, 1910. 



A homestead entry by one who purchased the improve- 

 ments and relinquishment of a prior entryman will not be 



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canceled to reinstate the former entry, in the absence of 

 fraud or bad faith, merely because the relinquishment of the 

 former entry was filed after the entryman's death. 



As between the parties a sale of Improvements and re- 

 linquishment of an entry is a valid contract, and though 

 It conveys no right as against the United States, it is ob- 

 ligatory on the entryman and his heirs, and the equity of the 

 purchaser to make entry may properly be recognized if ex- 

 ercised promptly and prior to the intervention of any ad- 

 verse right. 



Reclamation Water Right Mortgage Sale Under Pore- 

 closure Instructions March 5, 1910. 



Whenever in case of foreclosure of a mortgage given to 

 secure a loan on land in private ownership for which charges 

 are payable for a water right under the reclamation proj- 

 ect, the mortgagor buys in the land, no steps will be taken 

 to cancel the water right application on account of failure 

 to maintain residence upon, or in, the neighborhood of the 

 land, until the expiration of one year from the date of the 

 foreclosure sale; provided that all charges that may be due 

 or that may accrue during such interval be paid, and also 

 that within such period of one year, a water right applica- 

 tion for such land be filed by a qualified person who, upon 

 submitting satisfactory evidence of transfer of title, shall 

 be entitled to a credit equal to all payments theretofore made 

 on account of the water right charges for said land. 



The Ghas, T, Manning Realty Go,, Ltd, 



SOLE SALES AGENTS 



The Gooding Townsite Company, Ltd, 



RESIDENCE LOTS. 

 BUSINESS LOCATIONS 



Improved Irrigated Lands Unimproved. 

 GOODING, IDAHO. 



JUST RIGHT 



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 purchasers of 

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