THE IRRIGATION AGE. 



155 



MISCELLANEOUS LAND DECISIONS. 



DESERT LANDS. 



The act of March 28, 1908, granting extension in certain 

 cases, is a remedial law, to be liberally construed and applied 

 so as to relieve and assist entrymen who have acted in good 

 faith in the arduous work of reclaiming desert lands. Citing 

 Hoobler vs. Treffry (39 L. D. 557). 



A desert land entryman may make proof of reclamation 

 and receive patent within four years from date of entry. In 

 order to obtain extension of time in which to submit final 

 proof under provisions of Section 3, of the Act of March 

 28, 1908 (35 Stat. 52), it must appear that failure to reclaim 

 was "without fault on his part" and due to "some unavoid- 

 able delay in the construction of the irrigating works intended 

 to convey water to the said lands." 



Desert land entrymen should not, in general, depend upon 

 co-operation with adjoining land proprietors or entrymen for 

 the necessary water to reclaim land entered. 

 PRACTICE. 



Although the commissioner of the general land office may 

 avail himself of the aid of a contestant in determining the 

 validity or invalidity of a lieu land selection, his refusal to 

 accept such aid is not the denial of a legal right, and his 

 exercise of discretion in such matters will not be controlled 

 by the department unless it is clearly apparent that it has 

 been abused. Applications to contest therefore denied and 

 decision of the commissioner affirmed. 

 FIXAI. PROOF. 



Where there are conflicting claims in cases of final proof, 

 a hearing before the local office is the only means by which all 

 parties can present the respective claims to the land and 

 therefore such hearing will be ordered by the department in 

 such cases. 



The commissioner of the general land office has full juris- 

 diction to reverse the action of the local officers in matters of 

 final proof. Final proof matters are ex parte cases, and no 

 proceedings as upon appeal are necessary, in order to invest 

 the general land office with full jurisdiction. 



THE ARROWHEAD 



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Contains useful and instructive informa- 

 tion to anyone contemplating 

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PUBLISHED BY 



The Industrial Department 



San Pedro, Los Angeles 6 Salt Lake R. R. 



Silt Lake Route) 



LOS ANGELES, CAL. 



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