4th. He shall pay to the logger or contractor who banked such logs, any part remaining of the amount to be paid under his contract. 9th. Any logging Indian, on a proper showing of his inability to furnish his logging outfit, or to sustain himself or his family, during the logging operations, may receive advances of goods or cash from any party with whom he may contract, which contract shall first be approved by the Indian agent to such limit as the Indian agent may fix, and such advances shall be paid by the Indian agent to the party making the same from the amount to which such Indian is entitled for his logging work.
10th. The Commissioner of the General Land Office shall have power to prescribe such rules and regulations not inconsistent with these regulations as he may deem proper from time to time, for the more efficient prosecution of the logging operations, and to thoroughly protect the interests of the Indians and the Government in the premises. F. W. MONDELL,
Approved,
C. N. BLISS,
Secretary.
Alaskan Lands.
Regulations of June 8, 1898, concerning
homesteads, rights of way, timber, &c....
An application to purchase, under the
provisions of section 12 act of March 3,
1891, can not be perfected under the pro-
viso to section 10, act of May 14, 1898, if
the claim so presented under the act of
1891 was not authorized thereby
The provision in section 10, act of May
14, 1898, for the protection of rights initi-
ated under the act of March 3, 1891, works
no enlargement of said rights as to the
area of land that may be taken, or the
water front thereof...
Any entry of lands in said Territory for
the purpose of trade and manufactures
under the act of March 3, 1891, must be
limited to the land possessed and actu-
ally occupied for such purpose.................
In all cases where applications to pur-
chase, were filed prior to January 21, 1898,
and remained pending at the passage of
the act of May 14, 1898, the survey of such
claims must be considered and approved
by the Commissioner of the General Land
Office before entry can be allowed........
In the disposition of claims initiated
under section 10, act of May 14, 1898, the
survey of the land does not come before
the Commissioner of the General Land
Office for his consideration until after the
entry is allowed, or upon appeal from re-
jection of the application....
Under the act of May 14, 1898, the testi-
mony on final proof may be taken outside
of Alaska, in the case of a purchase of
lands in said Territory.....
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government, where it appears, on issue
joined, that the entryman, as the prior
settler, is entitled to make entry of the
tract involved..
Section 2294 R. S., as amended by the
act of May 26, 1890, warrants the allow-
ance of, sent by mail, where it is made to
appear that the homesteader, by reason of
poverty, and distance from the local office,
is unable to present his application in
person
To enter tendered in person, or sent
through the mail, should be acted upon
in the actual order of arrival and presenta-
tion at the local office; and the refusal of
said office to observe such order of preced-
ence will not defeat the right of an appli-
cant to have his application subsequently
treated as though acted upon in its proper
order.....
The rights of an applicant under a pend
ing, should be protected as against inter-
vening adverse claims, where the delay in
perfecting entry is not due to any negli-
gence on the part of the applicant
To enter land made after a final judg
ment canceling a prior entry thereof is
entitled to the same consideration, and bas
the same force and effect as against all
persons other than the successful contest-
ant, as if no preference right had been
awarded....
No rights are acquired under an appli
cation to enter land that is at such time
covered by a railroad indemnity selection
made in compliance with law.
The right of an actual settler on a tract
of land embraced within a railroad indem-
nity selection, who applies to enter, ac-
companying his application with an affi
davit of contest against the railroad
selection, and thereafter dies before any
action is taken on his application or con-
test, descends to his heirs, and may be
perfected by them on the elimination of
the indemnity selection ......
A second, made under an erroneous di-
rection of the General Land Office, will
not be considered, on the intervention of
an adverse claimant, as a waiver of rights
secured under the first, that in fact was
legal in all respects, and entitled to recog-
nition at the date of action thereon by the
General Land Office
In the case of a valid, that has been held
for a long period without action, the local
office should give the applicant at least
thirty days notice in calling upon him to
appear and exercise his right of entry....
During the pendency of an appeal from
the rejection of an application to enter an
entry of the land by a subsequent appli-
cant should not be allowed.......
Failure to appeal from the rejection of
an application to enter does not defeat the
right of the applicant, if he is not given
the requisite notice in writing of the ad-
verse action, and of his right of appeal
therefrom
The ruling in Ard v. Brandon, 156 U. S.,
537, that the failure of an applicant to ap-
peal from the erroneous rejection of his
application to enter does not defeat his
right to the land, had reference to the case
of a settler whose application under the
settlement laws was erroneously rejected,
and who continued to reside upon and
claim the land, and is not applicable to a
timber culture application erroneously re-
jected.
The ruling of the United States Supreme
Court in the Ard-Brandon case that the
failure of a settler to appeal from the re-
jection of his, did not defeat his rights,
where he remained in the occupancy of
the land, should not be extended to the
case of a timber culture applicant, espe-
cially in view of the repeal of the timber
culture law
Failure to appeal from the erroneous re-
jection of, defeats the right of the appli-
cant, where the adverse application of
another party intervenes. The case of
Ard v. Brandon, 156 U. S., 537, cited and
distinguished
On the rejection of, for the reason that
part of the land is covered by the prior
entry of another, and failure of the appli-
cant to appeal therefrom, his subsequent
contest against the prior entryman will
not operate to reserve for his benefit the
land not in conflict...........
TIMBER CULTURE.
A timber culture, for land covered by a
valid subsisting railroad indemnity selec
tion creates no right that is protected un-
der the saving clause in the act repealing
the timber culture law
Cancellation.
See Judgment.
The control of the Commissioner of the
General Land Office, and of the Secretary
of the Interior, over the title to public
land does not cease upon the issuance of
final, nor does the party to whom such
certificate issues secure thereby such a
vested right in the land as to precludé
these officers from correcting, or cancel
ing the same for error of law or fact......
Circulars and Instructions.
See Tables of, page XXI.
The act of June 7, 1897, making provi
sion for the recognition of the rights of
children born of a marriage between a
white man and an Indian woman by blood,
is inapplicable to the case of a child born
of a half-breed woman and a white man,
where such woman is not recognized as a
member of the tribe, or as having any
tribal rights.....
Proof of citizenship on the part of a cor-
poration is made by filing a certified copy
of its articles of incorporation; such cer-
tificate being made under seal of the offi-
cer having custody of the records where
said articles are recorded........
Confirmation.
See Credit Entry.
The commencement of proceedings
against an entry within two years from
date of final receipt defeats the confirma-
tory operation of the proviso to section 7,
act of March 3, 1891, whether notice of
such action is given within said period or
thereafter
The purpose of the rule requiring an
affidavit of, to be corroborated is to assure
the government of the good faith of the
contestant, and not that jurisdiction may
be vested in the local officers, that being
obtained by service of notice only.
The sufficiency of an information on
which the local office has issued notice of,
is not a matter of review in the Depart-
ment, as it is by notice the local office
secures jurisdiction, and not by virtue of
the information on which the citation
issues
The authority of the Land Department
to entertain a, is not abridged by the fact
that the affidavit of, is filed before the
expiration of the period covered by the
charge, if the notice is served after such
period.....
Land included in a suspended Indian
allotment is not subject to a, filed subse-
quent to the order of suspension
HOMESTEAD.
Against an entry on the ground of pri-
ority of settlement must fail if it is not
shown that the settler established and
maintained a bona fide residence
Will lie against a soldier's homestead
entry on a charge of failure to settle upon
the land and improve the same within six
months from the date of his filing........
A charge that a second entry under
secton 13, act of March 2, 1889, was
allowed on a showing insufficient under
the departmental regulations does not
warrant a hearing, in the absence of affirm-
ative allegations as to the entryman's
actual disqualification under the statute.
On the ground of abandonment must
charge that the absence was not due to
military or naval service during time of
war; act of June 16, 1898, and circular of
July 8, 1898
Against a homestead entry for aban-
donment will not lie where the absence of
the entryman from the land is due to
forest fires, and is excused under the pro-
visions of the act of January 19, 1895 ....
A charge of abandonment against a
homestead entry is not established, where
the absence shown is subsequent to a
period of five years continuous residence
on the tract involved.......
A charge of failure to reside upon and
cultivate land embraced within a home-
stead entry filed prior to the expiration of
six months from the date of said entry is
premature and presents no ground for a
hearing.....
In the case of a, against an entry made
under the general homestead law by a
native born Indian, who has abandoned
the tribal relation and adopted the cus-
toms of civilized life, it is not necessary
to serve notice of such proceedings upon
the Indian agent or Commissioner of
Impian Affairs......
TIMBER CULTURE.
As against the heirs of a timber culture
entryman it is necessary to allege and
prove the death of the entryman...
The departmental rule that the ques-
tion of preference right will be deferred
until an application is made for its exer-
cise, is not applicable where the record
clearly discloses that the, is disqualified
as an entryman, and that the disability
can not be removed during the period
accorded for the exercise of said right, or
where the, is estopped from entering the
land as against the adverse claim of
another party
Who at the time of initiating contest
applies to enter part of the land covered
by the entry under attack, omitting from
his application certain tracts included
within the existing settlement claim of a
third party, and thereafter makes no pro-
test against the occupancy and improve.
ment of said tracts by such settler, is
estopped, on the successful termination
of his contest, from asserting, as against
the settler, his preference right to enter
said tracts....
A settlement claim, on unsurveyed land
that is subsequently included within the
desert land entry of another, will defeat
the preference right of one who success.
fully attacks said entry, if duly asserted
on the survey of the land....
The right of an actual settler on a tract
of land embraced within a railroad in.
demnity selection, who applies to enter,
accompanying his application with an
affidavit of contest against the railroad
selection, and thereafter dies before any
action is taken on his application or con-
test, descends to his heirs, and may be per-
fected by them on the elimination of the
indemnity selection
Against a homestead entry is not re-
quired to file an application to enter at
the time of initiating contest, but if he
does so, and omits therefrom a portion of
the land covered by the entry under
attack, a subsequent settler, who, without
protest on the part of the contestant,
establishes his residence on the tract so
omitted, will be protected as against the
preferred right of the contestant to enter
all the land involved in his contest.......
Credit Entry.
See Entry.
Deputy Mineral Surveyor.
See Land Department.
Desert Land.
See Entry.
A desert land entry should not be
allowed of land on each side of living
water, in the absence of the clearest proof
of the desert character of the land...............
Regulations of September 20, 1898, con-
cerning the selection of, by States
Duress.
Non-compliance with the law will not
be excused on the ground of intimidation,
where it is apparent from the conduct of
the party that the alleged threats did not
lead him to believe that he was in danger
of bodily injury........................
The rule permitting the amendment of,
is liberally construed by the Department,
particularly where through ignorance or
misinformation the entryman is misled as
to his rights, and no adverse claim has in-
tervened...
A patent may be surrendered and the
entry amended to correspond with the ap-
plicant's settlement and occupancy; and
such right of amendment will not be de-
feated by an adverse intervening entry
made with knowledge of the applicant's
occupancy. . . . .
An application to amend an entry by
the substitution of certain tracts for others
included in said entry, does not in itself
operate to render said entry void from
the date of such application, or release the
lands covered thereby from appropriation.
Where, through a mistake made in the
description of the lands intended to be
entered, an entryman fails to secure the
land selected by him, and a part of the
lands so intended to be taken is included
in the intervening entry of another, he
may be permitted to amend his entry by
substituting for the tracts entered so
much of the lands intended to be taken as
remains open to entry, and make up the
remainder from adjacent unappropriated
land..
The right under section 2372 R. S., to
amend an entry "where the certificate of
the original purchaser has not been as-
signed, or his right in any way transfer-
red," is not defeated by the entryman's
sale of the land where he subsequently ac
quires title thereto.......
The right of a patentee to have his, and
patent so amended as t include land actu.
ally settled upon and improved, but through
mistake omitted from said, and patent, is
not defeated by an intervening entry of
such tract made by one having full knowl.
edge of the superior rights of the patentee.
Any entryman who fails to respond to a
rule to show cause why his entry should
not be canceled, or appeal from such order,
is not, after the cancellation of his entry
and the intervention of an adverse right,
entitled to a reinstatement on the ground
that he was not notified of the final order
of cancellation..
On the relinquishment of a homestead
entry, made prior to the enactment of
March 2, 1889, a second entry of the same
tract may be made by the entryman under
the provisions of section 2 of said act....
A homestead applicant, whose applica
tion made prior to the act of March 2, 1889,
is erroneously rejected, and who there.
upon appeals, occupies under section 2, of
said act, the same status as one who made
entry prior to said act; and where said
applicant subsequently under a depart-
mental decision enters such portion of
the land originally applied for as is then
open to entry, reserving all rights under
the first application, and thereafter relin.
quishes such entry, he may make a sec.
ond entry of the remainder of said lands
when it becomes subject to such appro-
priation
The fact that an entry is allowed on
papers executed prior to the time when
the land is open to such disposal, is a
matter as between the entryman and the
government, where it appears, on issue
joined, that the entryman, as the prior
settler, is entitled to make entry of the
tract involved...
The rule of approximation will not be
enforced when it will deprive the entry-
man of his improvements, and the differ-
ence between the excess and the deficiency
is but slight.....
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