Tasmanian gum tree may be planted for timber culture(*). Putting land to crop is not required under timber culture laws. The ground may be harrowed or otherwise properly prepared (b). Mulching will be allowed in timber culture entries(). Cultivation by hoeing and permitting a growth of grass or weeds around young trees, when it will insure their protection and growth better than the customary cultivation by plowing, etc., is deemed a compliance with the timber-culture law(a) The preparation of the land and planting of trees are acts of cultivation, and the time actually so employed should be computed as part of the eight years required in timber culture cases. If at the expiration of eight years from date of entry the timber growing upon a claim is not in a fit condition to meet the requirements of the law, the claimant may be allowed five years additional time in order to attain the required results, as in this case, notwithstanding the party had 22,600 trees upon his claim (*). A timber culture entry in which the claimant fails to plant during the third year is forfeited(). Final Proof. A father, as heir, can complete the timber culture entry of a deceased son(). Contest and Relinquishment. Practice rule I allows the initiation of contests against alleged abandoned or forfeited homestead or timber culture entries by any person, whether in interest or not, but in all other cases (including pre-emptions) only by a party in interest. In view of the irregular hearing in this case the contestant acquired no rights and the timber culture entry after relinquishment of a pre-emption claim by the contestee is allowed to stand(1). The affidavit of contest must be made in timber culture cases after the year has expired. The difference of one day is material(1). Where a qualified party desires to make both a homestead and a timber culture entry, he may commence contest against two timber culture entries(). A contest affidavit against a timber culture entry is insufficient if it does not allege that the failure complained of exists at the present time(*). The charges in affidavit of contest against a timber culture entry must be specific as to quantity(1). H. entered in 1876, but claimed the benefits of the act of 1878. This act enlarged the provisions of the act of 1874, but is not inconsistent therewith in respect to affidavit required, to the effect that the entry is made for the cultivation of timber, for his own exclusive use and benefit, in good faith for himself and not for the purpose of speculation. The evidence shows the law not to have been complied with in this respect, as Husted had bargained and sold or agreed to sell the entire tract to another, who was to cultivate the land for a time for a part of the proceeds of the agricultural crop. Held, That the entry should be canceled, as not having been made with a view to appropriate the land to his own use, but for speculative purposes(m). Acts done or omissions by the timber culture claimant since date of initiating contest have no bearing on contestant's rights("). Where the first contest against a timber culture entry is not supported by law, another con (*) W. A. Sanders, Land Owner, Vol. 8, p. 194. 170. (e) Benjamin F. Lake, Land Owner, Vol. 11, p. 75. 27. (8) Cowan vs. Woodside, Land Cwner, Vol. 9, P. 37. test by another party may be initiated against the same entry notwithstanding the first contest is still pending(). The contestant in a timber culture case must show himself qualified to make entry of the ¡ract-except where it is claimed that the entry was illegal at inception. The contestant can: ot shorten the thirty days period of reservation by withdrawing or relinquishing his preference right(). As a condition precedent to a second contest against the same timber culture entry, the former case must have been finally adjudicated, including appeal (*). Offering to sell one's interest in a timber culture entry is insufficient ground for contest (a). The act of June 14, 1878, restricts a contest against a prior timber culture entry to one who seeks to enter under the timber culture or homestead law, and in the absence of any such application there is no right of contest(*). Where the contestant dies, as his right is a personal one, it leaves the case between the government and the entryman("). An alien may declare his intention to become a citizen of the United States, make a timber culture entry, and be absent from the United States thereafter for two years or more, without forfeiting his entry, provided he returns and the timber culture law is complied with(8). A qualified party may make a relinquishment of his timber culture claim and re-enter as homestead. A party cannot make relinquishment of one timber culture claim and make another timber culture entry(h). The purchaser of the relinquishment of a public land entry gains no rights against the United States from the mere fact of such purchase, and the question of duplicate sales or of the payment or non-payment of the purchase money, has no legal bearing in the determination of a case(1). (a) Bivins vs. Shelly, Land Owner, Vol. 10, p. 212. (b) Instructions, Land Owner, Vol. 10, p. 42. (e) Schneider vs. Bradley, Land Owner, Vol. 9, p. 64. (d) J. W. Farmer, Land Owner, Vol. 8, p. 93. () Morgan vs. Doyle, Land Owner, Vol. 11, p. 131. (8) McMurtrie vs. Wright, Land Owner, Vol. 11, p. 25. (b) W. A. Lewis, Land Owner, Vol. 8, p. 122. (*) Bundy vs. Livingston, Land Owner, Vol. 9, p. (1) Andrew Korbe, Land Owner, Vol. 10, p. 124. 173. CHAPTER VI. MISCELLANEOUS. I. Townsites. The President is authorized to reserve from the public lands, whether surveyed or unsur eyed, townsites on the shores of harbors, at the junction of rivers, important portages, or any natural or prospective centers of population. The old method of obtaining title to townsite lands is as follows: When, in the opinion of the President, the public interests require it, it shall be the duty of the Secretary of the Interior to cause any of such reservations, or part thereof, to be surveyed into urban or suburban lots of suitable size, and to fix by appraisement of disinterested persons their cash value, and to offer the same for sale at public outcry to the highest bidder, and thence afterward to be held subject to sale at private entry according to such regulations as the Secretary of the Interior may prescribe; but no lot shall be disposed of at public sale or private entry for less than the appraised value thereof. And all such sales shall be conducted by the Register and Receiver of the land office in the district in which the reservation may be situated, in accordance with the instructions of the Commissioner of the General Land Office. In any case in which parties have already founded, or may hereafter desire to found, a city or town on the public lands, it may be lawful for them to cause to be filed with the recorder for the county in which the same is situated, a plat thereof, for not exceeding six hundred and forty acres, describing its exterior boundaries according to the lines of the public surveys, where such surveys have been executed; also giving the name of such city or town, and exhibiting the streets, squares, blocks, lots, and alleys, the size of the same, with measurements and areas of each municipal subdivision, the lots in which shall each not exceed four thousand two hundred square feet, with a statement of the extent and general character of the improvements; such map and statement to be verified under oath by the party acting for and in behalf of the persons proposing to establish such city or town; and within one month after such filing there shall be transmitted to the General Land Office a verified transcript of such map and statement, accompanied by the testimony of two witnesses that such city or town has been established in good faith, and when the premises are within the limits of an organized land district, a similar map and statement shall be filed with the Register and Receiver; and at any time after the filing of such map, statement, and testimony in the General Land Office, it may be lawful for the President, to cause the lots embraced within the limits of such city or town to be offered at public sale to the highest bidder, subject to a minimum of ten dollars for each lot; and such lots as may not be disposed of at public sale shall thereafter be liable to private entry at such minimum, or at such reasonable increase or diminution thereafter as the Secretary of the Interior may order from time to time, after at least three months' notice, in view of the increase or decrease in the value of the municipal property. But any actual settler upon any one lot, as above provided, and upon any additional lot in which he may have substantial improvements, shall be entitled to prove up and purchase the same as a pre-emption, at such minimum, at any time before the day fixed for the public sale. When such cities or towns are established upon unsurveyed lands, it may be lawful, after the extension thereto of the public surveys, to adjust the extension limits of the premises according to those lines, where it can be done without interference with rights which may be ts by another party may be initiated against the same entry notwithstanding the first contest s sill pending. The contestant in a timber culture case must show himself qualified to make entry ne • shorten the thirty days period of reservation by withdrawing or relinquishing as refer As a condition precedent to a second contest against the same timber culture entry, he The act of June 14, 1878, restricts a contest against a prior amber culture entry to me via seeks to enter under the timber culture or homestead law, and in the absence of any such m An allen may declare is mention to become a citizen of the Vated States, make 1 imber outure entry, and be absent from the Chued Sates thereafter or two years or more, withoum Where suc hibiting the meet, い " of the Corral ass, blocks, all the stee of the sun, with me. mement and areas of each musyal dalys bot, the pin which shall cach not exceed to in thour und tatement of the extent and general character of the mprove two hundred square fo statement by be verified under oath by the party acting for and in ments; auch tablish such city or town, and within one month after behalf of the pour poping f such fiting tuers sall be mad in the General Land Office a verified tapt of such map and station, Ampented by the testimony of two witnesses that such city or town has been caused in good with, and when the premises are within the limit of an organized a dose, a simlar pup and statement shall be filed with the Register and Receiver; and at any time after the filing of such map, statement, and testimony in the Gen tal Land Gluce, it may be lawful for the President, to cause the lots embared within the limits of suen say or town to be offered at public sale to the highest bidder, subject to a min im of ten gars for cach lots and such lots as may not be disposed of at public sale hall thereafter be liable to private entry at suckmum, or at such reasonable increase or diminution thereafter as the least three months' notice, property Gional lor and for actua Bu he of the y order from time to time, after at ease yalue of the municipal and upon any addi entitled to prove up e before the day fixed it may be lawful, after on limits of the premises ce with rights which may be |