5. In the case of a firm, the names of the individuals composing the firm must be given, and a certificate and oath as to each member of the firm will be required.
6. Unless specially called for, the certificate above referred to will not be required of any attorney or agent heretofore recognized and now in good standing before the Department.
7. An applicant for admission to practice under the above regulations must address a letter to the Secretary of the Interior, inclosing the certificate and oath above required, in which letter his full name and post-office address must be given. He must state whether or not he has ever been recognized as attorney or agent before this Department or any bureau thereof, and, if so, whether he has ever been suspended or disbarred from practice. He must also state whether he holds any office of trust or profit under the Government of the United States.
8. No person who has been an officer, clerk, or employee of this Department within two years prior to his application to appear in any case pending herein shall be recognized or permitted to appear as an attorney or agent in any such case as shall have been pending in the Department at or before the date he left the service: Provided, This rule shall not apply to officers, clerks, or employees of the Patent Office, nor to cases therein.
9. Whenever an attorney or agent is charged with improper practices in connection with any matter before a bureau of this Department, the head of such bureau shall investigate the charge, giving the attor ney or agent due notice, together with a statement of the charge against him, and allow him an opportunity to be heard in the premises. When the investigation shall have been concluded, all the papers shall be forwarded to the Department, with a statement of the facts and such recommendations as to disbarment from practice as the head of the bureau may deem proper, for the consideration of the Secretary of the Interior. During the investigation the attorney or agent will be recognized as such, unless for special reasons the Secretary shall order his suspension from practice.
10. If any attorney or agent in good standing before the Department shall knowingly employ as subagent or correspondent a person who has been prohibited from practice before the Department, it will be sufficient reason for the disbarment of the former from practice.
11. Upon the disbarment of an attorney or agent, notice thereof will be given to the heads of bureaus of this Department, and to the other Executive Departments; and thereafter, until otherwise ordered, such disbarred person will not be recognized as attorney or agent in any claim or other matter before this Department or any bureau thereof.
Abandonment.
See Contest; Residence.
Absence, Leave of.
Circular of February 27, 1900, as to un-
earned fees and unofficial moneys........ 649
Circular of March 1, 1900, as to the reg
istration of official mail
Adverse Claim.
See Mining Claim.
Alaskan Lands.
See Mining Claim; Right of Way; Town
Lot.
The right of purchase accorded by sec.
tion 12, act of March 3, 1891, is limited to
cases where the land is used for purposes
of trade or manufactures," and does not
extend to the mere occupancy of land as a
fishing place
An application to purchase under section
12, act of March 3, 1891, can not be perfected
under the proviso to section 10, act of May
14, 1898, if the claim so presented was not
authorized by the act of 1891..
In determining the extent of the water
front of claims under sections 1 and 10, act
of May 14, 1898, abutting on navigable
waters, the measurement should be made
along the meanders of the bank or shore...
Water-front privileges should not be dis-
turbed by the allowance of tramroad right
of way..
The Department is without authority to
approve an application for permission to
occupy a portion of the roadway reserva-
tion, along the shore line of Alaska, for the
purpose of a passage over said reservation
of an aerial tramway, and the erection
thereon of buildings to be used in connec-
tion with said tramway.
Alien.
See Mining Claim.
Alienation.
A power of attorney executed and deliv
ered by a timber-land applicant, prior to
final proof and entry, authorizing the sale
of the land, is an agreement in violation of
the act of June 3, 1878.....
Circular of July 14, 1899, directing that no,
will be received for a tract embraced in an
entry of record until such entry has been
canceled in the local office, and making pro-
vision for applications tendered during the
period accorded a successful contestant....
No rights are gained by the tender of, to
enter lands embraced within a pending rail-
road indemnity selection, made under the
rulings in force, nor by an appeal from the
rejection of such application..
Where an order canceling a list of railroad
indemnity selections provides that no dis
posal of the lands shall be made until pend-
ing applications therefor have been adjudi-
cated, and a hearing is subsequently di
rected as between said applicants, at which
they appear, they will not be held in default,
as to the timely assertion of their settlement
claims, on account of failure to make appli-
cation to enter within three months after
said cancellation.
On the judicial vacation of a patent the
land involved should not be held as open to.
until such time as the entry is canceled of
record in the local office...
..... 178
Under the provisions of the special circu-
lar of 1887, an applicant for the right of
entry, who attacks the validity of a prior
indemnity selection, is entitled to the allow-
ance of his application, if the company,
after due notice, fails to respond.
To enter lands included in a valid railroad
indemnity selection is properly rejected,
and no rights are gained by an appeal from
such rejection......
No rights secured under, accompanying
a timber-culture contest, filed at a time when
the land is involved in a prior contest, if the
proceedings had under the prior suit result
in the cancellation of the entry under at-
tack.......
Canals and Ditches.
See Right of Way.
The child of an alien, occupies under the
homestead law, the status of one who has
filed his declaration of intention to become
a citizen, where the father, during the mi-
nority of such child, declares such inten-
tion, but does not complete his naturaliza.
tion before the child attains his majority,
or thereafter..
Rights acquired by declaration of inten-
tion to become a citizen may be lost by aban-
donment of such intention.
Coal Land.
Entry of, based on a second filing may be
permitted to stand, where the first filing
was abandoned on account of the worthless
character of the claim, and the good faith
of the entryman is apparent
The right of a coal-land claimant to make
entry is not affected by his sale of an option
to purchase an assignment of such right,
where the option expires with no advan
tage taken thereof...
The right of purchase is not initiated by
filing a declaratory statement therefor, but
by the actual discovery of coal on the land,
and the performance of some act of im-
provement sufficient to give notice to the
world of an intent to purchase said land
under the coal-land laws
The price of, is determined by the dis-
tance of the land from a completed railroad,
irrespective of its distance from the nearest
shipping point on such road.
Confirmation.
See Graduation Entry.
ACT OF MARCH 3, 1891.
A proceeding against an entry, instituted
by the General Land Office many years
prior to the passage of said act, but of
which the entryman was never notified,
must be held to have been abandoned and
to have abated, and hence constitutes no
bar to the confirmation of the entry under
section 7 of said act..
A proceeding against a graduation entry,
instituted in 1858 by the General Land
Office, but on which no subsequent action
was taken until 1895, must be held to have
been abandoned, and to have abated, and
hence constituting no bar to the confirma-
tion of said entry under said act........... 525
To defeat the confirmation of an entry
under the proviso to section 7 of said act it
is necessary that some action should be
taken against the final entry within two
years from the issuance of the receiver's
receipt thereon...
Homestead entry of Alabama land re-
turned as valuable for coal, confirmed under
the proviso to section 7 of said act........
Contest.
A motion to dismiss a, for the want of a
sufficient charge, in a case where the evi-
dence is taken before a commissioner, is in
due time, if made before the local office on
the day set for the hearing....
A charge of collusion between a contest-
ant and the entryman presupposes that the
entryman is in default as to some require-
ment of law, and that the collusive, is
brought to shield him from the conse-
quences of such default, by preventing an
honest contest
On a charge against an entry that it was
secured through a speculative, the entry
must be held intact, where it appears that
the entryman's status as a successful con-
testant did not operate to defeat the claim
of any applicant for the land
The institution of a second, by one who
has theretofore filed affidavit of, against
the same entry, is a waiver of any right on
the part of such contestant to proceed under
the first charge.....
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The act of June 16, 1898, in requiring that
under all contests in which the charge is
abandonment, it must be proved at the
hearing that the settler's alleged absence
from the land was not due to his employ.
ment in the military or naval service, does
not prescribe what shall be the measure of
proof thus required, nor of what it shall
consist; and the proof in such case will be
held sufficient when it shows with reason-
able certainty that the alleged absence was
not due to such employment and service... 625
The provision in the act of June 16, 1898,
requiring in case of a, on the ground of
abandonment at a time when the United
States is engaged in war, an allegation in
the affidavit of contest that the alleged
absence of the settler was not due to his
employment in the Army Navy, or Marine
Corps of the United States, is mandatory,
and non-compliance therewith can not be
cured by amendment after service of proc-
ess in a contest to which the statute ap.
plies, and in which no appearance is made
by the defendant..
A leave of absence is no protection
against a, for abandonment, where the
entryman, prior to such leave, has failed to
comply with the law
54, 203
Page.
During the pendency of a, against a home.
stead entry, in which the issue is priority
of settlement, the entryman must comply
with the law in the matter of residence, and
his default in this respect can not be cured,
as against the adverse claimant who has
continued to reside on the land, by the
resumption of residence prior to notice of a
supplemental charge, on the part of said
claimant alleging said default and asking to
be heard thereon
Where a successful contestant, in a suit
involving priority of settlement, makes
entry, and is granted a leave of absence, a
stranger to the record in such suit is not
entitled to be heard on an allegation that
involves the entryman's residence on the
land during the pendency of the former
If an entryman fails to maintain the con-
tinuity of his residence, during the pen-
dency of a, involving priority of settlement,
his laches can not be cured by the resump-
tion of residence prior to the institution of
proceedings by the adverse settler charging
said default....
Cultivation of the land embraced within a
homestead entry is an essential requisite to
due compliance with the homestead law;
and a charge of failure to cultivate fur-
nishes a proper basis for a hearing.....
TIMBER CULTURE.
Against a timber-culture entry, for non-
compliance with law, will be dismissed,
where it appears that the default is cured
prior to the contest, and that the entryman
if he continues to comply with the law will
be entitled to commute his entry under the
act of March 3, 1891....
Contestant.
The statute giving a preference right of
entry to the successful, has never been ex-
tended, directly or by implication, to Indian
allotments for which conditional or trust
patents have issued..
A preferred right of entry under the act
of May 14, 1880, can not be secured by pro-
ceedings on protest against an application
Conceding that one who furnishes evi-
dence on which a patent is set aside is equi-
tably entitled to a preferred right of entry,
there is no authority for recognizing such
equity as the subject of transfer..
A preferred right of homestead entry can
not be secured through a contest instituted
by a single woman, if she marries prior to
the exercise of said right
Who, during the progress of the trial,
waives his preferred right of entry, is no
Made by a contestant, on a relinquish-
ment, during the pendency of a second con-
test charging the disqualification of the
original entryman and collusion with the
first contestant, may be permitted to stand,
where it appears that the allegations in
said contest are not supported by the evi-
dence.....
Reinstatement of, that has been canceled
without due notice, is not defeated by an
intervening adverse claim
Where the entryman, prior to survey,
submits final proof, and then sells the land,
such sale must be regarded as an assign-
ment of the entry, proof of which should be
furnished as required in other cases of as-
signment...
There is no authority for the acceptance
of the proof of the assignment of a desert-
land entry, and of annual expenditure, exe-
cuted before a clerk of a court of record out-
side of the land district and State in which
the land is situated
The right of a homesteader to change
his entry to an adjoining farm homestead
is not affected by his failure to comply
with the law under his original entry of the
tract, in the absence of a valid intervening
adverse claim
Embracing non-contiguous tracts, may be
referred to the board of equitable adjudica-
tion where the non-contiguity is caused by
the cancellation of a part of the entry on
account of a prior adverse right; and the
original entry is made in ignorance of such
adverse claim....
TIMBER CULTURE.
See Final Proof.
Is limited in acreage to one-fourth of the
land embraced in the section except where
such entry is of a technical quarter section. 407
The right to commute under the act of
March 3, 1891, can be exercised at any time
within the life of the entry by one who can
show that he has complied with the law for
the four years preceding the application to
intention to submit, is immaterial, where
no one is misled thereby, and the identity of
the applicant is undisputed...................
A contest against a timber-culture entry
on the ground of failure to submit, within
the statutory period will not defeat the
right of the entryman to have said proof
equitably considered, where it is submitted
prior to notice of such contest and without
knowledge thereof
A timber-culture entryman who submits,
within the statutory life of his entry is en-
titled to credit for each year of actual culti-
vation, if eight years of cultivation
shown
if not submitted within ten days follow-
ing the time fixed therefor new publication
of notice must be made.............
Where notice to show cause why an entry
should not be canceled for failure to submit,
within the statutory period has been issued,
an affidavit of contest subsequently filed
will not defeat equitable confirmation of the
entry, if the showing made in response to
the notice is satisfactory..
Forest Lands.
See Reservation.
Graduation Entry.
The pendency of an application to enter
lands embraced within a suspended, at the
date of the confirmatory act of January 30,
1897, constitutes no bar to the operation of
the act
Hawaii.
The government lands of the Republic of
Hawaii, ceded to the United States, are by
the terms of the joint resolution of July 7,
1898, a part of the territory thereof, and
though not subject to disposition under ex-
isting laws are, as the property of the gov
ernment, public lands of the United States.
Hearing.
See Practice.
Homestead.
See Oklahoma Lands.
GENERALLY.
Entries in Black Hills forest reserve; in-
structions of September 22, 1899, under the
act of March 3, 1899...
Land in the actual possession and oc-
cupancy of one holding under claim and
color of title is not subject to entry........ 610
Cultivation of the land embraced within
an entry is an essential to compliance with
the law
A married woman is not a qualified appli-
cant for the right of homestead entry.. 267, 297
A married woman, not the head of a fam-
ily, is disqualified to make homestead entry. 381
On the death of a homesteader, who
leaves minor children, and the death of the
wife, the right to the land vests in said
minors under section 2292, R. S., and can
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