Kendall

On March 3, 1877, an act was approved entitled “An Act to Provide for the Sale of Desert Lands in Certain States and Territories.” (19 Stats. 377 [U. S. Comp. Stats., sec. 4674 et seq.].) On March 3, 1891, that act was amended. (26 Stats. 1096 [U. S. Comp. Stats., sec. 4677 et seq.].) On March 28,1908, the statute was further amended. (35 U. S. Stats. at Large, 52 [U. S. Comp. Stats., secs. 4681-4683].) Under the latter statute, section 1 (U. S. Comp. Stats., sec. 4861), it was provided that from March 28, 1908, the right to make entry under the provisions of the act of 1877 and 1891 should be restricted to surveyed public lands of the character contemplated by said acts and no such entries of unsurveyed lands should be allowed or made of record provided, “That any individual qualified to make entry of desert lands under said acts who has, prior to survey, taken possession of a tract of unsuryeyed desert land not exceeding in area 320 acres in compact form, and has reclaimed or has in good faith commenced the work of reclaiming the same, shall have the preference right to make entry of such tract under said acts, in conformity with the public land surveys, within ninety days after…