or the Commissioners of the District of Columbia file a claim in the Court of Claims, which shall have jurisdiction to hear and decide the matter in like manner as in other cases before said court. SEC. 2. [Act not applicable to transportation, transmission of intelligence, purchase of supplies or repair of levees or revetments; President may waive act in time of war; no penalties in emergencies.]-That nothing in this Act, shall apply to contracts for transportation by land or water, or for the transmission of intelligence, or for the purchase of supplies by the Government, whether manufactured to conform to particular specifications or not, or for such materials or articles as may usually be bought in open market, except armor and armor plate, whether made to conform to particular specifications or not, or to the construction or repair of levees or revetments necessary for protection against floods or overflows on the navigable waters of the United States: Provided, That all classes of work which have been, are now, or may hereafter be performed by the Government. shall, when done by contract, by individuals, firms, or corporations for or on behalf of the United States or any of the Territories or the District of Columbia, be performed in accordance with the terms and provisions of section one of this Act. The President, by Executive order, may waive the provisions and stipulations in this Act as to any specific contract or contracts during time of war or a time when war is imminent, and until January first, nineteen hundred and fifteen, as to any contract or contracts entered into in connection with the construction of the Isthmian Canal. No penalties shall be imposed for any violation of such provision in such contract due to any extraordinary events or conditions of manufacture, or to any emergency caused by fire, famine, or flood, by danger to life or to property, or by other extraordinary event or condition on account of which the President shall subsequently declare the violation to have been excusable. Nothing in this Act shall be construed to repeal or modify the Act entitled "An Act relating to the limitation of the hours of daily service of laborers and mechanics employed upon the public works of the United States and of the District of Columbia" being chapter three hundred and fifty-two of the laws of the Fiftysecond Congress, approved August first, eighteen hundred and ninetytwo, as modified by the Acts of Congress approved February twentyseventh, nineteen hundred and six, and June thirtieth, nineteen hundred and six, or apply to contracts which have been or may be entered into under the provisions of appropriation Acts approved prior to the passage of this Act. SEC. 3. That this Act shall become effective and be in force on and after January first, nineteen hundred and thirteen. NOTE (See also act of Aug. 1, 1892, and act of March 3, 1913.) The eight-hour law is codified in U. S. C., title 40, ch. 5, secs. 321-326. ! ASSIGNMENT OF DESERT-LAND ENTRIES An act relating to partial assignments of desert-land entries within reclamation projects made since March 28, 1908. (Act July 24, 1912, ch. 251, 37 Stat. 200) [Sec. 1. Desert-land entries within reclamation projects may be assigned— To conform to farm units.]-That a desert-land entry within the exterior limits of a Government reclamation project may be assigned in whole or in part under the act of March twenty-eighth, nineteen hundred and eight (Thirty-fifth Statutes at Large, page fifty-two), and the benefits and limitations of the act of June twenty-seventh, nineteen hundred and six (Thirty-fourth Statutes at Large, page five hundred and twenty), shall apply to such desert-land entryman and his assignees: Provided, That all such assignments shall conform to and be in accordance with farm units to be established by the Secretary of the Interior upon the application of the desertland entryman. All such assignments heretofore made in good faith shall be recognized under this act. (37 Stat. 200.) Textual note.-The substance of this act is codified as section 449, title 43, United States Code. As codified the act reads as follows: A desert-land entry within the exterior limits of a Government reclamation project may be assigned in whole or in part under section 324 of chapter 9 of this title, and the benefits and limitations of the preceding section shall apply to such desert-land entryman and his assignees: Provided, That all such assignments shall conform to and be in accordance with farm units to be established by the Secretary of the Interior upon the application of the desert-land entryman. All such assignments made in good faith prior to July 24, 1912, shall be recognized under this section. NOTES Assignment of entries.-Where a desert-land entry within a reclamation project is assigned in part under this act the entry should be subdivided into farm units; but where such an entry is assigned in its entirety the establishment of a farm unit is unnecessary. (Catherine Baart, 44 L. D. 386.) See sections 116-128, inclusive, general reclamation circular, approved May 18, 1916. (45 L. D. 385.) Sections 123, 124, and 128 of the general reclamation circular were amended by the Department on July 30, 1930. See C. L. 1901. Cross reference.-See act of June 6, 1930 (46 Stat. 502). PATENTS AND WATER-RIGHT CERTIFICATES LIMIT OF LAND HOLDINGS-FISCAL AGENTS LIENS RESERVED. JURISDICTION OF An act providing for patents on reclamation entries, and for other purposes. (Act August 9, 1912, ch. 278, 37 Stat. 265) [Sec. 1. Homesteaders under reclamation act to receive patents when conditions completed-Purchasers of water-right certificates-Payment in full required.]-That any homestead entryman under the act of June seventeenth, nineteen hundred and two, known as the reclamation act, including entrymen on ceded Indian lands, may at any time after having complied with the provisions of law applicable to such lands as to residence, reclamation, and cultivation submit proof of such residence, reclamation, and cultivation, which proof, if found regular and satisfactory, shall entitle the entryman to a patent, and all purchasers of water-right certificates on reclamation projects shall be entitled to a final water-right certificate upon proof of the cultivation and reclamation of the land to which the certificate applies, to the extent required by the reclamation act for homestead entrymen: Provided, That no such patent or certificate shall issue until all sums due the United States on account of such land or water right at the time of issuance of patent or certificate have been paid. (37 Stat. 265.) Textual note.-The substance of the above section, and the act of February 15, 1917 (39 Stat. 920), amending the above proviso, are codified as section 541, title 43, United States Code. NOTES Amendment.-Act August 26, 1912 (37 Stat. 610), makes this act applicable to desert-land entries. Act of July 17, 1914 (38 Stat. 510), extends the provisions of this act to lands in the Flathead Indian irrigation project, Montana. Act February 15, 1917 (39 Stat. 920), amends the proviso to this section. Water-right certificates.-The terms "water-right certificate" and "certificate" as used in this section relate to final water-right certificates issued in connection with water rights for lands held in private ownership. (William E. Borah, 42 L. D. 207.) The fact that remunerative crops may be raised without irrigation upon land lying within a reclamation project is not sufficient ground for exclusion of such land from the project; and final certificate should not issue upon an entry embracing such land until all the sums due the United States under the reclamation act on account of land or water right at the time of issuance of the certificate shall have been paid. (Lewis Wilson, 42 L. D. 8.) Payment of charges. In view of the proviso of this section there is no room for application of the doctrine of relation and holding payment of the charge due at the time of making final proof as meeting the requirements of the act. (William E. Borah, 42 L. D. 207.) The provision of the reclamation law requiring payment by an entryman of all sums due the United States on account of the land or water right at the time of submission of proof as a condition precedent to the issuance of patent is not satisfied by the assumption by an irrigation district of an obligation to PATENTS AND WATER-RIGHT CERTIFICATES, ETC. 137 pay the water-right charges; nor does an extension of time accorded by the irrigation district for the payment of accrued charges operate as an extension by the Government unless approved by the latter. (Frank Zumpfe, 51 L. D. 608.) Taxation of land within reclamation project.-A patent to lands within a reclamation project issued to a homestead entryman under act of August 9, 1912 (37 Stat. 265), on proof of compliance with the provisions of law as to residence, reclamation, and irrigation, conveys a legal title, the Government reserving only a prior lien on the land and appurtenant water rights as security for the payment of all sums due or to become due on such water rights, and such lands are taxable by the State; the lien of the tax, however, being subject to the prior lien reserved by the Government. Homestead entrymen on such lands who have made proof of compliance with the general homestead laws but have not fully complied with the additional requirements of the reclamation act as to reclamation and irrigation, have a vested interest, which may be sold, mortgaged, and inherited, and which also is subject to local taxation. Generally speaking, one who has the right to real property and is not excluded from its use and enjoyment should not be permitted to use the legal title of the Government to avoid his just share of taxation. (United States v. Canyon County, Idaho, et al. (D. C. Ida. 1916), 232 Fed. 985. See also Cheney v. Minidoka County (1914), 26 Idaho 471, 144 Pac. 343. To the contrary, see law notes, Reclamation Record, 1915, p. 554; law notes, Reclamation Record, 1916, p. 65.) When entryman's interest taxable.-Lands entered within a reclamation project are not subject to State taxation before the equitable title has passed to the entryman; and that title does not pass until the conditions of reclamation and payment of water charges due at time of final proof, imposed by the amended reclamation act, have been fulfilled in addition to the requirements of the homestead act. (Irwin v. Wright (Ariz. 1922), 42 Sup. Ct. 293, 258 U. S. 219, 66 L. Ed. 573.) See also Wood et al. v. Canyon County (Sup. Ct. of Idaho, 1927), 253 Pac. 839. Regulations. For regulations concerning issuance of final water-right certificates and certificates of full payment and release of liens see C. L. 1046, October 3, 1921; and C. L. 1085, March 1, 1922. C. L. 1159 September 27, 1922, incloses forms of application for permanent water right. Sec. 2. [First lien on land reserved to United States-Title forfeited upon default of payment-Redemption within one year—Sale after failure to redeem-United States may bid in.]-That every patent and water-right certificate issued under this act shall expressly reserve to the United States a prior lien on the land patented or for which water right is certified, together with all water rights appurtenant or belonging thereto, superior to all other liens, claims, or interests whatsoever for the payment of all sums due or to become due the United States or its successors in control of the irrigation project in connection with such lands and water rights. Upon default of payment of any amount so due title to the land shall pass to the United States free of all encumbrance, subject to the right of the defaulting debtor or any mortgagee, lien holder, judgment debtor, or subsequent purchaser to redeem the land within one year after the notice of such default shall have been given by payment of all moneys due, with eight per centum interest and cost. And the United States, at its option, acting through the Secretary of the Interior, may cause land to be sold at any time after such failure to redeem, and from the proceeds of the sale there shall be paid into the reclamation fund all moneys due, with interest as herein provided, and costs. The balance of the proceeds, if any, shall be 88508-37--10 138 PATENTS AND WATER-RIGHT CERTIFICATES, ETC. the property of the defaulting debtor or his assignee: Provided, That in case of sale after failure to redeem under this section the United States shall be authorized to bid in such land at not more than the amount in default, including interest and costs. (37 Stat. 266.) Textual note.-Codified as section 542, title 43, United States Code, the introductory word "That" being omitted, and "under this act" reading "under the preceding section." NOTES Amendment.-Section 2, act of May 15, 1922 (42 Stat. 541), amends this section as to patents and water-right certificates for lands lying within irrigation districts. Release of liens. For instructions regarding release of liens pursuant to the act of May 15, 1922 (42 Stat. 541), see 49 L. D. 604; C. L. 1226, June 6, 1923. Effect of law. For discussion of effect of this section, see printed hearings, "Application of the Reclamation Law to Irrigation Districts," had before the Committee on Irrigation of Arid Lands, House of Representatives, Sixty-sixth Congress, first session, on H. R. 2702, “A bill to provide for the application of the reclamation law to irrigation districts." Collection of water charges. For regulations governing collection of water charges under this section see C. L. 1027, July 9, 1921, which directs that the provisions of the act of August 13, 1914 (38 Stat. 686), shall be followed in all cases of failure to pay charges for construction and operation and maintenance. See also circular letters 952, 1001, 1059, and 1689. Sec. 3. [Certificate for final payment-Single holdings limited-Excess acquired by descent, etc.-Forfeiture of prohibited excess.]-That upon full and final payment being made of all amounts due on account of the building and betterment charges to the United States or its successors in control of the project, the United States or its successors, as the case may be, shall issue upon request a certificate certifying that payment of the building and betterment charges in full has been made and that the lien upon the land has been so far satisfied and is no longer of any force or effect except the lien for annual charges for operation and maintenance: Provided, That no person shall at any one time or in any manner, except as hereinafter otherwise provided, acquire, own, or hold irrigable land for which entry or waterright application shall have been made under the said reclamation act of June seventeenth, nineteen hundred and two, and acts supplementary thereto and amendatory thereof, before final payment in full of all installments of building and betterment charges shall have been made on account of such land in excess of one farm unit as fixed by the Secretary of the Interior, as the limit of area per entry of public land or per single ownership of private land for which a water right may be purchased respectively, nor in any case in excess of one hundred and sixty acres, nor shall water be furnished under said acts nor a water right sold or recognized for such excess; but any such excess land acquired at any time in good faith by descent, by will, or by foreclosure of any lien may be held for two years and no longer after its acquisition; and every excess holding prohibited as aforesaid shall be forfeited to the United States by proceedings instituted by the Attorney General for that purpose in any court of competent jurisdiction; and this proviso shall be recited |