Glasgow weekly times. (Glasgow, Mo.) 1848-1861, 1858-07-08

can have the right; and II was generally IN
derstood, too, that the plan adopted at Platts-
burg on the 2nd Of March was one that was
approved by the department at Washington
City, and at least had good reason TO sup
pose that any equitable rule or plan, adopt
ed by the local officers, would be:.valid, and
that an entry made under such rule would
hold, for l had letter from this same
Commissioner, T. A. Hendricks, which re-
cognized the right Of the local officers, TO
form their own rules in this respect. This
letter was in the care of Mr.. VIM. Mullin,
of this county, (Ray). 1t appears, that al
Ter the death of the Receiver, Brown, and
before an appointment was made 10 fill the
vacancy, Judge Birch, then Register, adapt
ed the rule, that during that time persons
applying TO enter land, were listed and
should have the right TO consummate the
entries in their order, and in preference to
any other person, when receiver should
be appointed.
Under this rule Mrs. Julia Ann Elliott,
applied TO enter certain tract Of land; and
after Receiver was appointed, VIM. Null
lin, applied for, and was permitted 10 enter
the same land. A few days afterwards, it
was discovered that Mrs. Ellio,i's spplica-
ton had been overlooked, when the local
officers took it upon themselves promptly
to cancel Mr.. Mullins entry, and advised
him Of the fact; wbereupon, Mr.. Mullm
employed me to prosecute his claim. did
so, by sending TO the Commissioner state
ment Of the facts, together with Mr.. Null
Inns certificate Of purchase, and Judge
Birch's letter, and The following are the
letters of the Commissioner, sustaining the
local land officers:
GENERAL LAND OrYicE,
August %, 1855.
STA: have to advise you in reply TO
your letter of the 18th ult., respecting the
entry of Mr.. VIM. Mullen. per Plattsburg,
Mo-, certificate No. 1883, that letter
has this day been addressed TO the Register
and Receiver at Plattsburg, calling on them
for a report Of all the facts connected with
said entry. -.
When the report of the local officers shall
be receivedihe case will be promptly in
vestigated, and you will be advised Of such
action as shall be taken thereon.
The duplicate receipt No. 1888, in.
closed in your letter, is herewith returned
TO you
Very respectfully, your obi ser'vt.,
THOS. A. HENDRICKS, Conn.
E. d. Parsons, Esq, Richmond, Mo.
I am informed that in this letter to the
local officers, the Commissioner repriman-
ded them severely for daring TO cancel an
entry without authority from their superb
ors, yet, on the reception Of their report, he
acquiesees and approves their action, as is
shown by the following letter. 1t ought TO
be borne in mind, however. that at this
time James II. Birch and Thomas A. Hen
bricks were friends.
/ GENERAL LAND OFFICE,
June 10, 1858.
SIR: In reply to your letter Of the 23d
ult., in relation to the entry of VIM. Null
lin, per Plattsburg certificate of purchase,
No. 1888, have TO state, that IT ap-
pears from the joint report Of the Register
and Receiver in the case, that Mrs. Julia
Ann Elliott applied on the l4th day Of
March, 1855, to enter the Northwest quar-
ter Of Northwest quarter of section 5, town.
ship SO, North OF range 26 West. and that
as the office of Receiver was then vacant,
she was permitted, under the rules of the
Office, to file said application, with the priv
ilege Of concentrating the entry when
Receiver should be appointed, which she
did, accordingly. Mr.. Mullin had, in the
meantime, been permitted TO enter the same
land, through an error of the local officers,
per certificate ct purchase No. 1852
The land officers, upon discovering the err
ror, Immediately notified Mr.. Mullin Of the
same, and that his money would be refund
ed 10 him.
Under these circumstances, the entry Of
Mrs. Elliott will be confirmed, and Mr..
Mullen will be entitled TO the return of the
purchase money paid on his said entry, up
on his submitting an application TO that ef-
feet, through the Register and Receiver, in
the usual FORM Very Respectfully,
THOS. A. HENDRICKS, Com.
Ed. Parsons, Esq, Plattsburg, Mo.
Let us now apply this case to The one. Jun
der consideration. We will place Yonley
and others, who entered on the I'd day Of
March, with their written applications,
when there was both Register and Re-
ceiver, and specifying the section, parts of
section, township and range, and signed by
them as the law requires, in the place OF
Mrs. Julia Ann Elliott, with her mere APP
plication, not in wiring, signed by her, and
when there was no Receiver, and these
Pennsylvania parties in the place Of Wn.
Mullin.
What do we now see? That the entries
Of Yonley and others are cancelled, and
that of Mrs. Julia Ann Elliott sustained;
while that Of these Pennsylvania parties is
sustained, and that of Mullin cancelled.
Oh! consistency thou art jewel. Yet
this is complaint that have heard made
frequently at every local land office where
have transacted business, that the present
Commissioner makes one decision to-day
and overrules il tomorrow. ,
Thus our title is made to hang upon
mere within. -.
This cannot be regarded as case manu-.
featured for the occasion, as is said Of the
case of Hardin VS.. Jackson, for il vas made