, 1864-10-07

Amos SnOrt, before Ine heBlSler anu he-
as ceiver of the Land Office
Andre Schrader. Vancouver w. T.
Contest in relation to the s. E. ! of the s. E. /
of section No. 22-the N and s. w. of the
N. E. of section No. u, in township No.
North Of Range Nc 35, East of the Willamette
meridian.
The above described tract of land was entered
at this office on the 9Th day of July 1868, by
Manrad Bohle, under the Homestead Act"
On the lst day Of July 1864, Amos c. Short,
caused a notice to Manrad BohIe, to appear in
the Washington Statesman, "a newspaper
publ shed in Walla Walla County w. T.,-said
notice being to the effect that he Short would
on the goth day of July 1864, apply to enter the
above described tract Of land, under the 'Lome-
stead Act" and that he would at the same time,
submit proof Of his, (Bohle's) abandonment
thereof.
On the llth of July, 1864, Bohle, through his
Attorney, 5. B. Fargo, wrote to this office, de-
nyng that he had abandoned the land, and ask
ing for time to defend his right thereto'
On the same day, July lltn) Andre Schrader,
by his Attorney, Gus l.. br dses, wrote, claim
ing that he wds an actual settler, ana occupant
of the land, and that lie claimed the right Of
pre-emption thereto where upon 1t was ordered
by this office that depositions be taken in the
usual manner, and the dispositions so taken are
now before us
which he denied that BOhe had Abandoned his
claim Bohle's attorney Fargo forwarded to this
Office BOhle duplicate homestead receipt, upon
the back of which was endorsed Bohle's aban-
donmeut of the land therein described, the aban-
donment being dated September :th 1868 and
attested bv ). b FARGO, .,nd tne testimony shows
Cvn lu ilely it Las1 erly aba dOIed the
land. We lave th~,cIOre, only TO determine as
between Short and Schrader.
ba aha a
been forwarded to this office at the time of its
execution, to wit Sept. 4th, 1858, it would lin
the absence Of instructions; to the cOntrary,)
have been regarded as a good and valid aban-
donment ut, in much as its exis ence was un-
known to tuio otnce; unUl after the INCEPTION OF
this contest, we conceive that it has legal
force, and must regard the land rs being in the
possession Of Bonle, uniil hs abandonment
thereof was proven Ito wit, July goth 1864.
Accepting this view of the case as correct, we
find fl om the test mony lbmitted us tIatSchra-
der was not then, July 10th 1864 nor had he
been for at least two months prior thereto, per-
sonally resident in this Territory; so that he
could not have made the settlement in person"
required ty the act of Sept. 4th l6ll, and if on
the other hand, ,cept the abandonment, and
give it force and erect from Sept. 4th 1868,
Schrader must be concluded as he has failed to
give notice Of his claim; within the time pre-
scrbed by law-three months. Indeed the tes-
timony shows that, although the land has been
in the possession of Schrader, since Sept, 1868,
yet he had taken no steps 10 secure his claim,
until moved thereto by shorts notice to Bohle.
After careful and mature consideration of
the facts in the case, as shown by the deposit
tions and papers on file, we find, that Schrader
after settling upon, and making valuable improv-
ments on the land, has forfeited his right there
to, by reason of his failure to comply with the
requirements of the law.
We find, on the other hand that Short has
complied with the law, and is legally entitled to
the land, and we so decide.
Given under our hands, at the Land Office at
Vancouver, W. T. this 9th day of September,
A. D. 1864.
JOSEPH NJ. FLETCHER, Register.
SAMUEL w. Brown, Receiver.