, 1882-12-16
Land Decisions

Anything anthoriiatv.iy Touching tile
meat OF land Gases Is OF iu,e.es. to the peo-
pie OF tins country. Tao important cases
nave recently been adjusted at Washington
Cry, which We think oi interest 70 cur read.
els
Acting Secretary J0slyn reuG-r,d de.I-
Sou III .br ease OF JuiIus Berg, ON an ap,,,.,.
nom dec!s'uu OF Jhr Commissioner 81 the,
G=nersi Land Utiiee declining 10 cancel un 4
;nar-e Of abandonment Of the Homestead ell
ny II RerAiGs- fpe S-urctary Ar,I n, tie
mmlssloners decision. Ihc settler failed
10 complete ms house and make permanent
Residence ON the land uitLu six months al
entry, although he had large portion Ia
crop ana hAd maze prr.Iml' ary Preparation.
Tor building. The failure ~ Is SHOWN AZ tb..
n~anrg 70 have been parity II not wholly
occlsIoned by china .Ic r, asous, and the Sec
retary Informs tne Coaius,ss Iorer that ne Is
warranted, under the act o. March .. lSSi.
10 allow, Ia his discretion, a further period
oi SIX months within which tn residence
may be established. The Secretary recites
the fact tiat th.s period had next expired at
tie date OF the contest, and that there IS no
alleggt On that Perkins had failed to meet
the prorT-iouS cf q lie ret. On the contrary.
It Is sufficiently shown that he Is in no ma
terra! iaehes under It The Commissioner
de shines, without referring 10 the at, 20 dis
turb tie entry upon the equitable grounds oi
long established practice, aud his decision Is
a!lIImei Tor the Reasons gwen as well as upon
the aidltlOna! grounds OI the legal relle: al
iOraeu hy lie statute cited.
The other was tae case OF ADdrias Schmidt
against Charles II. StLwell, involving the
alters timber culture entry. on his appeal
from tEe decision 81 the Commissioner hold
M hIS en:ry FOR cauceilltion. l. appears
that III January, 1873, schmidt purchased az
an eXpers- 81 several hundred doIlafs the
imprOye eneUt AMI pHs,essOry right OF = tor
mrr timber cglture claimant to the tract.
AMI received re!,rquIshm, N, thereof, which
he sfrerAard hi-,. IA the local office. and at
the same lime applied verbally 10 enter the
tract under tue tim ier culture laws and ten
dcrei the ices therefor. HE application WAS
refused p-ndsAL action by the General Land
Oihse upon the re!Ingul,hmear, hat he Was
Ins rUct,d by the officers that MS right
wound he Protected, aun ms name was ru-
tired on th,Ir books 10 Indicate his CLAIM
Nben notice o' the cancellation Of the iOr-
msr entry reached the Local office, the OIL
csrg, IL pursuance Of tn ir pTo.nIse. notified
; bmiit thrr,Ot by mail Upon the same
day Stt.l ell made his entry "a soon as he
received tie said notice. SchmidU again APP
pie / 10 enter the tract. but hts application
wgs refused iy reason Of Shllweiis eatry.
Ihv sat.n. Neyr. .tlTy holds that this ease Is
fairly Ia he rnirg ~ the Supreme Court,
winch holds tnrt here an individual, Ia the
arH>ccurIon uf a H. m, does every thing which
tne-!au requires him TO do, AMI he fails from
,hr ul- conduct "r II. q guuce ot 4 public 9th
ser, the las Viii pro ct ana, OF It not fully
,Ituiu that decision, il IS mlnitestly covrIea
by anurher rI.inL Of the supreme Court.
The Obj,c-,o the acting Secretary
SAYS. that .hmiIt dId not make written
,ppli alton, Is technical a.d not equitable.
" uere party ats upon the sngsestlJns o.
the officers q; the gOvernmeGt he >hoGid lose
not!:i unless required by the absolute de
lands OF 'Ee 'aN, espvcIally when the ad-
vrse clum i - IN gut;ahle as Is that OF
~tI.lHel Schmidt = a RUSSIAN by birth,
having teen IN ;hI- country hut tW 0 y.aIs,
nh igu'rInr ii l. language aud lad laws.
a .d thrs department viii pTot,cy such per
sors. 50 lar rs II can within tne law, from
re raIac'ty or those wh would taxr advar-
c,.s OF thuir ignorance t. acquire tne.r
rglts AID apPr"; rate her pr, psrty.'
The de-is.un II the Commissioner Was al
ii med.