, 1882-05-12
PUGET SOUND ARGUS.
General Land Office Rulings.
EDWARD PETERSEN.


CONTEST. The affidavit of Il contestant which
does not question the good aith OF a pre-
emptor or his compliance with the require
ments of the presumption law, Ia not sniff
cient ground on which to order hearing
NIB. DEPARTMENT OF THE INTERIOR.
GENERAL LAND OFFICE,
WASHINGTON, ID. c., Feb. 6, 1882
REGISTER AND RECEIVER,
Colfdr, Washington Territory.
GENTLEMAN:-I am in receipt OF your
letter of the 18th ult, transmitting at1-
dayits attacking the validity OF cash entry
No. 695, made November 10, 1851, Dy
Edward Petersen, for the Q nj OF Sc AZ
and hf OF ne or. sec. IA. tip Il n, r. 90
east. W. NJ. and asked that hearing be
ordered to determine the facts in the
Petersen filed declaratory statement
No. 1860, for said land, July IA,
alleging settlement June !, 1880. His
entry was made after due notice by
publication. John b. Keefer. an adverse
claimant for the Inf of Sc qr said
acc. under timber culture entry no 93S,
receiving personal notice, and filing
waiver OF his right to the same.
Petersen is qualified pre-emptor.
His testimony is corroborated by two
witnesses, to the effect that his residence
nm the land was continuous from June,
1890. M to the time Of application to
enter. his improvements consisting OF
house, and other improvements valued
at from $500 to 800. 49,.
The affidavits submitted, set forth in
substance that there is not more than
tan acres OF the claim that is susceptible
of cultivation, and this in small tracts
not exceeding two acres; that the
remainder of the land is broken and
rocky, and valuable only on account OF
it's proximity TO the town OF Sprague,
and, further that the improvements
made by Petersen are OF little value.
You held that as said affidavits did not
question the good faith Of the pre-emptor
or his compliance with the requirements
of the pre-emption law, the same were
not sufficient grounds on which to
order a hearing. Your ruling is
sustained, and the entry of Petersen
will be allowed to stand. Notify parties
in interest, and allow the usual time
for appeal.
THOMAS A. CHESHIRE.
DArE-In case of contested timber entries,
the contestants entry takes date from the
time 1t is fully effected, and not from date OF
initiating contest.
r. II. f. DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFEIoE,
WASHINGTON, ID. G., Sept. ID, 1882.
REGISTER AND REcEIyEs,
Larned, Kansas
GENrLEMEN:--I am in receipt OF your
lettsr OF the fifth inst, submitting the
application OF Thomas A. Cheschire,
who contested and procured the
cancellation, May "a, 1881, Of timber
timber culture entry No. l726, OF John
Benson, on SO or, sec 70, Up "a s., range
SO west, to be allowed to date his
application to enter said land, as pre-
ferred claimant, from the date it is
made of record instead of the date OF
the institution of contest, when 1T was
filed.
In the case Of Kinney VS.. Degman (re-
ported in Hills Leading Land and Min
ing Gases, Vol. !, p. %, and Copp's Land
Owner, for June, 1880, p. 39l it was
held by the Hon. Secretary Of the In
terror that the local officers erred in al
lowing the entry of Degman, the con-
testant OF Kinney, timber culture entry,
upon the application and affidavit made
at the time Of instituting contest, that
.'all that was required OF party who
contested timber culture entry, under
the Act OF March l3, 1874, in order to OBJ
tain a preference right to enter said
tract under the timber culture or home
stead entry act, when said contested en-
try was cancelled, was to file an applica-
ton to enter the same at the time or IN
stituting contest" that "the same rule
applies to those who contest entries un.
der the third section of the act approved
June IA, 1873" and that, "if the contest
ed entry is Cancelled, the applicant
should be informed and a reasonable
time in which to perfect his entry, by
the fling of the proper affidavit and
payment OF fees" etc.
Prior to the rendition OF the Hon
Secretary's decision, it was the practice
Of this Office to allow the successful con-
testant DO date bis application from date
OF initiation OF contest.
Pending the period between the rem
dition of said decision and the passage
OF the act of May IA, 1880, the rule in
force permitted the successful contest
ant to date his application from the
time the same was perfected, by the FL
ing of the proper affidavit and payment
OF fees, provided his application was so
n ,rfected within reasonable time after
notice OF cancellation Of the entry con-
tested by him.
Since the passage of said act, however,
Il has not been held to bo obligatory
npon the contestant to file application
al time of initiating contest, as form
erly held, in order to secure to himself
the preference right of entry, as provid-
ed in said act, so long as he files ms APP
plication and perfects the same within
thirty days after notice OF cancellation.
There would seem, therefore; to be no
valid objection to allowing the timber
culture application filed by Cheshire
nnnkaut IN date