, 1882-02-24
LAND RULINGS.

The following decision was rendered Dy
the commissioner oil the General Land
Office on the 9Th Of January, upon the
contested land case of o Flint and A Bar
low of Lopez Island. We give the text
in full, thinking it may be OF interest to
many of our readers:
DEPARTMENT OF THE INTERIOR, }
GENERAL LAND OFFICE,
Washington, ID. c., Jan. q, 1882. }
REGISTER AND RECEIVER,
Olympia, Washington Territory:
GENTLEMEN:
have examined the contested case OF
Ooif Flint. VS.. Arthur Barlow, forwarded
With your letter of March IL. 1881, and
involving title 10 lots 3, 8 & 8, aud Sc Or
of sw ar SEC. "a, "a N, 2w.
Hearing was had October Z. 1880. The
records show that Arthur Barlow made
II. +. No. 1929. January .. 1878, for lots
ISs, sec. 25. "a n. . W. Also that Clotf
tor lot 4, scc lS, "a n. west, and lots 5,
SIS 8. and sc or of sw or sec "a, "a N, 2 W
Alleging settlement December 3, 1877.
This hearing was had IN pursuance Of the
application Of Flint to make final proof
and payment, upon due notice. Both
parties were present at the hearing, with
their respective attorneys, and the follow
ing testimony in substance was adduced
Flint is qualified pre-eniptor, and set
lied upon lot 4 OF his claim on the 9th of
December 1877. His first act OF settle
npnt was repairing an Old unoccupicd
house by supplying door, windows and
part of the root. A few days subsequent
to this he established his residence in said
house. and resided there up to the date OF
the trial. Since his settlement he has i'm
proved lot by building chicken house,
hog pen and root house, and by fencing
about ten acres OF the land, and breaking
and cultivating some four acres thereof.
IN the winter Of 1889, he built log
house on lot 9 of his claim. making his
improvements In the aggregate worth
about 800; His business connected with
the land has been fishing and farming.
10 Is alleged that one Samuel Alton set
tied upon lots 5&S and NV Or OF Sc or sec
"a, on che first OF October, 1874, and filed
his ID. s. for the same, January ID, 1876.
Also that he had built house on lot D.
cleared about two acres OF the laud, and
resided there until about the time Of Bar
low s entry, and afterwards sold his i'm
provements to Barlow. 1t Ia in evidence
that on the same day that Barlow made
his III. +. for the land In contest, he made
his final proof and payment tor an ad-
joining presumption claim. The majority
OF his family. including his wife, have
rOntinled TO reside upon this pre-emption
claim, by his own admission, and we have
nothing but his own unsupported testi-
mony as to his own residence upon the
homestead claim. while several of his
neighbors swear that 1t has been upon his
pre-rmptiOn claim. Barlow claims to
have cleared four acres on lot 3, aud to
have cultivated ha'f an acre Of the ground
I'D I" the date Of hearing, and to have
hl1 two acres broken for fall wheat. lie
also claims TO have fenced about three
cres, and that he has four thousand rails
''rea ~ 10 lay up. all on said lot D. But
the testimony of two witnesses throws
gr'lr doubt upon his allegation OF culii-
walton, aud at the same time renders 1t
Very uncertain whether there was house
on lot 3, before October or November,
1878.
At all events It must be admitted that
Flint was on the land, and laid claim to 1t
sonu time previous to any claim thereto by
Barlow. His ID. ). was dated December
%. 1877, and forwarded by mail to the
Register and Receiver, whom 1t reached
January Z. 1878. which date 1t bears.
| therefore award the land embraced In
his ID. S., and as his final proof is on file
with the case, and Is regular and sufficient.
You will allow him to complete his entry.
The II. L. OF Barlow, to the extent that
in conflict with Flints ID. ). Is held sub
.jpCt to said entry OF Flint. Notify all
the parties In interest and allow the
usual time for appeal.
Very Respectfully.
,'ignedl N. G. MCFARLAND
Commissioner.