The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1883-06-22
FROM WASHINGTON.
important Rulings and Decisions Timber
Culture Contest Decisions.

WASHINGTON, June 7.-After contest
has been regularly initiated and the contest
ant withdraws at or before the day fixed for
the trial, he will be regarded as in default,
and the case will proceed and be decided
accordingly; the same party will not be per-
mitted to renew the contest on the same
ground.
Case "a" filed an affidavit for contest No
vember II, 1882, against the timber culture
entry of "B," alleging failure of compliance
with the law and that the tract was held for
speculative purposes and not for cultivation
of trees; "A" on March 1G, 1883, filed notice
of withdrawal of his contest, without as
signing reasons, but at the same time filing
another affidavit Of contest on the same
ground as before. On the day fixed for a
hearing, "B" appeared at the local office and
fled statement under oath, setting forth
that he is farmer and actual settler upon a
homestead one mile from the timber culture
claim; that he made his timber culture entry
in good faith; has fully complied with the
law; has planted the required number Of
trees, and has one hundred acres under cul-
tivation. Also that "a" had made PROPOSE
tlons to withdraw his contest for a consider
alton, and that he refused to buy off the
contest.
are being practiced all over the country in a
similar manner, that parties initiate contests,
withdraw before the day of trial, then renew
the contest, and so harass contestees and in
volve them in continued and unnecessary
expenses. The Commissioner of the General
Land Office says such contests cannot be re-
garded as made in good faith and that op-
preston and extortion cannot be sanctioned
in his Office; that when a contest has been
instituted and the contestant with
draws at or before the day fixed for trial, he
will be regarded as in default and the case
will proceed and be decided accordingly,
and that the same party will not be permit
ted to renew the contest on the same ground.
Therefore, GAS" second contest will be dis
missed.
RULINGS.
Ruling under act of June 4, 1880. "a"
made homestead entry April, 1878, of tract
No. /. "B" filed contest August, 1881, al
leging abandonment and change of residence
for more than six months since making the |
entry. In June, 1880, &C" made homestead |
entry of tract No. 2, adjoining, and under
date of October, 1881, "D" filed affidavit of |
contest, also alleging abandonment and
change of residence. At hearing held in |
December, 1881, only the contestants ap-
peared. Upon this er parte hearing the local |
officers recommended that both entries be |
ga" and "B" made no appeal |
rom this action, but &c" and eD" appealed
o the Secretary of the Interior from the de-
:ision of the Commissioner of the General |
land Office, dismissing both contests, by |
which they would be estopped from inter-
posing a plea to the Jurisdiction of the Sec
etary even if notice had been brought home
o the defendants, which was not done. The
leclsion Of the Commissioner was based on
he ground that the contestants alleged no
for more than six months, ex-
lusive of the period during which the de-
eHdants were legally authorized to be alb
ent from their claim, nor did they allege any
fraudulent absence by the defendants under
heir extensions. The defendants it appears
vailed themselves of The provisions of the
nf A h, |
ettlers on the public lands in certain local
lies were permitted TO be absent from their
lalms until October /, 1881, where there
ad been loss or failure Of crops from fortu-
Gus causes in the year 1879 or 1880. And
his act further provided that during the said
bsence no adverse rights shall attach to such
aRds, such settlers being allowed TO resume
nd perfect their settlement as though no
uch absence had occurred. The defendants
ave regularly applied for such leave of alb
ence pursuant to the rules and regulations
rescribed by the Commissioner by virtue of
be act, and were therefore, says the Secre-
.ry, constitutionally residing on their claims
ntil October l, 1881. Hence it was not
for these contestants to initiate
against them upon the ground
abandonment during such absence. The
,verslon to the government of the land so
uttered could not accrue in the premises by
rtue of the provisions Of Section 2297, Re-
sed Statutes, until the expiration of the
sriod of six months from October1, 1881, or
ntil April /, 1882. But these contestants
aving elected their grounds of contest are I
hereby precluded from showing any other
than as alleged. The decision
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