Sun River sun., 1884-11-27
RECENT DECISIONS.
Rulings Applicable to Montana Land
Cases. -

-
WASHINGTON, Nov. IA" made
homestead entry. "B" filed affidavit
of contest, alleging that the entryman
had relinquishcd the entry and
changed his residence therefrom for
more than six months since the date
OF entry. The entryman accepted
personal summons, but failed to ap-
pear on the day selected for the hear
ing. The testimony corroborated the
allegations Of the contestant, and the
witnesses also swore that tho entry
man parted with the duplicate receiv-
er's receipt for valuable considera-
ton. Whcreupon the local officers
declared tho entry forfeited, from
which opinion no appeal was taken,
although notice was duly given to
tho entryman. Forty-threc days after
the hearing "C" comes in and files a
motion to dismiss the contest on the
ground Of collusion and speculation
between CAV and 3D." relative to tho
tract in question, accompanied by an
affidavit Of contest, alleging abandon
ment by the entryman; also an afii-
davit to the effect that he has made
improvements and resided upon the
land since three days before the hear
ing; that it was his intention to occu-
by and improve the land in good faith
as settler, with a request for the can
collation. Of the entry, and that the
land be awarded to him. The COM
missioner Of the general land Office
dismissed the contest on the ground
that it was speculative, and rejected
the application of &c" on the ground
of pending contest. In this shape
the case went to the secretary of the
interior, and that official says, that
although the affidavit was fled and
notice was issued n few days prior to
the expiration Of expiration Of six
months from the date Of entry, yet as
the allegation was one Of abandon
ment and the notice was personally
served after more than six months had
elapsed, he is Of the opinion that in
default Of objections by the defendant
or Of appeal by him from the judg-
ment of the local officers upon the
proof submitted, it is not necessary to
dismiss the contest upon tho prelimi-
nary defect. The entry is accordingly
cancelled and the commissioners de-
cision as to &C" affirmed.
The commissioner rejected an offer
of final pre-emption proof upon the
following state Of facts: Applicant
built small house and cultivated five
acre of the land; he occupied the
place only one night in each week,
and tho rest Of the time he was clerk
ing it some miles distant. This he
was compelled to do, he says, to sup
port a mother, brother and sisters
On an appeal to the secretary, that
official says: While it has been held
repeatedly that continuous residence
was not required in order to entitle
the pre-emptor to purchase, such de-
cisions have invariably gone upon the
ground, that a residence at some time
had been fairly established upon tho
land, and that absence therefrom was
the exception, and presence thereon
the rule; in such cases poverty, sick
ness, or the necessity Of business, have
been held 70 constitute good excuse
for the sbsence; in this case, however,
the application is made in the shortest
period possible under the law, during
which the prc-emptor has in no proper
sense of that term established resi-
dence upon the land, his presence
thereon being the exception, and ab-
sence therefrom the rule" The action
Of The commissioner is confirmed, and
the pre-emptor given 33 months in
which to comply with the law.-Cor-
respondence Inter r-lountain.
Origin Of the Bad Lands.
Red Bird, aD old chief of the Man