Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1885-05-19
INTERESTING LAND DEer..e,.

Digest Of decisions rendered bx .hs
soDnissI0ner OF tie General land Os
nce and SecretAFy of the IDteror -
iaslnR 70 the pabiie Land, preusr~si ara
reported semi nROnthly for the p.
ISfxi-IGeENcKE By Archibald Yo1no
attorney Al law and pFactitIoaer =
fore the Supreme Conrf Of the Tnis.(,
states, tbs Legislative and Execu,jye
Department, 10 all matters eones srnfy,o
grants, Indian titles, nine< ana otker
pnbiie lands. Ofiios 657 r street, Nash
i1gton. ID @.
/ PUBLICATION or NOTICES
| Registers must Designate uspey near
est land having general circulation. bus
sherht1o or more are published in same
town. may select the one which will best
sseserye the purpose Of the Law. (sec'y,
April n, lss5
PRACTICE.
UPen presentation Of relinq
OF entry after withdrawal OF contest
against same. sneh entry should be can
ceied by X. and x. and land held sob
iAct 20 settlement. Asst. Commir, April
IL, Is15
I'd. IL is not competent for Conmis-
sioner to rescind an order allowing an
appeal to Secretary. Asst. Comm.
April "a. 1886.
I'd. Motion for review dismissed for
the reason that the applicant was A
stranger to the record. Contestee, but
not stranger, may set up an equitabls
defense recognized by practice 10 force
when contest vas initiated. { FIX psrts
Holatine Resiew-ActinR See'y, Jan. ),
lss5
SWAMP LANDS
Commissioner's duty to review testi
nony taken az bearings regardless OF
appeals, and field notes Of survey may
be consulted TO ascertain facts as TO the
character Of land. Oregon vs.. SeiRer
et al, Sec'y, April 8, 1885.
ID. Lands returned as subisct ito
periodical overflow" not swamp and
oyerfiUwed lands. california vs.. Hem
inRton. Sec'y. May /, 1856
CITIZENSHIP.
Applicants for homestead and timber
culture entries should state in their aff
dayits that they are native bern or nat
uralized citizens, or have filed their
declarations, and. IL naturalized. record
eyidence repaired. Asst. Comm r. April
~, 1851
TIAIEEE ouLTUKE.
Contest against timber culture entry
entertained where application to enter
was filbd subsequent 90 contest affidavit
bat prior 10 notice OF hearing and be-
fore tie intervention of rights of third
parties. Only in extreme and extraor-
dinsry easus should special agents re-
ports or other ex parte testimony be
substituted for evidence taken at hear
inRs. (Drake vs.. Schupp, Sec'y. April
IL, lSs5.
RAILROADS.
4 homestead entry made by an agent
segregated the land embraced therein
and excepted IL from railroad withdraw
al, although homestead affidavit was
made before claimants commanding
officer and set forth that he was single |
Enan Ia the naval service of the United |
staltes. tSt. PAnl N. Il NJ X. Co. vs.. |
FoFseth, Sec'y, March u, 10. and Same |
Go. W. Hoef, Sec'y, April 30, 'S5l
I'd. Homestead entry having been al |
lowed, u was prIma facie valid, and be- |
ibgs OF record at date of railroad grant, |
Il excepted ths land from the grant. |
ehassines & Dakota h. Co. W. Hslden |
81 al.. See'y. April "a. 1871
Sd. Withdrawal does not operate upon |
land embraced In a pre- emption claim |
Of record at date of such withdrawal. |
No claim 10 land as indemnity can be !
asserted prior 20 selection. (St. Paul |
ID. d Nj. II. X. Go. vs.. Blad, Sec'y. April |
IL, 1856