Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1886-02-13
Dlaest Of Land Decisions.
Compiled 6y S. ". Snot0, Land Attor-
nag, Washington, D. c.


against q pre-emptiOn claim, prior TO
offer to make final proof, yet the gov
eminent may at any time exercise the
right of instituting inquiry as to gheth-
er claimant is complying with the law.
In such case objection to the jurisdie-
lion Of the local office should be made
plior to trial on the merits.-Sec'Y to
Com'r, Nov Il, 1885, case Of Strawn
vs.. BIaher.
FINAL Satisfactory Evidence;
The district officers should thorough
y scrutinlze and test the accuracy and
reliability OF all proof presented for
their action. Formal answers to the
questions contained in the printed
forms should not be held satisfactory
without REORGANIZATION Sec'y to
Com'r, Nov. %, 1855, case of Fred
King.
HOMESTEAD ENTRY Settlement
rights:-One holding as a tenant of
another acquires no settlement rights
under the homestead law. The owner
ship of the improvements being in the
pre- emptor at the date of his settlement
such improvements insure to his bene-
fit as fully as though made in person by
him.-Sec'y to Com'r, NoY. %, 1885,
case of Conk VS.. Richenbach.
FINAL PROOF-Cross-exa -
If the local officers are IN possession of
information tending to impeach the
good faith of the claimant, such infor-
nation should be made the basis of
due Observation-Disclosures to
Com'r, NoY. %, 1886, case of HalVor
Hansen.
INSTRUMENTATION quishment En-
try having been made with full notice
Of prior settler, and voluntarially re-
linquished, the claim for repayment is
denied.-Sec'y to Conf, Nov, %, case
of Gideon l. Beardsley.
CONTEsT.-In every contest the gov
eminent is a party in interest, and will
tako care, so lar as possible, that every
applicant for public land shall show
good faith in every act. In view of the
charge and counter-charge of fraud,
the doubt as to the correctness of the
record, and the conflicting allegations
as to the improvements, further hear
ing is ordered. -Sec'y to Com'r, Nov.
%, 1885, case of Dayton vs.. House,
ct GL
Usage INDIAN LANDs.-A person
who has made legal filing under the
pre- emption law, cannot make a filing
on Usage Trust and Diminished Reserve
lands, nor can a filing on public lands
be allowed where applicant has made a
valid fling on Usage lands, unless in
each case the settler was actually resi-
ding on the Indian lands on May 9,
1S72.-COm'r to S. W. Brandon, Ash
land, Kansas, April 2, 1885.
CONTEST; Hours EoR HEARING -
While it IS proper for the local officers
to appoint particular hour of the day
for hearing in a given case in order to
regulate and systemic business, yet
such rule should not be so applied as to
work a forfeiture of the rights of an
honest claimant who happens to be
prevented from arriving at the Office
exactly at the appointed time, owing to
some misfortunc.-Com'r to r. & R.,
Huron, Dakota, Dec. "a, 1885.
COMPUTED HoMEsTEAD ENTRY -
The cash entry held for cancellation
for several reasons of insufficient proof
aud entry having been made two
months subsequent to proof, attorney
asks extension of time for appeal as
claimant has changed her P. o. ad-
dress when appeal is presented It is
found that claimant resides in another
state, The entry is adjudged fraudu-
lent and appeal denied on account of
not having been presented in time, at
torneys action being considered friyi-
lous; twenty days allowed for
ce5tiorari,-Com'r to r. & r., DEVILS
Lake, Dakota, Dec. %, case of Ida
May Taylor,
Com EsT.-There Is no provision of
law which requires a party to prosecute
a contest to final Judgment if it be-
come apparent that his cause of action
is defective or weak. Il is his right to
have the case presented in the strong
est and most complete manner, and if
to do this, it becomes necessary to dis
miss pending contest and begin de
moro he should be allowed to do SO -
COm'r to r. s. r., Wichita, Kansas,
Jan. 8, 1886.
PRIVATE ENTRY Restoration Notice
Required Land applied for was
marked on the plat in the local Office
with the number ai a private entry, and
though so marked, probably through
miatake, it was not thereafter subject
TO private entry pntil regularly re-