Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1886-02-06
Digest Of Land Deeisjens,

Digest Of Land Decisions.
Complied by S. ". Snew, Land attorney,
Washington, d. c.
CONTEST. While it is the better pfse.
tice to not allow proceedings against Q
presumption claim, prior to offer to make
final proof, yet the government may at
any time exercise the right Of institutipg
inquiry as to whether the claimant is
complying with the law. In such case
objection to the Jurisdiction of the local
Office should be made prior to trial on
the merits.-Sec'y to Com'r, Nov. II, 1885,
case of Strawn vs.. Maher.
FINAL PROOF Satisfactory Evidence
The district officers should thoroughly
scrutinize and test the accuracy and re-
liability of all proof presented for their
action. Formal answers to the questions
contained in the printed forms should not
be held satisfactory without cross-exam-
ination.-Sec'y to Com'r, Nov. 20, 1885,
case of Fred King.
HOMESTEAD ENTRY-Settlement rights:
One holding as the tenant of another
acquires no settlement rights under the
homestead law. The ownership of the
improvements being in the pre-emptor at
the date of his settlement such improve
ments inure to his benefit as fully as
though made in person by him.-Sec'y to
Com'r, Nov. %, 1885, case of Conk VS..
Richenbach.
FINAL PRooF-Cross-examination:-
If the local officers are in possession Of
information tending to impeach the good
faith of the claimant, such information
should be made the basis of due cross
examination.-Sec'y to Com'r Nov, Is,
1885, case of Halvor Hansen.
REPAYMENT REIMBURSEMENT: Entry
having been made with full notice of a
prior settler, and voluntarily relinquished,
the claim for repayment is denied Sec'y
to Com'r, Nov. Is, case of Gideon l..
Beardsley.
CoNTEsT:-In every contest the govern
ment is party in interest, and will take
care, so far as possible, that every appli-
cant for public land shall show good faith
in every act. In view of the charge and
of fraud, the doubt as to
the correctness of the record, and the
allegations as to the improve
ments, further hearing is ordered
Sec'y to Com'r, Nov. %, 1885, case Day
ton vs.. House, ct al.
Usage INDIAN LANDs-A person who
has made legal filing under the pre-
emption law, cannot make filing on
Usage Trust and Diminished Reserve
lands, nor can fling on public lands be
allowed where applicant has made valid
filing Oh Usage lands, unless in each case
the settler was actually residing on the
Indian lands on May 9, 1S72.-Com'r to
S. w. Brandon, Ashland, Kansas, April
?, 1886.
CONTEST; Hours FOR HEAR1NG.-While
It is proper for the local officers to ap-
point a particular hour of the day for
hearing in given case in order to regu-
late and systemic business, yet such rule
should not be SO applied as to work a
forfeiture of the rights of an honest claim
ant who happens to be prevented from ar
irving at the Office exactly at the appoint
I'D time, owing to some misfortune
Com'r to r, & r., Huron, Dakota, Decem-
Der "a, 1885.
COMMITTED HOMESTEAD ENTRT.-The
cash entry held for cancellation for sew
sral reasons of insufficient proof, and en-
Try having been made two months subse-
luent to proof, attorney asks extension of
lime for appeal as claimant has changed
Ter P. O. address; when appeal is pre-
;ented it is found that claimant resides
n another state. The entry is adjudged
and appeal denied on account
# not having been presented in time, at
orney's action being considered frivilous;
wenty days, allowed for ceytiorari.-
Jom'r to r. & R., Devils Lake, Dakota,
Dec. %, 1885, case Ida May Taylor.
CONTEST There is no provision of law
which requires a party to prosecute a
contest to final Judgement if it becomes
apparent that his cause of action is de-
ective or weak. It is his right to have
he case presented in the strongest and
most complete manner, and if, to do this it
becomes necessary to dismiss a pending
ontest and begin de nozu he should be
flowed to do so.-Com'r to r. & r.,
Wichita, Kansas, January 8, 1886.
PRIVATE ENTRY-Restoration Notice
Required Land applied for was marked
n the plat in the local Office with the
lumber of a private entry, and though SO
marked, probably through mistake, it
7as not thereafter subject to private en-
~ until regularly restored by public no
ice-Sec'y to Com'r January 9, 1886,
ase of Harlow Baird.
DESERT LAND EKrRY-The compact
ess of tracts entered is to be determined
y their side lines, which should not ex-
eed in length l a miles for $40 acres, one
lille for tracts down to and including 800
cres, and q mile for tracts of less area.
merely cornering one with
mother will not be considered as COM
to Com'r, January 9, 1886,
ase of Maren Christensen.
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A too frequent desire to discharge the
ladder if neglected, will result seriously,
Ike DR.. J, H. McLean's Homeopathic