St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-08-08
TIA T. LAND WIS.
Two Decisions of Importance to Set.
tiers in the Northwest.

Two Decisions of Importance to Set
tiers in the Northwest.
Special to the Globe.
WASHINGTON, Aug. 1.-THE recent de-
cision by Secretary Lamar that in canceling
land entries the burden of proof rests on
the government has created a more hopeful
tone among settlers, according to all re-
ports received here. The decision in uues-
ton was that in the case of Henry Putnam
of California, who had bought large num-
Der of fraudulent entries. Commissioner
Sparks believes the decision will have bene-
fetal results and Secretary Lamar had pre-
vously decided in the case of John w.
Hoffman in the Aberdeen, OAK. district,
in proceeding against an entry on a
special agents report, that the burden of
proof is on the government and such report
is not competent evidence to be considered
on final Judgment. Secretary Lamar has
| made decision that must be
| OF GREAT INTEREST IN MINNESOTA
| in the case of Anderson vs. Anderson.
coming from the land office at Redwood
Falls.
| May IL, 1869 Anderson filed a declaratory
| statement, for quarter section, near Red
wood Falls, MIMI. alleging settlement April
~, the same year. On July 3, 1873 he made
timber culture entry for the same tract and
surrendered his declaratory statement re-
ceipt though it does not appear that the fl
ing was ever Cancelled. On April ID, 1880 he
relinquished his timber culture entry and on
May II, following made a homestead entry
for the tract On Aug. II, 1883 Charley An
derson filed an affidavit of contest against
said entry alleging abandonment At the
hearing the contestant appeared personally
| aud by counsel. The contestee was repre-
sented by an attorney. The testimony dis
closed The following facts. That the
testee settled on this tract some two or twelve
years prior to the contestant, continued his
residence there with his family until about
Feb. g. 1882 at which date he was arrested,
charged with the murder OF his wife, and
taken from his homestead to the Kenvill
Jail; that he was convicted on said charge
and IN May 1888
COMM tTTED TO THE PENITENTIARY
at Stillwate Mimi, for life; that his family
consisted Of sever children, one of whom is
the contestant herein and that four of the
children were minors: that the improvements
consisted of a house worth 5000. good gIo-
Gerry and WELL 100 acres plowed, siyty-fve
acres in crop, eight Or nine acres fenced for
pasture and grove of trees covering from
ten to thirteen acres; that the claimant had
a supply of farming machinery, q conSidera-
bic number Of live stock aad other personal
property; that after the arrest of the con-
| testee the children one by one left the home
stead, finding homes elsew here; that in De-
cember, 1882. Charles Anderson, the last one
remaining, left the land. The testimony
further shows that the claimant in January,
1858, while under arrest, but prior to convie-
| ton, executed q lease of said premises to one
| John Mcintosh, then jailer and deputy sheriff
at Kenvie, fer the term of two years from
| March l, 1883, with power to sublet, in con-
! sideratiun of which the lessee agreed to keep
| the growing timber protected from fire and
| the buildings from being destroyed: that Nc
| Intosh sublet the full term to one Henry Smith
who either personally or by sub-tenant pro-
| tected the property and cultivated the land
up to date of hearing. 1t is further shown
that the claimant believed he could best
| secure the homestead for all of his children
| by making the lease as above stated On this
state of facts the local officers dismissed the
| contest and Commissioner Sparks affirmed
| their action.
MR.. LAMAR SAYS:
"Whiie it is true that residence under the
homestead law must be continuous and per-
| sona it also true that residence once estab-
| iShed and changed only when the act and in
| tenticn OF the settler unite to effect such q
| change. Anderson had lived on this tract for
| many years and up to the date of his arrest
| had complied with the requirements of the
! law as to residence and cultivation. His
| absence from the land siuce that date is
| judicial cempulSion which would certainly be
| valid excuse for temporary absence
| (Bohall VS.. Dilla, ia United States Al | am
| therefore of the opinion that the claimant S
| absence from the land under imprisonment
| for life does not constitute abandonment
| under the homestead law"