The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1888-03-23
LAND DECISIONS.

Tho Secretary of the InteriOr Makes .
Number Of Decisions In Regard to Land
Entries.
WASHINGTON, March 14-The Secretary
Of the Interior yesterday rendered decis-
ion in the case OF Christian Hahn, iDvolv-
ing the presumption right 10 the northwest
quarter OF section 70, township Q. south,
range %, west, Oberlin (Kau.) land dis
trict.
The Secretary aflrms the decision Of the
Commissioner Of the General Land Office,
rendered in April, 1885, holding for cancel
lation the claimants presumption filing, on
the ground that he was not qualified 10
make such entry, having moved from land
Of his own to the land in controversy. His
temporary sojourn for less than month ut
the residence OF q neighbor is held not to
constitute a change OF residence from his
homestead entry.
Secretary Villas has modified the deci-
sion of the Commissioner Of the General
Land Office in the case of A. L. Martin VS..
A. w. Snow, involving the right to tho
| southeast quarter OF section 5, township IL,
range IS, Wakeeny (Kan) land district.
It appears that Snow made the original
homestead entry in 1871. and in 1855, Mar
tin initiated contest charging abandon
ment Of the claim. At the subsequent
hearing the contestee failed to appear and
the loca. land Office found for the contest
ant and recommended the cancellation Of
Shows entry. Snow failed to appeal, but
instead. died application to purchase tho
land as a cash entry. The application was
allowed ard the purchase was made. Mar
tin appealed to the General Land Office,
and the Commissioner decided the cash en-
ton to purchase can not be allowed after
contest had been initiated. He therefore
held both the homestead entry and the cash
entry for cancellation.
The Secretary OF the Interior, however,
in reviewing the case, says: although
Shows cash entry was improperly allowed,
pending, 1t does not appear that any objec-
ton to its allowance has been made by
Martin, the contestant, though notice Of
the appeal was made"
The Secretary, therefore, directs the
suspension Of Shows cash entry to give
Martin an opportunity to exercise the pre-
ferred right Of a successful contestant. II
he fails to do so the cash entry will remain
intact; otherwise it will he Cancelled.
The Secretary affirms the decision OF tho
General Land Office in the case of John w.
Booth vs.. William W. Lee, involving the
Usage cash entry for the southeast quarter
Of section s. township 30. south, range 5,
west, in the Wichita (kan.) land district.
The claim OF Booth was rejected for the
reason that he had not complied with tho
law either III respect to residence or i'm
provements, snd that circumstances indi-
cate that the claim was taken for his en-
ployer, Nye. 1t is held that the only pre-
requisite TO an entry of the Usage Indian
trust and diminished reserve lands in Kan
sas is that the purchaser shall be au'actual
settler, with the qualifications Of a pre-
cmptor; but that no settlement can DO
made with the intention Of proving up for
the benefit Of another, to whom the claim
ant has agreed to convey the land after
entry. 1t appears that while Booth was
qualified to make an entry of the lands. it
does not sufficiently appear that he was
ever an actual settler upon the land applied
for by him. His final proof was rejected
by the local land officers, and although he
appealed from their action, it does not ap-
pear that he maintained possession of the
land thereafter. or was an actual settler.
The decision of the General Land Office in
awarding the tracts in dispute to- Lee is
therefore affirmed.