Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1888-06-08
NEBRASKA NEWS NOTES.
All About the Great State as Cleaned
by Correspondence and
Otherwise.
Some l.; nj Law.

N
eastern part of the state hold timber claims
in the west. it may be interesting for them
,o know something of the construction put
mon the timber laws OF the United States
Inv the present administration. The pro-
visions of the law are as follows:
"'Il,n party nnkin. an entry of u quarter sec
ion under the provisions of this act shnll be re,
,,uifed to break nlow five ncres cove ell
thereby the first year, five acres the second
vcnr and to cultivate to crop or otherwise tho
i've as.res broken plowed tho first year. The
third wear he or she shall cultivate TO crop or
o;herw Use the five acres broken the second yeur,
and to plant in timber, seeds or cuttings the
five acres first plowed or broken, and to cu!ti-
waite and put i'll crop or otherwise the remaining
live acres; provided that in case such trees,
seeds or cuttings shall be destroyed by grass
hoppers OF by extreme and unusual drouth for
any wear terun of ears, the time for planting
such trees, seeds or cuttings shall be extended
stroyed. Provided, further, that the persons
making such entry shall before he or she shall
be entitled to such extention of time file with
the register and the receiver of the proper land
office an affidavit colrobornted by two wit
nesses, setting forth the destruction Of such
trees and that, in consequence of such destruc-
of time in accordance with the provisions OF
this act; and provided further, that no final
certificate shall I've given or patent issued for
the land so entered, until the expiration of eight
years from the date of such entry; and it, at
TIL" expiration OF such time or at any time
within five years thereafter, the person making
such entry, or, If he she DE dead his OF her
heirs or legal representatives shall prove by two
creditnble witnesses that he or she or they have
planted, and, for not less than eight'years have
cultivated and protected such quantity and
character of trees as aforesaid that not less
than 700 trees were planted on each acre. and
that at the time of making proof there shall BIO
then growing AT enst CTS living and thrifty trees
to each ncre, they shall receive patent for such
tract of land
All of the rulings made by the general
land office prior to the present administra-
ton have construed the above law to mean
that the preparation of the land and plant
ing of trees are acts of cultivation, aud the
time actually so employed should be COM
puted as part of the eight years required
in timber culture cases. and that final
proof could be made at any time after
eight years from date OF entry. Under
such rulings. which we think is the only
fair and reasonable construction which can
be put upon the language used in the law,
hundreds of timber culture claimants in
Nebraska and thousands throughout the
United States have made proof and are
resting secure in the belief that their title
for the lands is perfect. But now comes
the Hon. Secretary Villas and CONSTITUTES the
law to mean that there must be eight year s
actual cultivation of the trees planted and
that no proof can be made under the tim
Der culture laws until the expiration of
eight wears from the time tho trees are all
planted and applies the rule to proofs
which are now in Washington awaiting ap-
proyal by the commissioner.
Tho Cattle We're Abbott's.
For several days there has been a most
interesting and important case on trial in
the district court, ut Omaha, in which WIS
involved over $4,000. The plaintiff, the
| Citizens State bank, claimed that they had IA
valid mortgage on n lot Of cattle belonging
10 Greenameyer. we'll known stock dealer
at that place. Greenameyer claimed that
he WAS buying cattle from Mr.. Abbott, in
the eastern part of the state, and in order
Ito meet drafts made by Abbott ne would
secure the bank by mortgages on the
cattle. Then making the sales he would
pay off these mortgages, and thus the bust
ness was conducted until the crash came
and the bank found itself in danger OF los
ing the $4,000 unless it hungto the cattle.
Greenameyer was the main witness for the
bank and braced their case up as stoutly as
possible. On the other hand Mr.. Abbott
claimed that the cattle were sent to Omaha
to be sold by Greenameyer on commission;
that he never sold the cattle directly to
him, and never parted with the ownership;
that Greenameyer had simply an interest
in the profits. 1t has further claimed that
the bank had reason to believe that Abbott
had an interest at least in the cattle and
that it should have informed itself as to the
real ownership before taking the mortgage.
Witnesses were introduced TO show that
Greenameyer had admitted right along that
the cattle belonged to Abbott. 1t was also
shown that Abbott always came to that
place to see after the sales himself and
watch matters. which would hardly have
been the case had Greenameyer bought the
cattle outright. The jury returned Il YER
dict for Mr.. Abbott, giving him the full
$4,000.