Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1888-03-22
LANo DECISIONS.
The Secretary OF tho Interior Makes
Number of Decisions i'm REGARD TO Land

The Secretary OF tho Interior Makes .
Number of Decisions in Resar TO Land
Entries
WASHINGTON, March 1.-THE Secretary
of the Inferior yesterday rendered a decis-
ion n the case OF CHRISTIAN Hahn, iDvolv-
ing the presumption right 10 the northwest
quarter OF section %, TOW n4hip 6. south,
range 20 west, OberlIn (Aan.) land dis
trlct-
The Secretary afirms the decision of the
Commissioner of The General Land Office,
rendered in April, 1886. holdirg for cancel
laJion the claimants presumption fling, on
the ground that he was not qualified o
make such entry, having moved from land
of his own to the land In controversy. His
temporary sojourn for less than a month at
the residence OF o neighoor is held not 10
constitute 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
A. W. Snow. involving the right TO tho
| southeast quarter OF section 8. township II.
range % Wakeeny (Kan.) land district.
1t appears that Snow made the orig nal
homestead entry in 1879. and in 1885. Mar
tin initiated a contest charging ABANDON
ment of the claim. At tue subsequent
| hearing the contestee failed TO appear and
! the ioca. land office found for the contest
ant and recommended the cancellation OF
| Shows entry. Snow failed TO appeal, but
instead. led application to purchase the
land as a cash entry. The application was
allowed and the purchase was made. Mar
| tin appealed to the General Land Office,
| and the Comm ssioner decided the cash en-
| try invalid on the ground that an applica-
| 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.
|
in reviewing the case, says: ''AlthoIgh
Shows cash entry was improperly allowed,
because permitted while the contest WAS
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 tho
suspension of Shows cash entry TO give
Martin an opportunity to exercise the pre-
! ferred right of a successful contestant. If
| he fails to do so the cash entry will remain
intact; otherwise it will be cancelled.
The Secretary af1i ms the decision of the
| 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 the
provements, and 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 an actual
settler, with the qualifications of a pre-
emptor; but that no settlement can be
made with The intention OF proving up for
the benefit of another, to whom the ella M
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 heland 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, was actual settler.
The decis on of the General Land Office in
awarding the tracts in dispute TO Lee is
therefore affirmed.