Wichita eagle. [volume] (Wichita, Kan.) 1886-1890, 1888-05-06
CAPITAL BUDGET.
ARKANSAS LAND DECISION

WASHINGTON. May 5.-The secretary of
the interior today rendered a decision in a
Kansas land contest case which has been
pending for nearly ten years, and which
has been twice passed upon by the general
land Office, once by Commissioner McFar-
land in 1888 and once by Commissioner
Sparks in 1856.
The case is that of William E. Boehme
VS. William G. Hays, involving the pre-
emption right to lots l and 2, and the east
half of the northwest quarter of section 81,
township "a south, range - west, Larned
land district. 1t appears from the record
that Hays settled upon the tract in 1877,
filing declaratory statement at that time
In 1879 Boehme filed a declaratory state
ment for the same tract and initiated
contest against Hays, alleging abandon
ment and that Hays filing was fraud
ulent in that it had not been made at the
date of Boehme's settlement. A hearing
was had, and the case finally reached the
general land office. Commissioner Nc
Farland awarded the land to Hays, the
evidence showing that he had settled first
upon the land and that his absence had
been due to the long and serious illness of
his wife; that he had eventually returned
20 the land and found Boehme in posses
sion, and that the matter was taken to the
district court and Hays was awarded
possession HAYS was allowed to make
proof before the local land officers in 1888,
and this was transmitted to the general
land Office accompanied by an application
of Boehme to transmute his filing to
cash entry and his appeal from its rejec-
ton by the Larned Office.
After this decision Hays tried to re-es-
tablish his residence, but Boehme refused
to paf ha evidence : bp
annoyed Hays to such an extent that the
latter was prevented from remaining on
the land. Boehme then demonstrated that
since the trial Hays had failed to comply
with the law and asked for a rehearing.
This was ordered by Commissioner Nc
Farland. In accordance with this order
the local Office gave the case a rehearing,
and found that Hays did not comply
with the requirements of the presumption
law from the time he got notice of the for
mer decision and that his filing
should be cancelled and his proof re
jected."
Boehme's proof was then accepted and
his cash entry allowed. From this action
Hays appealed, and in 1856 Mr.. Sparks,
then commissioner of the general land
office affirmed the finding of the local
Office and held the appellants filing and
entry for cancellation. A further appeal
TO the secretary of the interior was taken,
and Mr.. Villas today reversed the decision
of Commissioner Sparks and sustains
Hays cash entry. In concluding the de-
cision Secretary Villas says: THE first de-
cision (by Commissioner McFarland) was
n final adjudication of the matters in
volved in the contest, and Boehme's status
in the case was thereby practically
established as that of a mere tres
passor, who at the date of the first trial
had acquired no rights as against those of
claimant and If was his dutv in Obedi-
ence to the mandate of the department, to
have surrendered to claimant, upon notice
of said decision, quiet and peaceable pos
session at least of all his Improvements on
the land. This he not only failed but alb
solutely refused to do, and he cannot now
be held to have acquired. by reason of his
own wrong, any greater rights in the
premises than he had at the date of said
first trial"
Boehme's application to transmute his
entry is, therefore, rejected and his filing
cancelled