Omaha daily bee., 1889-06-06
The Indian Commissioner Will Step
Down July /.
THE OMAHA PosToFFIcE SITE,
1t Will BE Settled Some Time This
Weck-Ex- Con gressman Thomas
Mentioned For Land Com
missioner.
WASHINGTON BUREAU, THE OMAHA BEE, !
bl3 FouRTEENra STREET,
WASHINGTON. d. c.. June ..

The BEE correspondent this afternoon:
"T intend to lay the report of Assist
ant Secretaries Bachelor and Tichenor
and myself, and also of Clerk Avery, on the
Omaha pablo building site before Secretary
Window on Thursday or Friday of this week,
and l have no doubt he will pass upon it
without delay Clerk Avery is in Washing
ton now. He has just returned from Omaha.
No further information is necessary to en-
able Secretary Window to take final action"
Mr.. Avery is now at work upon his report,
which is based upon information he obtained
on his recent visit to Omaha, and it is under
stood verdict has been reached, and that it
only lacks the official signature of Window
to make it final and official.
CLARKsoN CLEANING HOUSE.
The carpets were taken up in the private
Office of First Assistant Postmaster General
Clarkson, today, and it cost several hundred
appointments to fourth class postmasters.
There was a suspension of the appointments
at the time, and a great crowd congregated
around the Railways impatently viewing the
work of the carpet beaters. Postmasters
who want extra allowance for clerk hire and
for extra duties should make their applica-
tions Immediately, so that they can be con-
sidered in time to come in at the end of this
month, which finishes the present fiscal year.
PIXIES APPEAL.
Assistant Secretary of the Interior Chand
Ter has rendered decision in the appeal of
of Lobridge NJ Pike, from the decision of
the general land office, March 20 1885, in the
contest of Pike VS. Sidney S. Bradley, can
ceiling Pixies timber culture entry No. AS,
Sioux City series, for the north ~ of the
southeast 4 of section %, township SO north,
range az west. Des Moines land district and
reinstating Bradley's timber culture entry
No. 254, for the described tract. In Septem
ber, 1885, Bradley brought suit against John
H. Brokane to recover rents for the use and
occupancy of the tract described, and while
the suit was pending Pike interviewed and on
trial in the circuit court of O'Brien county,
Ia, Pixies testimony, and that of Brokane
and other witnesses was taken in Pixies be-
half, and upon this testimony the jury de-
clded In favor of Bradley. The assistant
secretary is satisfied that Bradley has been
imposed upon.
THE APPEAL CASE OF THE G. b. q.
In the appeal case of the Chicago, Burling-
ton s. Quincy Railroad company from the
decision of the commissioner of the general
land Office, Secretary of the Interior Noble
to-day ordered that the company's applca-
tions should be allowed and the list should be
submitted for approval as soon as practicable.
The commissioner of the general land office,
by letter of July 2S, 1888, transmitted the
testimony taken at the hearing had, in pur-
suance of the directions in the departmental
decision OF March 30, 1888, for certifcation
of the southwest 4 of the southeast 4 of
section Z, township II, north range % west,
and the northeast 4 of the southwest Il of
section II, township 70, north range 80 west,
Des MoineS, Ia, land district These tracts
were offered for sale IN 1850, and on Novem-
Der 23, 1854, Jeremiah Sheppard filed pre-
enption, declaratory statement for the south
west quarter of the southeast quarter of sec
tion 6, township II north, range twenty eight
west, together with other lands. On Octo
ber 4, 1854, Daniel Strickland filed a pre-
emption declaratory statement for the north
e fbn /, ,tar g
tion II, township 70 north. range 80. Final
proof has never been offered in either of
these filings, but they both remain upcan-
celled on record. The Chicago, Burlington
& Quincy Railroad company, as successors to
the Burlington & Missouri Railroad COM
pany, claims these tracts under the grant of
May Is. 1855, to the state of Iowa, and on
December II, 1873, applied to have them
certified. These lands fall within the grant
limits of SAID roads, as shown by map of
| definite location, April Z, 1857. The com
| missioner of the general land office,
in a letter of July 2l, 1884, held
| that the company must prove that these pre-
empton claims We're abandoned prior to the
| definite location Of its road before the tracts
could be approved for its benefit, they being
| within the six-mile limit of its grant The
company furnishes affidavits to meet these
| requirements. On March Il, 1886, the gen.
| eral land Office decided that these tracts
| could not under the rule of that office, be
| conveyed to the company, Notwithstanding
| tine evidence furnished of abandonment by
| the parties making the filings, prior to the
railroad grant. The tracts involved were, at
| the dates of the respective pre- emption fling,
subject to private entry, and proof in support
| of such filings should, under the law, have
| been submitted within twelve months after
settlement. This period had long expired
| before the definite location of the road. The
| secretary of the interior holds that under
| these circumstances the company was, under
! the practice then existing, required as a
| conditional precedent to the passing of title,
| to show that no pre-emption right to said
tracts existed at the date of the definite loca-
| tion of its road. This has been done to the
satisfaction of the office.
APPEALS FROM DECISIONS.
The land case of Carl Clark against j. f.
| Rawlings, on appeal from the latter from
| the decision of the commissioner of the gen
eral land Office of May % 1888, holding for
| cancellation the homestead entry of Raw
| irngs for the northeast quarter of section l3,
| township east north, range 20 west, Nc
| Cook, Neb., land district; the secretary of
| the interior to-day handed down a decision,
| in which he affirmed the decision of the gen
| eral land Office. Rawlings made "A home
stead entry for the tract in dispute on March
| %, 1884. and on September 10, 1884, made q
| communion proof before the local officers
| but he did not offer TO pay for the land, and
| his proof was not acted upon, but simply held
| by the local officers. On June II, 1855
| he filed an aiiidavit in the local Of
| ice, StdtllR luaI ne Hhu HOL uulll Iitd'
time been able to get the money, and asking
| that his said proofs be then considered and
| accepted, in order to save him tho expense OF
| readvertlsing in making new proof This
| the local officers declined to do, but on the
same day forwarded the proof to the genera
| land office. The commissioner refused tc
| render decision on the facts presented, and
| demanded additional information. Rawlings
| answered that he had not abandoned the land
as his home and had been absent nc
| more than his employment as engineer on q
railroad necessitated. Before the decision
| was rendered Clark instituted contest alleg
| ing abandonment and failure TO reside upor
the lands as required by law. The local lane
| officers decided in favor of the contestants
| and on appeal the general land office af-
| firmed the decision. The substance of The
specifications of error urged in the appea
from the decision of the commissioner is thai
the same is contrary 10 and not supported by
the evidence. Secretary Noble reviews Tho
case at length.
DANIEL GUERNsEY's CASE.
| FIRST Assistant Secretary of the Interior
Chandler to-day affirmed the decision of The
general land office in holding for cancella
ton the homestead entry of Daniel Guern
| soy for north half of northeast nuartar anf