Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-07-31
THE COOPER CASE.
UNITED STATES LAND OFFIcE,)
Santa Re. y. NJ

UNITED STATES LAND OFFIcE,)
Santa Re, n. Ms
Joint Report and Opinion of Register ana
Receiver in the case OF United States
VS.. james L. Cooper, involving pre-.
emption declaratory statement for n. ".
Il sec. "a, tp. Is H., r. lie.
STATEMENT OF THE CASE.
This hearing was ordered by the Hon.
commissioner letter "P," Of February
IS, 1888, and was set to take place before
this Office July %, 1883, at which time
all the parties interested being present,
the hearing was duly held.
The plat of the township embracing the
land involved was filed in this office No
vember Z, 1888.
On May l6, 1885, James f. Cooper
filled his presumption declaratory state
ment No, l, 654 for ". =, n. W. a, sec.
81, tp. IS H., r. II e., which was amended
per Hon. Commissioners q Of April 10,
1887, to embrace the n. W. y, of said sec
ton, township and range, alleging settle
ment April Is, 1885.
! SUMMARY OF THE TESTIMONY.
In behalf OF the United States, Walter
!
| land office, testifes that he made q personal
examination Of this claim on or about
December lG, 1887, and found thereon "a
rough board cabin, which showed no evil
dence whatever OF occupation, or OF ever
having been occupied" There were no
outbuildings, "no well or cistern," and
the building contained no household
goods, and was closed up. "a part Of the
land embraced within the lines of this
claim was surrounded by fence, which
surrounded also and incosed lands with
in the lines OF certain other claims. A
large amount Of timber had been taken
from this inclosed tract and other por-
tons OF the same tract, and cut and sawed
by the Cooper Lumber q Timber COM
pany, whose mill is located near the land
in question. The lumber made from said
timber vas sold by said company in differ
ent parts of the territory, an insignificant
portion of the same having been used
upon the tract in question" Upon cross
examination Nirden testifies further that
he estimated that about $50 900 feet OF lum-
Der had been cut from the land in
question, and that "the presence of the
saw mill and the fact that it was operated
and run by John W. and James f.
Cooper was sufficient evidence as to who
did the cutting. The fact that very
small portion had been used upon the l
land in question, and that very large
quantities OF lumber had been shipped by
said Coopers over the A., II. & S. f. rail
road was sufficient evidence as to the
purpose for which the timber was cut"
About 900 feet OF the lumber had been
used in the construction of cheap cabin,
while about $1,000 feet, and may be
more, of rough and refuse lumber known
rs ''culls" had been used in the construc-
ton of the fence. "On certain piece
OF flat or mesa (tablel land inclosed
within this claim quantity of trees had
been cut and the stumps left upon the
land, and oats sowed upon it," The oats
had been taken from the land. About
fifteen acres within this common in
closure was included within the limits OF
the tract in question. About fifteen acres
OF the land had been roughly plowed; the
indications being that the land had been
broken once and oats or other grain
sown broadcast upon it. Saw no
evidences OF any tame grasses
or other crops than the grain
". IL NdS ia LIlc uttu VI VIII
ter" and there was considerable snow on
the ground Mt the time OF the examine
ton. About the whole of the fifteen acres
inclosed on the tract had been cultivated
THE evidences were, judging from the
fact that this was common Enclosure,
taking in portions of two adjoining claims
owned by the two children of John W.
Cooper, and from the additional fact that
the grain alleged to have been raised upon
this and adjoining tracts referred to was
for common feed purposes, to be used by
teams owned by the Cooper Lumber Co.,
that this fence had been built and the |
land cultivated by said company. James |
+. Cooper was living at the time OF the
December II, 1887, with |
his brother, John W. Cooper, who resided
on adjoining land.
Walter j. Davis, in behalf OF the United
States, testties that he was employed as
assistant by Timber Agent Virden and
made an investigation Of the tract in
December, 1887, retracing the lines on
three sides Of the claim. The improve
ments on the land consisted of small
frame cabin in the extreme northwest
corner OF the claim, and a fence of some
kind inside the claim, but not inclosing
any land entirely within the claim. The
cabin was not inhabited at the time,
and bore no signs of previous occupancy. |
Looking through crevice in the plank |
ing, could see no signs OF household goods
within. Upon-cross examination describes |
the house on the land as one story |
house about 12x12 feet and 10 feet from |
floor to caves, built Of upright pieces of
lumber" and having a roof and door.
The house had the appearance Of new
ness. The land inside OF the fence ap- |
peared to have been plowed up in a care
less way. The fenced land was near the
northern line of the tract. There was
snow on the ground at time Of the exam
nation, but the ground within the inclo-
sure was not entirely covered. 1t was diff
fcult to tell just how much ofthe land had
been cultivated About twelve or fifteen
acres of the land was fenced-very poorly
fenced. Fence composed principally of
brush, with occasional pieces Of refuse
lumber. Part Of the fence might have
been post and plank fence; not certain
that any OF it was brush, but strongly i'm.
pressed with the idea that it was. Timber
had been cut generally over the claim, and
the cutting was not at all confined to the
smoother portions or to other inclosed
land.
Jack Rauss, another government wit
ness, testifies that he knows the claim
commonly known as James f. Cooper's,
but does not know where all the lines run.
The Improvements consist OF one field, all
thrown together, embracing three claims,
as he understands it. There is small
house on the claim, DOLLHOUSE, either
l2xl4 or 12xlG feet, made OF rough lum-
Der on the outside and finished with
dressed lumber on the inside. Has door,
glass window and stove. Does not know
whether Mr.. Cooper lives in the house or
not. There is bedding in it. Passed the
house probably as often as once week
never saw Mr.. Cooper there. lanes +,