Omaha daily bee., 1889-10-31
JUSTICE BEFORE RED TAPE.
Croft Sets tho Spirit Above the Let
ter of the Law.
THE CAMPAIGN IN VIRGINIA.
Doodle the Slogan OF the Bourbon
Captain Thomas Monitors-Stin
Waiting for rniontana-Strict
Washington Laws.
q WASHINGTON BUREAU THE OMAHA BEE, |
5l3 FOURTEENTH STREET,
w suINGrnN ID q Oct 20

IT r
WASHINGTON, ID. c., Oct, 30.
Laud Commissioner Croft made another
decision to-day based upon principle which
is intended to make the commissioner and
the policy of the interior department popular.
The intent of the settler is given consider
alton along with the settlers actual accom-
plishments.
Good faith is a strong argument on the
part of the settler.
The decision is in the homestead entry
contest of John L. Anderson VS. Mary Mey-
ers, including the southwest quarter Of sec
tion three, township thirty, range fourteen,
west, Niobrara land district.
The decision of the local officers holding
the entry for cancellation on the ground that
the defendant had abandoned her claim, is
reversed.
Mary Meyers made the entry November
10, 1882, and June II, 1887, Anderson filed his
contest, alleging that the defendant had
changed her residence from the land.
Commissioner Croft saws in his decision,
which is quite lengthy: 1T was proved and
admitted by the claimant that from Decem-
ber IS, 1886. to June IL, 1887, she was not
living on the land, and the question pre-
sented for my consideration Is, upon the
showing made, has the claimant by such alb
sence forfeited her entryl
'Her good faith in making the entry and
in what she has done upon the claim is
very important element and indispensable.
"ro determine this 1t is necessary to in
quire into all the circumstances. The testi-
mony shows that the claimant is unmarried
aud that she was poor. She borrowed the
money to go west and at the time of entry
she had but Sl5 She at first built sod
house on the land IN the fall of 1889. In 1888
she succeeded in building second and better
house. She has also built a frame barn.
dug well and cellar and has about forty
acres OF the land under cultivation. The
improvements cost about $500. The claim
ant was in poor health and not able to per-
form much labor. Two reputable physicians
certify on oath that she had heart disease
and her nervous system was broken down.
They further certify that it was unsafe for
her to live alone upon her claim. She was
not able to earn wages and support herself.
She borrowed $50 of neighbor to clothe
herself. Her brother lived about one mile
away and she spent great portion of her
time with him, doing such housework as she
could. On the 26th Of December, 1856, she
went to a married sister, who lived at Aims
while here she was under a doctors
care. She returned to her brother in
February, 1887, and went to her claim a few
times in May following, but she was not
SumClently recovered TO resume ner resi-
dence on the land 1t is clear that in conse-
quepce of sickness and poverty she has been
obliged to be away great deal Of the time
and am satisfied that she has lived on the
claim as continuously as she was able and as
much as was consistent with prudence and
safety.
"The law does not require that life and
health should be sacrificed to maintain a
residence.
SIT incidentally appears in the testimony
that the defendant had been offered 81, 200 for
her claim and refused to take it. There is
not a particle of evidence to show that she at
any time intended to abandon her claim.
Her improvements and her struggle with
poverty and with ill health shows her entire
good faith, and l think she has shown q suf-
ticent excuse for her absence"
The decision Is reversed and Miss Meyers
entry is held intact.
THE VIRGINIA CAMPAIGN.
1t will be disappointment to many people
here and in Virginia If there are not serious
collisions at the polls In the Ola Dominion OF
next Tuesday, election day.
The bourbons have contrived by every
trick to keep the negroes from being regis
tered and there are subpGnas in the hands
of the officers in almost every county in the
state, directing the arrest of registrars who
have either refused to permit negroes to
register or who have stricken their names
from the list after they were properly regis
tered.
General Malone has arranged to have reg
istrars at the polls on election day who will
take the names of voters.
A number of men IN Washington will go
into Virginia on Monday and Monday night
to see the close OF the campaign and will re-
main till Tuesday to witness the voting.
A message was received to-day from Rich
mond in which it is stated by democrat
that Senator Joseph Barbour, the old chair
man of the state democratic committee, gave
the democrats to understand from the start
that this was to be Doodle campaign. Chair
man Gordon has contributed most generously
to the campaign fund. 1t Is understood that
he has already given as much as $4,000.
Richmond has sent $1,000 or $4,000
to the state committee. Lynchburg
and other cities have done almost as well
as Richmond, but the cry still comes for
more. Mr., Barbour came to Richmond yes
terday afternoon, and after private confer
ence with two or three leading politicians ac-
cepted an invitation to tea at Mayor Ely
sons There he met number of wealthy
citizens, and as the party did not break up
until a late hour II is supposed that the stu
tion was fully discussed and the need of more
money explained. MIR. Barbour, it is upder-
stood, spoke very gratefully of the contflou-
tions he had received in New York, but he
said the committee had better have too much
than to little.
CAPTAIN THOMAS MONITORS.
A pleasant social affair in the shape of an
exquisite luncheon was given at the Riggs
house to-day by the Hon. John H. Thomas,
of Illinois, to Rear Admiral Viel, OF the
Chilian navy; Lieutenant Beugaucy, Of the
Chilian navy, his aide-de de camp; Rear
Admiral Worden, United States navy; Com
modore Theodore d. Wilson, chief con-
structor of the United States navy: General
John w. Foster, ex-mInister to Russia,
Spain and Mexico; Colonel j. N. Barr,
superintendent, etc, of the Chicago Mil
waukee g. st. Paul railroad; Captain j. ii.
Macdonald, of New York; Major John
Carson, of the Philadelphia Ledger; Perry
S. Heath Of The BEE; Linson De Forrest
Jennings, Of New York, and General George
Williams of this city.
The occasion was taken advantage of by
the gentlemen present to make an ihspec-
ton of the plans of Mr.. Thomas for
armored cruising monitors of his design. 1t
is the intention OF the Chllian government TO
construct two new war vessels IN the imme-
diate future, and the plans of Captain
Thomas were considered by the representa-.
tyes OF that country present with the view
OF their adoption. The designs met with
hearty and well merited Communications,
the practical men present complimenting
Captain Thomas on having brought about a
revolution in naval construction.
Their marked superiority in structural
strength, defensive power increased speed
and economy OF fuel was admitted and all
congratulated Captain Thomas on the sue
cess OF his endeavor To improve the present
modes OF building vessels of war. Our gov
ernment is fortunate in the fact that the
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