Omaha daily bee., 1889-06-16

man presented his contest affidavit against
the entry of Barnes, which was rejected by
the local officers because of the relinquish-
ment of Barnes. Hoffman then made appli-
cation for homestead entry for the lands,
but the application was refused because of
the pendency of the soldiers additional APP
plication Of Emerson and Tomiinson. On
appeal by Hoffman the general land Office al
lowed Barnes to locate the additional appli-
cation of Emerson for 100 acres and rejected
the additional application of Tomlnson be-
cause it was not signed by the latter. BY
this decision Hoffman's application to
held that his application to enter
should have been allowed as to that portion
OF the land left unapproprated after Barnes
had made his selection Barnes, ON Novem-
Der II, 1885, asked for u reversal Of the de-
cision of the general land oiiice in relation to-
the rejection of Tomlinson's additional home
stead entry. THIS motion was denied Janu-s
ary IA, 1887 From this decision the appeal
is taken. Assistant Secretary Chandler re-,
views the case at length and orders hear
ing before the local land officers, when the,
facts in relation to the various applications
of the parties can be fully Inquired into and
their rights regarding the lands in contro-
versy etermined.
In the case of James McCampbell VS. the,
heirs of John Welsh, involving the timber
culture entry of John Welch, involving the
northwest Il section s. township 20, north
range Ia west, Niobrara land district. Ne
braska, appealed from the decision of thei
general land ofiee holding LANDS for cancela-s
tion taken by tho heirs of the entryman,
Welch, Assistant Secretary Chandler fndss
that the testimony IN support OF the allega-
ton OF contest comprised that of Campbell
and two witnesses, and was to the effect
that the breaking done on thet
land did not amount TO ten acres,.
while In support OF the entry the widow of
the countryman testified that her husband,
during 1876. had broken tho tract for ten
acres and cropped it TO wheat. This Is cor
roborated by another witness. The evidence,
shows that about n year before the con-
testant filed his affidavit the countryman'si
sons had planted the requisite number OF cut
same had continued to grow until the con-
testant had plouehed them under. The de-
cision appealed from is reversed The entry
still remains uncancelled of record.
In the appeal of John Austin from the de-
cision of tho general land office. holding for
cancellation his homestead eutry OF the east
u Of the northwest a and lots and g sec
tion lS, township IL, north range 49, West
North Platte, Neb., and for which Austin,
made homestead entry on july Z, 1884, fort
which Florence III. Kendall inflated contestt
against tho same on March IS 15S5, and I'M
which, in corroboration afndayit, tho con-
testant alleges that Austin has wholly
abandoned said tract, that said tract is not,
settled upon and cultivated, as required byF
law and that he has never established "a res
idence on the tract. Assistant Secretary
Chandler finds that the entryman Gid not,
comply with the provisions of the homestead
law in the matter of resIdeuce, and, there
fore afirms the decision of the commissioners
of the general land office