The L'Anse sentinel. (L'Anse, L.S., Mich.) 18??-current, 1890-11-22

n i a.
Important Land Decision.
The case OF Gamble W Powell which
was decided at the Marquette land
oifice involves some points which viii
be Of interest to many claimants on the
o. ~ B. r. and M. h. g. o. railroad
grants. The decision is very lengthy
90 we will only give brief resume OF
the points involved.
The tract in question lies in the
granted limits OF the Ontonagon &
Brule River railroad. Powell iiled
pre-emption u. 8. Dec. 10, 1887, which
was rejected and an appeal taken to the
commissioner. The grant was forfeited
March Q. 1859. March 5, 1889, Gamble
made homestead application for . por-
tion Of the tract, which was rejected by
the register and receiver and an appeal
taken to the commissioner.
Feb. Is, 1890, the commissioner
affirmed both these decisions giving as
one Of his reasons that @they acquired
no rights by their applications made at
time when the lands we're not subject
to entry"
March ID, 1889, the commissioner
notified the local Office Of the passage
Of the act forfeiting the grant and re-
storing the lands to the public domain,
and directed them to give notice by
publication for thirty days that the
books Of the Office would be open for
entry Of the same under the pre-emption,
homestead and other laws relating to
unoffered lands. Acting under this di-
rection the register and receiver gave
notice that the books would be open for
entry May 1, 1889.
On May 1, 1889. both Powell and
Gamble renewed their applications,
Powell alleging settlement May 1, 1883.
Gamble did not claim any rights by
virtue of settlement. The evidence
discloses that Powell first settled on
the land in November or December
1857, remaining sbouttwo weeks. May
1. 1883, he went on the land again,
built temporary house and remained
there six weeks. In the fall Of the same
year hewas ON the land .wo weeks. He
established his residence upon the land
March &, 1889, and resided there
continuously mp TO the date Of offering
final proof. Gamble was on the land
two or three times but made no sub
stantial improvements and claims
nothing by virtue OF settlement.
Powell now offers final proof and
Gamble protests ON the grounds that
the register and receiver had no right
to suspend the operation of the act 81
March 2, 1889, by refusing to allow en-
tries on the forfeited lands until May 1,
1889, and they therefore erred in
rejecting his application Of March 8.
The register and receiver hold as
follows:
First, that neither claimants acquired
any rights by virtue Of applications
made at time when the lands were moi
subject to entry.
Second, by a renewed Of an applica'
tion to file on or enter lands previously
applied for, or by fling an application
for other lands, the party valves any
right he may have acquired by his pre-
vious application.
Third, Powell being the only settler
on the land May 1, 1889, (the date the
land was opened to entry) and having
complied with the law since. is entitled
to make proof and payment. The pro-
test Of Gamble should therefore bt
dismissed and his entry cancelled.
This decision is in accordance with
the rules and practice Of the depart
ment and will undoubtedly bo sustained
by the commissioner. If the same rules
had been applied in the scrip cases Of
Ontonsgon county the lands would have
been awarded the settlers instead Of the
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