The L'Anse sentinel. (L'Anse, L.S., Mich.) 18??-current, 1891-05-23
Land Decision.
First Assistant Secretary Chand

to Commissioner Carter, April 3, 1891.
I have considered the appeal of
Frank d. Goodale from your Office de-
cision dated September 80, 1889, revok-
ing that Of August II, 1889, ordering q
hearing and rejecting his application
to contest homestead entry OF James
Olney for E. ! Of s. T.. I. Sec. 18, T 33
s., r. 63 W., Pueblo Colorado.
The record shows that Jane, Olney
applied to enter the tract in dispute to-
gether with adjoining land on July l.,
1885. His application was rejecte by
the local officers because the tractapplied
for was embraced in the derivative
claim of Thomas Leitensdorfer under
the Vigil and st. Vrain grant.
Olney appealed to your office from the
decision of the local officers rejecting
his application for homestead entry, and
on May 6, 1887, you reversed the find
ing OF the local officers, and directed
them to allow his entry. Accordingly,
he made entry for the tract May %, 1887
On August 81, 1883, the register and
receiver forwarded to your Office the
application OF Frank ID. Goodale to
contest said entry SO far as the E !
of s. E. t Sec. 18 is concerned. 1t is
stated in the application that Goodale
"came into possession of said land" on
or about the 18th OF February, 1886,
and that he resided thereon ever since
May, 1886, and has improvements valued
at 81, 200; that said Olney never resided
upon the tract before May, 1887, etc.
Upon this application hearing was
ordered August II, 1899, but on Sept.
ID, following, and before the hearing had
taken place. You revoked the order Of
August II, and refused to order q
hearing.
From this decision an appeal has
been taken to this department.
As shown by the record, Olney's ap-
plication to enter the tract in dispute
July l, 1885, was regular and legal, and
vas pending in your Office in May, 1886
when Goodale began his residence upon
the land.
1t is true that Olney was not premit-
ted to enter the tract until May, 1887,
yet his application, made in 1885, was
equivalent to an actual entry, SO far as
his rights were concerned. and with
drew the land embraced therein from
my other disposition until final action
thereon. Pfaff VS.. Williams ct. al,
L. D., 455; IS G. L. O., 3s; J. B. Rice,
IL l.. D.. 213.)
On January 25, 1886. Goodale applied
to make homestead entry of the land in
question, This was rejected; yet, dur
ng the following May, he began. his re-
silence o, the tract. He was charged
with knowledge Of the pending applioa-
on of Olney at the time, and his i'm
provements were made Notwithstanding
this knowledge. The only claim made
in his application for hearing is that
he made actual settlement upon the
land in 1886, and that Olney did not
begin residence there until 1887. In
the face OF the records Of your office
showing that Olney rendered the neces-
sary fees and made all necessary affi
davits when he applied to enter the
land in 1885, this showing is not suflici.
ent to warrant you in ordering hear.
ing. Olney was not bound to reside
upon the land after the local officers
had rejected his application, pending
final action thereon in you Office. If
an applicant were required to reside on
the land. embraced in his application
pending final decision thereon, he
would, in case OF an adverse decision,
lose his labor aud improvements placed
thereon.
I am of the opinion that it was O wise
use Of your discretion to refuse to order
hearing on thu showing made by
Go dale. Your judgement is accord
ingly affirmed.