The L'Anse sentinel. (L'Anse, L.S., Mich.) 18??-current, 1891-04-25
Another scrip Decision.

The following decision, recently pro-
mnlgated from the general land Off ce,
involving the NW4 Of SCI Sec. 81, TIP
AZ N r 40. shows pretty conclusively
that Acting Commissioner Stone is de-
termined to shut out. at all hazards,
any contest of scr p locations in this
district. It will be observed that in
this decision he does not even permit
the contestant to appeal from his de-
cl ion:
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
WAsHINGToN, ID. O., April IL, 1891.
Register and Receiuer, Marquette,
Mich.
GENTLEMEN June 6, 1884, Robert
Mum applied to make additional H. Z.
of the above described land under Sec.
260G, U. S. II. S. upon, and by virtue
of his rights as certified to him Feb. 2,
1888, by the Hon. N. @. Mcfarland,
then commissioner of the general land
Office. The application was refused for
the reason, that the land was within
the indemnity limits of the NJ. H. & o..
r. r. and Mum appealed.
Aug. !, 1884othe papers were trans
mitted to this Office and by Office letter
&C." Oct. s. 1888, were returned to
your Office Aug. Is, 1887, the land was
opened to settlement and entry, and on
Oct. 10, 1887, said application was re-
newed.
Oct. 13, 1887, said Charles McMurry.
presented his ID. S. for the WI NEt
and M Sci Sec. 81, T. At N. r. 40 w.
which conficted with Munn's applica-
ton to enter, as to the NWt SET of
said section 27.
March %, 1889, hearing was held
between the parties, and the right to
the land in dispute was awarded to
Mum and McMurry appealed. July 8,
1889, the papers were transmitted to
this Office.
BY letter of Nav "a, 1890, you for
warded McMurry's REIMBURSEMENT OF
all right to the W. NE4, and NEt Sci
of sa d Sec. 27, and by letter of Sept.
%, 1890, like relinquishment of the
NW4 Sch Sec. 27, was transmitted.
The case is therefore closed as he
tween said parties. There appears to
be no adverse claim to the land applied
for by Mum, so far as disclosed by the
records of this Office.
1t appears, however. that about Aug.
6. 1890, Fred. Dubois presented to you
his contest affidavit, in which it is
assumed that said Mum had made
soldiers additional H. E. of the NW4
SCI of said Sec. 27, being the same
land which was in controversy in the
case of McMurry VS.. Mum. He alleges
that he ais well acquainted with the
land embraced in the soldiers addition
al homestead scrip entry, in the name
of Robert Mum HI. e. No.-F. C.No.-
first made June q, 1884, for the land
above described, and knows the present
condition thereof. That said entry was
made with soldiers additional home
stead scrip that had been issued to said
Robert Mum, but was not made for the
benefit Of said Mum, but was made for
the benefit of one J. w. Fordney, act
ing for himself and others and that the
said Ford ey has purchased said scrip
and made said entry under the power
of attorney accompanying said scrip
that said Num- had parted with his in
terest in said scrip, before application
for said land was made by said Fordney
and has never had any interest what
ever in snid entry, or in the land en-
braced therein, and this the contestant
is ready to prove, etc. You hold the
affidavit insufficient. and rejected the
application to contest, from which an
appeal was filed, and by letter Of Sept.
Is, 1890, you transmitted the papers.
/ do not cons ider in necessary to go
into a lengthy argument to show that
the contest cannot be allowed. AL.
though the affidavit is framed on the
assumtion that an entry has been made,
yet il it were sufficient in other respects,
perhaps it might be allowed as q contest
against the right to make entry Of the
land. 1t is not pretended but what the
entry is to be made in the name OF
Mum, nor is il charged that such entry
cannot be made by his attorney, duty
authorized for that purpose. There is
nothing in the papers tending to show
TINT Dubois has any interest In the land
nor that he desired to enter or file for
it.
see no good reason why the entry
OF Mum should not be completed. l
dc not think this Office should authorize
or direct a hearing to be had to ascer-