The L'Anse sentinel. (L'Anse, L.S., Mich.) 18??-current, 1891-06-13
Land Decisions.

tho secretary OF the interior in the case
of William Papin vs.. Mahlon Mauger
and Frank w. Foote:
DEPARTMENT OF THE INTERIOR,
WASHINGTON ID. @. May IL, 1891.
Commissioner of the General Land
Office.
SIR.-I have considered the appeal
OF William Papin from your office de-
cision dated October 10, 1889, affirming
the finding of the local officers and le-
fusing to order hearing on his affida-
Wit anil application to enter under
the homestead law lots and and the
et of sw4 of sec 33 tip "a II 80 W,
Marquette, Michigan.
The record shows that on October 25,
1888, Mahlon Mauger made home
stead entry for the WI of nw4. set OF
sw4 and lot 4 of sec 33, tip "a m 80 W.
On the same day Frank w. Foote
made similar entry for the set of nw4
and net OF sw4 aud lot 3 same section,
township and range.
On July 3, 1889, William Papin fled
homestead application for the Ell of
sw4 and lots 3 and of said section,
township and range, and filed Herewith
his afti !avit, which stated substantially
that ha had continuously resided on,
cultivated and improved the lands ap-
piled for l,y him from the month of
January 1864 until October 1888, when
he with his wife, temporarily left the
same for the purpose of visiting sick
daughter; that he returned to his house
in January 1889, and found that Mauger
had removed his (afliant's) effects from
the house, and had lett man in charge
who refused afliant admission thereto;
that Foote had built q small house on
said improved land and was apparently
living therein; but that both Mauger
and Foote knew all the facts concern
ing his improvements and long residence
Oh the property and that he was only
absent from home temporarily. He
further states that in 1886 lie went to
the land Office at Marquette, to. make
entry of the land, but that the officials
there told him that the tract was
swamp land and not subject to home
stead entry. Again, in the spring of
1887, he heard that the land was sub
ject to homestead entry, and went to
Marquette to enter it. When he got
there he found that he did not know
the description, and therefore could not
make the entry. He further stated
that he went to the land office at Mar
quette in July 1888, but that he was
ignorant of land numbers, and not be-
ing able to describe it he could not
make the entry. 1t is shown that the
land in question is about one hundred
miles distant from the land office. It
is alleged, as reason why Papin never
made an entry of the land during the
long period of his residence thereon,
that the tract is within the 20 mile in
demnity limits of the grant under the
act of March 8, 1866, (13 States, 52O,)
for the benefit of the Marquette & On
tonagon Railroad company, and was,
byeyour Office letter Of April 2S, 1865,
reserved for the use of said company
and was not restored to settlement and
entry until October 10, 1887. Upon
investigation the records of your Office
show that these allegations are true.
The tract in quest on was surveyed |
land and within the indemnity limits of /
said railroad, but it was not affected by
the withdrawal for the reason that it
was settled upon and in the possession
of Papiu, pre- emption claimant.
Under authority of an act of congress
March 81, 1854, 40 Stats,
269, II. S. Sec. 221S, settlers on land
which had been or might be withdrawn
from market in consequence of propos-
ed railroads, were declared to be enti-
tied to pre- emption, at the ordinary
minimum price, to the land settled
upon and cultivation by them, provided
only that they should prove up their
right according to such rules and regu-
lations as might be prescribed by this
The department made no
to govern the action of such
settlers until February 10, 1870, Q. G.
l.. l.. p. 403.)
1t is provided in the second section
Of the. regulations then promulgated.
That where lands were surveyed at
the date of settlement, and are within
the lateral limits of withdrawal for rail-
road purposes, and such settlement was
made prior TO withdrawal, the settlers
will be required to file his declaratory
giving therein the date of
within three months from
the date of publication hereof by the
register and receiver, and thereafter
make proof and payment as required by !