The L'Anse sentinel. (L'Anse, L.S., Mich.) 18??-current, 1891-09-05
SCRIP KNOCKED OUT.
THE CAMERON VS.. ARENDT CASE DECIDED
IN FAVOR OF CAMERON.

from Britton g. Gray, attorneys for the
settlers against the scrip locations on
the Ontonagon grant, stating that the
commissioner had decided the Cameron
VS.. Arendt case favorably to the set
tiers, and that the other cases would
follow soon. AS the decision covers
the case fully, and settles some import
ant disputed questions relating to the
indemnity lands, one of which is that
settlement between Aug. Is and Oct
10, 1887, takes precedence of any prior
applications, we give it in full:
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
WASHINGTON, d. G. Aug. 81, 1891.
Peter Cameron,
Homestead Applicant) and
Grant A Lee,
1 (Contestant) VS..
| John Arendt,
Soldiers Additional Homestead APP
plicant.)
Involving Ell SCI of Sec. Is, and NWl
NW4 Of Sec. "a, Il. AZ N. r.. 40 w.
Register and Receivel, Marquette,
Michigan:
GENTLEMEN September 13, 1890,
counsel for plaintiff filed in this Office q
motion for review OF my decision rend-
cred in the above entitled case by let
ter "H," August IA. 1890, affirming the
decision of your Office adverse to said
plaintiffs.
The following brief statement OF
facts is essential to disposition of the
motion: On June Is, 1882, this Office,
in accordance with the then existing re-
gulaticns as authorized Ivy official cir
cular issued May II, 1877, certified
"that John Arendt who made original
homestead entry No. 109, mt Hender-
son, Minnesota, dated Jan. 20, 1868,
containing forty and 25-10O acres is en-
titled to an additional homestead entry
oil not exceeding one hundred and nine
teen and 75-1O0 acres, as provided In
Section 2,306 Rev Stats United
States" June 6, 1884, one John w.
Fordney, acting under power of attor.
ney from Arendt, presented ut the local
land office the above certificate of scrip
together with an application to enter
the land above described, accompany
ing such application with tender of the
requisite fees. The local officers of tho
same date rejected the application for
the reason that the land applied for
was part of an o Id section within the
indemnity limits of the Marquette 81
Ontoragon railroad grant (Act March 3
1869 withdrawn April 2S, 1865, and
continued for Houghton & Ontonagon
railro d by office letter "F," May 1,
1871, such rejection being endorsed up
on the application. Arendt duly per-
fected an appeal from the action of the
local officers rejecting his application
to enter, all the papers in relation
/ thereto, including his application and
certificate heretofore mentioned, beng
transmitted to this office for considera-
ton, August l, 1884. Pending action
on Arendt's appeal TO wit: On August
15. 1887. by order of the honorable sec
retary of the Interior t6 l.. L., 92) the
orders of withdrawal for railroad pur-
poses heretof IRE referred to were re-
voked and the land in question opened
to settlement, but the order of revoch-
tion contained direction that filling
and entries of the lands embraced there
| ii Sutil lob bS ItCtiNtO uuttt ttbtI xiv
ing notice of the same by public adyer-
t,sement for period of 80 DAYS, it be,
ing the intention of this order that, as
against actual settlement hereafter
made, the orders of the department
Withdrawing said lands shall no longer
be an obstac e." In pursuance of this
latter direction, notice was duly pub
lished, fixing October 10. 1887, as the
first day upon which entries and filings
would be received. In the meantime
to-wit On August 23, 1887, Peter
Cameron made homestead application
for the Sci of said Sec. Is, with ten
der of fees, which application was re-.
iected by the local officers by reason of
the fact that the land was then still re-
served from entry. From the action OF
the local officers Cameron duly appeal
ed, August 27, 1887. On October 10,
1887, Arendt, by his attorney in fact,
Fordney, renewed his application to
enter ut the local Office, making therein
special reference to his former applica-
ton and appeal then pending; and two
days later. October II, 1887, Cameron
again made application to enter the
land described in his original applica-
tiop, mt the same time alleging settle
ment thereon September 3, 1887.
These second applications of Arendt
and Cameron appear to have been re-
ceived by the local officers and trans
mitted to this office without action, and
subsequently, by letter a." January
10, 1889, all the applications relating
to the land in question were returned
to the local Office and a hearing ordered
to determine tho rights of the respec
tive applicants. In pursuance of the
above order, hearing was duly had be.
J tween Cameron and Arendt, at which
hearing Cameron appeared in person
and by counsel, and Arendt by counsel
only.
} Cameron offered the testimony of him
self and one witness to the effect thai
} he settled upon the land embraced in
} his application September 1, 1887
built thereon log cabin, 12x14 feet
> with pole and brush roof, cleared tlree
, fourths of an acre OF ground, ana there
: after continued to occupy the cabin q
' intervals, at least, until date of bear
: ing.
THO np'- w't-n-- ocfered ON behalf n