The Black Hills union. [volume] (Rapid City, Pennington County, Dakota [S.D.]) 1889-1904, 1892-01-29
Land NtficH Business
The following letter from the land
commissioner wl!l.be OF interest to set
tiers in this section:

The following letter from the land
commissioner Willie OF interest to set
Tiers in this section:
DEPARTMENT or THE INTERIOR.
GENERAL. LAND OFFICE,
WASHINGTON. d. c., Jan. Is, 1892. J
Register and Receiver, Rapid City South Dakota.
.GENTLEMEN:-TEomas b. Taught
made entry No 2,334, September 10,
!SSS, FOR the southeast quarter ofnorth-
quarter and southeast quarter Of south
east quarter, section twenty-six, town
ship five, north of range four, east.
January +. 1890, plaintiff invited con-
test against said entry wherein he al
leges III substance abandonment.
Ihereupou notice issued (servlce OF
Which WAS personally had on defendant
january 1, lS9O,) and after Il trial
duly h'td. both parties being present. and
submitting evidence, you rendered your
decision in the premises March >, 1880,
wherein you hold said entry for cancel
lation.
March II, 1890, deiendent filed his APP
peal therefrom after giving due notice
thereof in which he alleges error, in sub
stance, that your decision is against the
law and evidence.
From the undisputed facts in the case,
it appears that the first defendant dld
after making his entry, looking toward
a compliance with law, was to hire an
other along in the early part OF 1889, to
build for him Il house upon the land,
which was completed abont March,
1889.
1t is also shown that said house
never contained any furniture and that
there WAS no breaking done on the land,
and in fact, it is admitted that dele n
dantnever ate or slept upon the tract
PRIOR to hearing. The only reason de-
fenditnt ycs foi t4ii; HIS state Of affairs is
that his business called him elsewhere.
Immediately after letting the contract
for building his house, he states he made
ton with his pension claim and was gone
from Februry Is to April ID, 1889. He
was again out OF the state from August
2l, 1889, to January 3, 1890; this time
he went to New York on some mining
business. About Septembcr, 1889, his
house upon SAID tract OF land was de-
stroyed by fire. On his return from New
York, january 3, 1890, he says he i'm
nlediatly made arrangements with one
Johnson to get ont material FOR "a new
house. He is not corrOborated, how
ever, i'll this regard. Johnson, his wit
ness, sweacs that defendant did notspeak
to him about getting out the lumber for
his new house until about January 10
1890, and possibly that agreement may
have been entered into even later than
that date.
Plaintiff, Hiram Walker, swears that
ever since the date OF his entry defendant
has resided in Deadwood where he was
engaged up to about July, 1889, i'll the
saloon business, and that since January
3, 1890, he (defendant) has been stopp
ing at the Stone hotel, one OF the leadin.
hotels in that place.
Defendant at the hearing was sworn il
his own behalf. To the frs t question o,
direct examination, Estate your name
age, residence and occupation" he an
swered Thomas B. Taught, forty eigh1
years OF age, hive III Deadwood, S. D.,
am mining" The above is II fair sum
mal., OF all the testimony in the case. 1
is clearfrom this showing that defendan
1 is not entitled to hold said tract in th
presence Of plaintiff's Is contest
While it is no doubt true that defcn
Idant's business interests were such as t,
tnecessitate his presence elsewhere thu
3l.upon the land in question, yet befos
J! such absences will be excused it must b