The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-02-27
LAND OFFICE DEfTsroSs
Entry Rejected because OF ColIusiou-
Case of insufficient Residence.

secause or COliuSiOFf-
Ease OF Insufficient Residence.
a decision from Secretary Hoke Smith
vas received at the local land Office yes
tsraay In the contested presumption case
" >. n Herin VS.. Eilersiie W. Trego and
-. W. Conner. IL. N. Taylor and L. f.
hice. transferees. in which the decision OF
the local office, n favor or Herin is az
nfned. on the ground that former contests
between Conner aad the other contestees
naa been settled by illegal contracts
ne case involves the northwest quarter
OF the northeast quarter of section IL. and
the west half OF the southeast quarter
and the southwest quarter of the north
east quarter. section IS. township 20 north,
range ! east. situated near Gig Harbor
The records show that on February IS
INA. II. w. Co!ner filed prescription dTclar-
atory statement and on April i, 1856
changed the fling to homestead entry
October u. 1857. this entry was cancelled
by REIMBURSEMENT. the enSryman's final
proof having been rejected on account of
failure 10 show sufficient residence. On
October "a, 1887. Eilersiie W. Trego filed
presumption declaratory statement. alleg-
Ing settlement October Is of that year,
and gave notice that he would offer final
proof July IS. ISIS: but the notice proving
detective IL was not offered until Septem-
Der - following. when IL was accepted and
final certificate issued November s. 1853
On November q. lsss. Trego conveyed the
land 10 II. W. Conner by warranty deed
for $1,000.
February TO- 1890. the local office dis
missed the contest OF one Miller against
the presumption entry of Trego for want
of prosecution. the ground on which the
hearing was ordered being that the orig
inal filing was made In the interest OF
Coiner. and not for Trego. and that for q
valuable consideration Trego was to pre-
feet title TO the land, and. after making
finai proof. was 10 convey the same TO
coiuer Subsequently. on June q, 1880, a
hearing was ordered on the application of
s. II. Herin. alleging COLLISION between
Trego and Conner, and that the withdraw
al OF the Miller contest was induced by
conveyance TO the contestant OF eighty
acres OF the land. The decision Of the To-
cal officers sustained the contest and rec
commended the cancellation OF Trego's en-
try Upon appeal the general land office
decision Of august 10. 1892. affirmed the he
clsion below and further appeal being
taken the case reached the secretary's de-
partmant. The secretary reviews the evil
dence and says that a certified abstract OF
title shows that the following transfers
have been made in reference TO these
lands Trego and wife to B. W. Conner,
for si.coA. November Is, 1855. Conner and
wife TO NJ N. Taylor. for $500. December
y 1859. Taylor and wife TO l.. T.. Rice. of
the northwest quarter OF the northeast
quarter. section 10. and the southwest
quarter of the southeast quarter for $1,000.
December IS. 1889. The secretary says:
..-rs,ers lie rn,sch Incompetent testimony
offered in the case. but your Office decis-
ion is based upon the testimony contain
ed in the aiadaxlts as set out, and efe
recar,i. and while this testimony Is not
as satisfactory az il might be, yet, IN
view Of the holding of this department
tsn,t Il Will not disturb the concurring de-
,.lsions below where there Is evidence To
sustain tacsa. l am led 30 affirm the de-
etsgon appealed from. The local officers
had the hest opportunity of judging Of
the true facts in the case
A decision was received from the gen
erai hand commissioner in the case OF
William H. Began vs.. Hugh t. Affair. IN
x7alvtng Sc ii section s, township - fcftaa,
range 10 east. near North Bend. IN wefsea
the decision OF the local office awarding
the right of entry TO Hugh 4. Adalr Is
affirmed.
The parties simultaneously presented
n,s,,ftcasfs,nz 30 enter the tract IN
cofg1r oversy March 10 1884, Rcsan al
lexing settlement March i. 1879. and AS'asr
necenst>er -. 1890. 4 hearing was had
June % 1894. on Bogan's promise oo pay,
"a he had no money ia pay for taking
tes,inEsisy. Began failed so msisse good
lsss promise ana a decision awardsng
right Of entry 10 ASlair was rendered Au-
gust %. iSs4 Tire local register in for
warning tns. papers ~ Washington city
,a.As that he found that inc coBtesia0s
assd been on the iand only once DURING
the YEAR preceding his Application 80 Ell
ger. that his sicn1earas rs a Witness and
"a n man was Of a character 20 SATISFY
.h.A register that his attempted entry was
~, r,s.rttoYsat;s: ta2tt MS residence ard
s.,,,,,~,v.r,euts were aeSustory ana triiitng
-, character. whereas Atsasr made a bora
a.. settlement: while Bosan's losise was
,,,,s,,sa t,ls,,Sa AMI sasflt for human haStss-
ssogs that ~ Affairs Was ocenEsesf ny h'sa-'
smss ARA had f.e.,sa since his settlement,
.sNss.tes making improvements III gcsi
sastss RoEnn appealed fran tfpe DECISION
~ 4fsA register pratess5EsS against tas
,,~s.s,,ssra OF hsS ,senaesaor anil accusing
.s,, ,,SSysster Of being absent from tsse room
a.. greater part ~ sae bearing, TIE csz1s-
,s~s.x-,.s CLOSES his rssvsew with tire state
,ue,,, that he * coarse Tains3 ~ flrS that
Es.san has not complied wsth the require
.,,aess az the settlement laws