The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-12-16
CONFIRMED AGAIN.
AsSecosd Decision I'm the Long Con-
tested Rabbi M5haly Efsberf
Homestead Entry.

The heirs OF the estate OF Eabh Mshsfy
Esso@rt have cause 10 feel happy. On ee-
coEDs q the dsclssoa OF the general land
Office reesivsd AZ Tia local Lad osxes yes
terday, whereby the homestead entry %
Eisoer- made Ia April. isss, Is sustained
TIE tract OF LARD Is ca Aaary island ard
Is described a. tas northwest quarter
OF the noTsawest quarter OF section =.
and north half Of northeast quarter and
northeast quarter OF northwest quarter
sectioa =. township - north. range cas-.
Fer eleven years the entry nza been con-
tested % Charles II. Davis. and THIS
makes tns second time IL has been de-
ct6ed IN favor OF Essbsrt. Davis may try
for review Of The case again.
Entry was made by E!s5ert In ISIS and
hns4 proof offered IN October, iss0 In
August previously c. II. Davis, tina Poiat
Robinson lighthouse tender. protested. a.
iegang Etabert had net made . residence
On the iand TIL October. lSss. and subsa-
Qcsnuy thsgeto Up % the time OF offering
proof. that EzsbsEt hsd been absent over
half the time and that the only house on
the land was on the line between Esiseers' 5
and his daughters claim. and that tie
house w@s Used for both claims
hearing was had IN April. 1881. ard
q decision IN favor Of Elsbert given II
July. Issi- Davis appealed and the con-
missioner OF the general lard Office re-
held Eis5srG's entry for cancellation. The
latter appealed in March. 1884. and thu
secretary OF the Interior affirmed the gen.
sral land olflcs decision March 8 1894
EEsbert fled a motion for review ard this
was denied in October. 1885,. Eisbsrt's en-
try was Cancelled aud the case closed.
October. 1894. Eisberi fled q motion for
reaearIng. October So 1884. Davis. home
steaded the land December q, 1884. Els
tert's motion for review was denied by
the department. The news OF the adverse
decision reached Elsbert while on the way
20 Washington and be died suddenly OF
xhe shock.
In May. 1895. another motion for review
was made and the department ordered q
reheart ring. mainly through anidavits fled
by attorneys for The Eisberts. A rehear-
ing was held In seattle April, isse. and 8
Decision given Ia July, the local officials
sustaining Eisbert's case and recommsnd-
ting cancellation OF Davis entry. Davis
appealed and the commissioner has Just
decided against him. In passing on the
case the commissioner says:
s.Essbert's compliance with the law sub
secuent 10 the tine he brought his family
20 the hand Is clearly and fully shown. and
Il must be admitted that his inability TO
obtain water rendered IL practically i'm
possible for him 10 have and maintain his
family there at an earlier date. While his
residence previously TO the fan OF lsss may
not have amounted TO technical compli-
sncs with the letter OF the law, the work
done. improvements made and large
amount OF money expended by him dur
Ing this period IN personal Efforts 70 Sc
cure needed supplies OF water. when view
ed In the light OF his subsequent conduct,
chow the utmost good faith and demon
strate clearly his earnest intent ard et-
fort to comply with the law and make this
place hls permanent home. Though be " IS
unable 10 comply strictly with the letter
OF the Law ne has certainly compiled with
rs SPIRIT and this Is what the law oe-
rsan6x. Your decision Is therefore at
rrrned In SO far as IL affects said entries
Your attention - called 10 the fact taai
the secretary directed that rshearing
be had on terms 5ass for both sides IN
view Of this direction and in the event OF
this decision becoming ANAL you viii no.
tify the heirs % Eisbsrt that they Will De
REQUIRED 10 deposit win you sum OF
money sufficient 20 pay The cost OF taxing
testimony on direct and cross-exafaliie-
sisu OF their own witnesses and you ere
arrested when this sum has been de-
rostte.a with you, 20 refund Il 20 Davis
srA cancel Davis entry and rslnstate
Fisbert's entry and taks proper asuen
upon ElsbertS anal prcoA