The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-02-07
Highest
Awards at
Worlds Fair.
GETS A REHEARING.
Secretary Smith Opens Up the
Eisbert Home Case.
THE ORIGINAL CLAIMANT DEAD.
After Many Appeals From One Depart
ment To Another, Etsbert's Heirs
Gain Their Point.

Secretary OF the Interior Hoke Smith
has ordered rehearing in the famous Els
bert homestead case. The decision was ie-
ceived at the local land Office yesterday
and Is as follows:
ITO the commissioners of the general
land Office: On April Is. tss5. Mihsiy Els
bert made homestead entry of the north
west quarter of section ., and the north
half of the northeast quarter and the nortn-
east quarter OF section 2. township =
north, range east. Seattle land district,
Washington. He offered final proof on DC
tober 81, 1880. when he was confronted by
the protest of Charles III. Davis. alleging
failure to reside upon the claim Tor nve
years, as required by the homestead law
A hearing was had on April ], 1881, and TIE
local officers decided in favor or the entry
man. Davis appealed 10 your Once, when
on October l. Isa2. reversed the judgment OF
the local officers and decided In favor or
Davis. Eisbert appealed TO the depart
ment. which, on March 3. 1854. rendered
brief decision, finding that:
The material facts disclosed By the
record are set out in the decision appeaied
from, and sustain the conclusion reached
by your office. to the effect that Elsoeft,
who. il seems, continued 10 make MS nome
with his family in Seattle, did not estao-
lish his residence from that date. until MS
stbmittai OF proof, october 81, 1890. Is TOO
the homestead law
.sEisbert filed a motion for review, which
was overruled by departmental decision OF
October 10. 1894. Eisbert fled a motion Tor
a rehearing, which was denied by depart
mental decision of December Il, ls9L Inc
department is in receipt OF q motion haeu
by Eisbert for review OF the depart
mental decision denying a rehearlng. ae-
cornpanied by affidavits in support OF ne
same which are in the nature or newly uts-
covered evidence, which the moVant al
lcges II was not in his power TO proouce at
the time OF the hearing.
"I have examined the affidavits referred
10. as well as the briefs and arguments Tor
and against the motion. II Is not deemed
necessary TO set out the contents or these
aff,aavtts In detail X Is sufficient 20 say
that they raise a doubt In my mind as 10
whether Justice has been done the en-
tryman. There seems 10 be no legal oosta-
Gle IN the way of resolving that DOUBT oy
a further hearing, which may be had, ON
terms fair TO both sides. l nave. tnere-
fore, TO direct that a further hearing be
ordered at so early date as practicable.
at which Eisbert shall Be permitted 10 in
troduce the testimony indicated by affida-
Wits. and which, II is alleged. IL was not In
his power to produce on the first hearing.
after which rehuttal testimony may be IN
troduced, the question OF fact 10 be deter
mined being whether or not the entrynan
had complied with the homestead law In
reference 10 residence and cultivation at
the date Of Offering final proof. Such tes-
tfmony, together with that offered at the
former hearing will be considered. and a
decision rendered thereon by the local on
GERS. whose decision shall be fnai. unless
an appeal Is taken therefrom as in other
cases Herewith are returned the papers
In the case s'HOkE SMITH.
Secretary Of the Interior
This is good news 10 the heirs OF the de-
ceased rabbi. who died while on his way TO
Washington City last spring TO make
personal appeal 10 the president and sec
rotary of the interior number OF hts
friends claim that he died from worry and
overstrain. The case Is well known TO the
Seattle public. as the facts have been pub
isshed a number of times In the daily pa
pers. The disputed homestead Is on Wash
on island and IS considered valuable
piece OF land. Eisbert claimed during hts
lifetime that he expended 5000 on inn
urovernents. After Eisbert's death Abe
Spring went to Washington City In behalf
Of the heirs and presented the case before
the department and argued for a rehear-
ing. The fruits OF his effort are apparent
ia this last order.