, 1897-09-28
TWO IMPORTANT CASES.
THE SUPREME COURT DECIDES
THAT THE GOVERNMENT
HAS RESPONSIBILITY.
Il Cannot Take a Mans Money and Keep
Is Lands, Too-Herman O.terson's
Case With the Chosen Friends
building AssOciation-The More He
Paid the More He Owed.

hulldinS ASSCclatiCn-The More He
Paid the More He Owed.
The state supreme court yesterday de-
c.ded two cases OF interest 10 Albany
county which deserve more than a pass
.ng mention.
In The early sos Thomas J. Fisher
d,ri upon 240 acres Of land on the Lizzie
Laramie river. forming a part OF what
IS known as ;he SartOris Home ranch.
\..er wa.tlng the s.agu DRY period OF
hree Years he made his f.al proof before
lie land Office at Cheyenne and paid tn
government price fer the and. taking a
final receipt. He remained in possession
Dt The lane until he sold it to JudsJn.
Su.phin & Co., in 1886, and thereafter
ludson & Co., sold the And to the Doug,
iI5-WL!iln SdrJUris company Tor Sc, 900
cash. Fisher moved away and during his
absence d lett r came from Washington
, Cheyenne ~instructing the officials
here to cancel the entry on the ground
,hat The land was no desert land. No
n,ficp Of rbis c,ncsIlot,c,
imam IIfsbar ar rho ,bo, ST..
land. The government just simply kept
he price Fisher nad paid Cor the land,
and kent the l,nd RIO ,e,or alor
II, rho land ,moa Tho o,roo,,,,oa ~
made final and the land thrown open TO
nubrfc ,n-rv and rho l..o,d,,.s IL .ho
case Irsenh Dpuss r,d ,Ire,, yyahb
| RIed unnn tho and oro 4 ~, hama
s,oad and tho cHharn,der tho dssar, Inn,
,rr Tbav wan- inc r,,,os,.or ~. ,,o
land making If ,r,at, horo T., ~
| meantime rho Dnprss-yvi1a s,r,,r;s
ccrn ,onv mad uor-o,eea ,bo ,ord an,
and the hank in pen~nsv;vario ac,rira,
,i.,o hr r,rooroer 80 =.
| Tbov hon hro,,e,h, S,;, ao,i,-, na,Io,
and V.ahh tn find onr +, yrb nm Tho l, ma
| lr,onped The casa W., ,r,ed ho-oro
| Ludge u,vsord and AFR a,r,os- cor
ta., Judpa u,vford dacidoa +ho, tbo
r,yarpmanf had M rich, 70 c,pca, III.
enrrv Of Mr. Fisher as-er he had maid
s,r t. and w;-bonr ~,ctioo r., him ~ 70 hi,
,as;pns Tn. casa va. -ba, AMMAN o,
nv rho dafe,danfs IN rho en,reue c,nrt
where il has been nendine for nearly
W., years. The oues, Mons raised were
| compIic,:ed nvolvinp rho o,es.ion NJ
iurisdicti.n in tbe land otBca r, c,nca,
| wi.hout nr,ice and tho RICH, of ca,ca,-
| la,ion in general after final nsvme,,
and the s,nr.me cour, has affirmed rho
decision of rho c,,,r, he,,y 1rs.;oa p,,-
or ardanad tho dec;si,r os ,ha co,r,
holding thar ;hs land he,onsaa 70 tbs
neonIe ~ whom Fisher had sold i, md
,,at tho land office had n, r;o,t r., +,Lo
i, ow,v yror ,ha,, and rive T. , g.,
one else.
This question has been before the SUI
preme court in other forms. In the case
OF Caldwell -. Bush the supreme court
decided that the land department had
authority TO cancel a final entry after
SANs "'' ' IN f"iNtNS ~
the land an opportunity to be heard be-
fore such cancellation, but in that case
they also decided that the right of cans
collation. was not an arbitrary one and
could only be exercised after giving the
parties an opportunity TO be heard. In
This case the supreme court, following
The same reasoning, has decided that the
cancellation Of Fishers entry was arbl-
trary and without authority OF law.
ISn. c. p. Arnold represented Mrs.
Lamb and Hon. N. e. Corthell represent
ed the Second National bank OF Browns
Vile. Hon. c. W. Bramel and Hon. c.
Z. Carpenter appeared in the cour be-
low for The defendants and Judge Lacy
in the supreme court.
THO JEFFERSON CASE
T,a O..or,o do,isoa h..
rreme co,r. v.s.ordov u,,s also an In.
,e,os,f,u o,so ;rvo,rino ,ha doa,;,n, =.