The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1897-10-27
Land Contest Case

AS&x1N SOutSok 0SAoSs
Judge Lochren has Tendere two i'm
portant decisions. One was in the
case of Carrie Moss against Richard
bowman, and the other was in the
case of the Germania Iron Company
against III. Z James and G. w. Hill
lard. The former is a land contest
case that had run the gamut of the
land office and back from the office of
the secretary of the interior and the
latter is another chapter in section 80.
Judge Lochren suStainS the secretary
Of the interior in the Moss-Downman
case and the decision is in favor Of
bowman. In Germania Iron company
case the decision is in favor of the
defendants. Both cases came up on
demurrers and were heard at the
present term,
The land inyoled in the Moss-Dow-
man case is situated in Cook county.
1t was originally filed on by one &. 81.
Doran, who reIinquished for a con-
sideration of $1,000 TO Miss Moss.
bowman at the time of the relinQuis-
ment was on the land. Miss Moss
filed her REIMBURSEMENT of Doran and
Immediately made application for
homestead entry on the land. In the
meantime bowman was on the land
and later contested the homestead
entry of Miss Moss, with
the result that the final decision in
the matter, coming from the secretary
of the interior, was in his favor. The
case was carried to the United States
court on the ground that the secre-
tary's decision was erroneous and con-
tary to law.
Judge Lochren finds that the Sec
rotary was clearly in the right. He
finds that the filing Of the relinquish-
ment left the land open for appropa-
tion bowman who might have been
regarded as a trespasser before the
filing, became settler. While
Doran's entry held, bowman could
aquire no rights, but the moment the
land was open for appropriation the
latter's rights as a settler attached
and no new entry, however "simultan-
eous'' could be thrust in between the
REIMBURSEMENT and Dowman's rights
as a settler in the land. The moment
the REIMBURSEMENT was filed Bowman
ceased to be a trespasser and became
a lawful settler. The demurrer to
complaint is sustained,
Judge Lochren sustains the demur-
rer to the complaint in the case of the
Germania Iron company against 81. E.
James and c. w. Hillard. The land
involed is situated in 30-63-ll, and is
valuable but undeveloped iron proper
ty, situated near Ely. The land was
originally entered with Sioux scrip by
Frank Eaton and Lon Merritt. The
rights Of the applicants were attacked
and were declared invalid, and the
pre-emption of one Hyde was declared
fraudulent. On the 18th of FEBRUARY,
FL. E. James made application to file
Portertield scripon the particular 40
acres involved in this suit. but his APP
plication was reject by the local land
officials. 1t transpired that the re-
jecting of the entries of Merritt and
Eaton had been made by the secretary
of the interior on the same day, but
knowledge Of the action did not reach
the land Office at Duluth till Feb. %,
which was holiday. The next day
there was rush for the land. Emil
Hartman secured the 40 acres that
James had applied for on the 18th. A
contest followed, and the secretary
ecided that the "a pplication of James
on that date should bold as legal and
valid. James later relinquished and
William Craig fled Porterfeld scrip
on the land. Patent was issued and
later Mr.. Craig disposed of the proper
ty .Ipart to James and part to billiard.
His Stomach ONT of Order