The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-02-16
IN THE WOMAN'S FAVOR.
Secretary OF the Interior Francis
Decides an Interesting Land
GouteAt-A Reversal.

ruling of the local land ONCE which
favored the rights OF a poor and ignorant
woman 10 Gle on two lots and forty acres
in Chal.am county, after being reversed
by the general land Office. mas been az
firned by the secretary Of the interior.
The case Is known as John T. Copelan
"a. Mary Facel The land was surveyed
between July and September. 1881. and the
Official plat Of survey was approved r sb-
ruary Il. 1885. On July 81 1876. Mary Facet
fled a presumption declaratory statement,
alleging settlement March %, 1890. John
Copeian made homestead entry OF the
same land. July IS. 1893. alleging settle
ment February q. 1880. In the contest
which followed. the local land Office de-
cided in favor OF Mary Facel. and on ap-
peal TO the general land Office the decision
was reversed. May Facel then carried
the matter before the interior department.
In summing up the case Secretary Fran
els SAYS
THE testimony shows that Mary Facet
settled upon the land in September. 1889.
During the fan she had a quarter Of an
acre cleared and began 20 build q house.
The following winter was a severe one.
during which II was impossible TO do much
in the way OF improving the claim or
finishing the house. She had previously
been living with her brother. but between
his claim and hers ran a river difficult
and In winter, often dangerous TO cross.
There was no bridge. This Is given as the
principal reason why she did not finish
the house and take UP her actual resi-
dence IN il until the latter part of Feb
ruary. when Copelan attempted TO initiate
his claim to the tract. The improvements
made upon the land by Miss Face ara
meager: but on account OF her poverty IL
was absolutely necessary for her 10 work
elsewhere, both for her own support and
10 pay for the improving of her claim
She had 500 pension money. resolved be-
cause OF her dead fathers service in the
army, but this she was carefully saving
10 pay the government for the land taken
under the presumption law"
The secretary finds from the evidence
that Copelan attempted TO play on the
poverty and ignorance Of Mary Facai, and
as che had money 10 fight them with.
would make Il cost them an Il was worth"
Copelsn al one time called on the woman
intending TO compel her to release TO him
a portion OF the land rather than have a
contest. But Mary Face replied that she
had nothing 10 divide and that she would
not sell at any price. In conclusion, the
secretary says:
1.-THE decision rejecting Mary Facel's A.
nal proof. and holding her fling for cam
collation., is reversed and she win be per-
m'tted TO make entry Of the land"
In the case OF the United States vs.. Or.
". Hail involving two lots and eighty
acres IN Skagit county near McMurray.
the local land office has been reversed
IN It's decision favorable TO Hail Papers
were received yesterday from the general
Office. The decision OF the local Office was
founded on humane considerations the
testimony failing 20 show that Hall had
In any manner complied with the home
stead law. The general office holds that
the fundamental requirement OF the
homestead law - residence on the land.
II Ia true this may be constructive after
once being actually established. but theirs
can be no such thing as constructive resi-
dsnce until the claimant has once resided
on the land In good faith and according
10 law After that. sickness or poverty or
other good reason for not continuously
residing on the land is usually sanctioned
by this Office. IN the absence OF proof OF
actual abandonment. and credit for main
tanning a constructive residence given.
But such credit cannot be given IN this
case for the reason as above stated hat
TO actual residences had bean established
on said land by said entryman. Your de-
cision is accordingly reversed and said
entry held for cancellation"