The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1900-03-09
LAND OFFICE DOINGS.

The seer etary Of the interior in a
letter to the commissioner of the gen.
eral land Office holds that person
relnquishing and reconveying land
in q forest reservation under the act
of 1887, must at the same time desig-
nate the land he desires in lieu OF
that surrendered. The application
for selection should embrace Il tract
or tracts equal in area to that relin'
pushed. A number of selections have
been approved by the land office in
which these conditions were not OBJ
served. The secretary says that
where selections in partial satisfac,
tion only of Accomplishments have
been approved they will be allowed tc
stand, but all such claimants will be
notified that their failure heretofore
or delay henceforward to select the
balance of the area necessary to ex
haust their claims will be at their
own risk.
A contest case which involves land
of considerable value came up in the
United States land Office Friday
Joseph Beauriyarge' made home.
stead entry covering 81 of sw4 Of sec.
tion 3, the set of set of section 4, and
lot j of section 10, 61-24. On Sept. l.
1895, he made final proof on the same
and received his final certificate.
After that date, James McAuliffe
filed a contest against Beaurivarge
alleging that he had not made his
entry in good faith, that he had not
lived on the land or established a
residence thereon. He alleged that
the only habitation on the land was
a small cabin, worth not to exceed
$50 with open walls, roof with great
cracks in it, and that the land had
not been cleared except for the logs
used to construct the cabin with, and
that the only clearing was about 81
by so feet In this he asserted that
six hills of potatoes, the same amount
of corn and a very small patch of ruta'
bagas had been planted, but that out.
side Of these no crops have been
raised. The contest having been in.
stituted after the final certificate had
! been issued it was out Of the juriSdIc.
tion of the Duluth Office and hence
the contest was referred to Washing
ton and the general land Office ordered
a hearing,
Thishearing came up Friday, but
/ only sfSo witnesses were examined
One of these. Angus Mcintosh testi
fed that there is about 100000 feet
feet of timber on the land which is
worth So per 1000 feet. James O'Neil
said that Mcintosh was mistaken
that there was only 100000 feet or
the land but Mcintosh said that
O'Neil was mistaken and that there
is one 40-acre piece of the land alone
which has 1,20O,000 feet on it. The
hearing was adjourned to April 10 tc
get the testimony of other witnesses
The officers of the Duluth office
have received the decision OF the
secretary of the interior in the case
of Harry w. Ashton VS.. Signe Hagen
involving the latter's timber anC
stone application for 100 acres in
section 5, 1914. The decision is in
favor of Miss Hagen. 1t is chiefly
notable for the reason that although
the woman technically forfeited the
land, her intentions were found to be
good and the department found way
In which to accord her the benefit.
Miss Hagen, who is hard working
woman living at Tower, defaulted al
her return day at the local Office ant
some two days later Ashton applied
for the land and was apparently en-
titled to it. Immediately thereafter
however. Miss Hagen filed papers
showing that her default was OF
account of failure to get money prom
ised her and that she had used al
diligence within her power. TIL,
Duluth office recommended that he
claim be reinstated, her action being
apparently in good faith, in which
recommendation the commissioner O
the general land Office cencurred, ant
it is now also affirmed by the secre
tary Of the interior.
1t seems that the notice given t.
Miss Hagen of her right to enter tn
land and of which she defaulted. wa
given to her attorneys, who had full
authority to appear for her in ;
swamp land contest involving part o
her claim. The secretary saves he
by holding that the attorney had nj
fhnritu RI onOarf nnfino fnr l,ar ~