The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1901-04-22
somE NEW DECISIONS
~ LAND CASES
Opinions Handed Down By Hitchcock
and Ryan.

AA"ANtfNAH al NNAI AWMMNA anu WNMNNN
versus Isaac NJ Richards, in which
case the land Office with it's letter OF
March last transmitted a motion for
review of the department decision Of
November 2S, 1900, a motion for re-
view was filed by Leniger IN the local
land Office January last, but was not
transmitted to the land cffice until
March 20.
The tract Of land in question is a /
part of thc Kickapoo reservation I
which was opened to settlement May /
23, 1895. and thereafter James r.
Richards made homestead entry of
said tract This controversy arose up 1
OH contest brought by Archie Cana
da against the entry alleging priority
OF settlement subsequently Lenlger
filed a second contest alleging that
he was prior settler and a hearing was
ordered to determine the rights Of the
several claimants. Before the hearing
Richards rellnquished his entry and at
the hearing Canadd and Leniger were
the only claimants on record The
local officers could not determine
Which was the prior settler but they
found in favor o. Leninger because he
had followed up his settlement by es-
tablishing n residence on The land and
Immediately and that he was not dis
qualified from making entry by .rea
son OF any advantage gained by his
entering the territory during the pro-
hibited psrod They recommended
that Leninger be allowed to make en-
try OF the tract
Canada appealed and the lanT office
by decision August l. 1900, reversed
the action Of the local Office and held
that Leninger was disqualified from
making entry by reason of the adj
vantage gained by him by being in the
territory during the prohibited period
No decision was made as allowing
Canada 70 enter the land but it was
held that his right to make entry
would be subject to further inyesti-
CATION should he offer to perfect his
entry. Upon appeal Of Loninger the
department by decision Of November
IS, affirmed the decision of the land
Office holding that Leninger was dis
qualified by reason Of the advantage
gained by him by being in the terri
tory during the prohibited period.
After thoroughly reviewing the
case, the acting secretary denies the
motion
Acting Secretary Ryan has also
handed down a decision in the con
tested land case of Ernest Q. Moores
VS.. Jasper n. Baker in which Moores
has filed a motion for review Of the
department decision of November 10,
1900 which affirmed the decision Of
1.-THE land office of February 10, 1900,
dismissing his contest against the
homestead entry of Baker for lot 6 OF
the east half Of the southeast quarter
and the southwest quarter of the
southeast quarter Of section twenty
five township twelve, north range, five
west, Oklahoma land district, okla
homa.
All the matters set forth as a basis
for the motion were carefully consid
cred by the land office and the de
paitment when the case was before
each on the appeal Of Moores The
determination of the department o.
said matters was announced by it'
formal afflrmance OF the decision o.
the land office.
Upon full consideration of the
motion for review and the specifica
tion Of errors no good reason is seer
for disturbing conclusions heretofore
reached. No new matter being sug
, gested the motion for review is de
MED.
Secretary Hitchcock has handed
down a decision in the contested Liant
case of Bertha C. Poole VS.. Christian
S. Berger involving the southeas
quarter section four. township twenty
one, range north two east, Perry lam
> district, Oklahoma for which Berge
made homestead entry on septembe
%, 1898, and in which case Poole ha
filed a motion for a review or reheai
ing,
On September 30. 1898, Berth
Chapman initiated a contest agains
Bergers entry ON the ground of prio
settlement.
A hea-ing was had, both partie
9 appearing and submitting testimon.
The local ohicers found In favor {
Berger. The contestant appealed
II the land office where, on Decembt
It 21, 1895, decision Of the local of
p GERS and on further appeal, the d
It partment on March 30, 1897, rendere
.e decision amrming the decision {
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