The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-04-28

a residence on the land, made improve
ments and cultivated it, which latter
| testimony was practically substantiated
by the defendant.
From the testimony submitted it ap-
pears that the defendant established q
residence on the land in good faith in
1894 and has maintained the same ever
since. It is true that he was absent from
the land a considerable portion Of the
time, but his absence prior to the first
leave Of absence was for short periods
only and in discharge Of his ministerial
duties, and cannot be held to be an
abandonment OF his homestead, while his
other absences were fully protected by
leaves Of absence regularly granted
nm and in the procurment Of which
there was shown to have been no fraud.
The last leave Of absence expired October
10,lS98, and his entry was not subject to
contest for abandonment until six
months from that date. which would
have been April 10. 1899, at which time he
is said 10 have been living on the land.
From the testimony submitted Secre-
tary Hitchcock is Of the opinion that the
contest, which was initiated February
q, 1899, was prematurely brought and
must be dismissed. He therefore ahirms
the action Of the land Office and dismisses
the contest.
Secretary Hitchcock has also handed
down decision in the contested home
steady entry case Of Henry Z. NOEL VS..
William P. Steele, involving the south
west quarter Of section %, township q,
north, range 3 east, Perry land district,
Oklahoma, for which land Steele made a
homestead entry on September q. 1893.
On December a. 1888, NOEL initiated a
contest against Steeles entry on the
ground of prior settlement.
a hearing was had before the local Of
fcers, both parties appearing and offer
ing testimony. The local officers found
IN favor of NoeU- and recommended that
the land be awarded to him. Steele ap-
pealed to the land office, where on No
vember 6, 1886. a decision was rendered
affirming the decision of the local Off
GERS. Steele fled a motion for review,
which was denied January IS. 1897; he
thereupon filed a motion for rehearing.
which was denied May .. 1897; he there
upon appealed TO the department.
Pending the appeal to the department
Steele and others fled a petition praying
for an Investigation of the charges of
perjury and collision in connection with
this and other cases. The petition was
granted and reports were made By a spe-
ciaI agent Of the land Office.
A further hearing being ordered as a
result Of the investigation, it was ac-
cordingly had before. the register and a
special agent, the receiver OF the land
Office being disqualified by reason of hav-
ing been q counsel in the case
april u, 1900 the register and special
agent found in favor Of the defendant.
The contestant appealed to the land Of
fee, where, on November 20, 1900. a decis-
ion was rendered reversing the decision
OF the register and special agent and
holding Steeles entry subject to Noell's
preferred right Of entry, and from that
decision Steel has appealed TO the depart
ment.
After thoroughly going over the facts in
the case. the secretary dismisses the con
test as follows:
Your decision is therefore affirmed.
The entry of the defendant viii be can
celled and NOEL viii be allowed to make
entry for the land in controversy.