The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1901-05-17
IMPORTANT DECISIONS
IN LAND CASES
Washington, D. c., May 16-Act

Washington, D. C., May 16.-Act-
Ing Secretary of the Interior Ryan has
handed down a decision iu the cOutest'o
land casr OF William hrupmer vs hd-
ward BiumcnHhinc. involving thc N. ~
quarter of section q I o. N., W. Enid
land district Oklahoma, for which Bran
mer made homestead entry on October
20. 1895, and ON The foNowluE cay biuw-
enshine flied affidavit of contest against
said entry, alleging priority of settle
ment
By departmental decision of June 9.
1sgS. Blumenshi1a was awarded the pyior-
ity right of entry and on November ll,
1898, within due time after notice thereof,
be applied te make homestead entry, nut
action thereon was suspended on accOum
OF the hling In the meantime of pro-
test by Bramer alleging that biumen-
shine had failed 90 maintain mis- residence
ION She land from May 1891 90 june, 1875,
and that he Bruner had continuously re-
sided ON the land since the hearing in
May, ls9i, on the issue of prior settle
ment.
on January 3 1900 hearing was finally
had on the appeal and May 49, l9l0 the
local Officers recommended the dismissal
Of the same. Upon Brammers appeal
the land Office on January 3. 1901. az
nrmed their decision and held Brammei
entry subject 70 Blumenshine's right OF
entry.
Brammer has appealed To- the depart
meut ana "a careful examination Of the
record discloses no ground FOR disturb
ing the findings and the conclusions
thereon Ly the land ,rr.ce the decision
of which is accordingly AFFIRMED.
In the contested land case OF Anna
"A Robinson w Charles A. Gitz involving
the =. II. quarter Of section y T ID
N.. r. W. oklahoma land district
oklahoma Secretary Ryan has rendered
an opinion against a decision of the land
office. The land IN question is "a part
of the Cheyenne and Arapahoe rcserva-
tion which was opened to settlement on
April a, 1892
Contest against RobInson's entry waa
filed by Cordie Lunceford on December
2S. 1892, the allegation being that the en-
entrance within the reservation within
the prohibited period.
Contest was also flied by Benton a..
Miller on September D. lsyB. the chargs
being the same, and the further ale
cation was also made thar Llnceford
had brought her contest for specula-
tive purposes.
on September le. 1898. r. A. Robinson's g
entry was cancelled by REIMBURSEMENT.
and on the same day his sister, Anna a.
Robinson, the plaintiff In this case hled
her homestead APPLICATION TO enter sa,a
land, which action was Suspended 10 walt
action by Lunccford under her presump-
tive preference which preference She did
not press SO nothing was ever done by
her because Of Millers pending contest
alleging that her contest against Robin
sons entry wis filed for speculative
purposes.
il also appears that at the hearing or
dered 70 investigate among other mat
ters this allegation, the local Officers
found from che evidence submitted SAID
charge to be true, and that Luncetord
had not brought her contest In good
faith but for the purpose OF speculation
and sale, which finding was affirmed by
the land office and as no appeal from
said decision appears to have been taken
Lunceford was ;hus eliminated from the
case.
on November II. 1898 Miller made home
stead entry for the land.
On June 2. 1884. the local officers re-
Jectcd Anna a. RObisOn's homestead APP
plication, from which action she ap-
on Aprn 27, rsl. Anna A. Robinson
filed an AFFIDAVIT of contest, alleged that
Miller did not make his entry for the
purpose of actual settlement but for the
he had never resided on. cultivated oi
improved the land. This application tC
contest Milleds entry was rejected by
the local Oni1ers FOR the reason that
no cause of action had been stated from
which action Robinson appealed. A hear
ing was ordered The local officers dis
missed the case for want of prosecu.
tion, which action was affirmed by tn,
land Office. Appeal was taken by Robin
son 70 Secretary Hitchcock. who sustain
ed the action OF the local officers ant
the land Office in dismissing Robinsoni
contest BY decision rendered September
Il. 1898.
A motion for review filed By Miss Rob
inson was denied by the departmental
decision rendered February 10, 1899, which
action closed the case
on May s. 1894, Charles A. Gltz file,
affidavit Of contest against Miller's en-
try Of November n, 1888 alleging aban
dOnment and that Miller had never estab
lshed a residence on the land. and OF
May z, the piaintin also filed an anidavi
OF contest against the entry making sub
stantally the same charge. Action OF
the said appeals charging abandonment
appears 10 have bgen suspended durinl
the disposition Of the prior proceeding
by the plaintin.
on March p, 1899. Milers entry wa
cancelled by REIMBURSEMENT and on m
same day Gitz made homestead entr
for this land.
After testimony had been submitted IN
local officers sustained a motion 10 dis
Miss. on October 4, 1900 the land ofic
reversed the hudings OF the local on
GERS, holding that iGtz' contest was pre-
mature and also recommending the car
collation. of Gitz' entry.
After thoroughly considering the evi
dence submitted, the land omice decisio
was reversed by Secretary Ryan, aa
Gitz entry viii be alloweh 70 remaiI
intact. subject TO due and proper CON
painance with the homestead law