The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-08-18
OLD LAND
CASES ARE
SETTLED
Number of Land Decisions are
Handed Down.
SOUNDS VERY ANCIENT
To Hear of Patrick So and So
Stacking Claim.

Guthrie. o. T. Aug r--secre,s-v
Hitchcock has handed down a number q
land decisions OF interest to Oklahoma.
They are as follows
IN the case OF Patrick Magic. who an
pealed from the decision OF the conuis-
sioner OF the general land Office reject
ing his application 70 make a second
homestead entry FOR the southeast ouar-
ter and lot 4. section IL. township IS
north. range Il west. Kingasher land dis
trict. The decision OF the commissioner
was reversed. In his letter 10 the com
missioner OF the general land office tho
secretary states that the records 90 ,hs
land odice show that the applicant on
June Is lS99. made a Communication cash
entry under the act az October %. lisa.
based ou homestead entry for the south
half northeast quarter section g. town
ship 10 north range y west. containing
12e acres and that patent was Issued
thereon April y, 1S99 Both ~ the above
described tracts lie in the Cheyenne ana
Arapahoe Indian reservation. and are
part OF the land obtained by cession
from the Muskogee or Creek nation. and
their disposal is governed hy the provia-
ions or section IS Of the ACT % March e.
lSs9 The case I'm all essentials appears
the same as the case ~ Howell Smitb
which was declded by the department
July So 1901. For the reason stated thr
secretary reversed the decision % the
general land office and directed that che
application OF Nagel be approved
In the case Of William Wainscots vs
J. T. Martin. the records show that thc
latter on September q. 1S93 made a home
stead entry for the south quarter o.
section 10. township Is north. range
east. Perry land district Oklahoma.
Wainscott and A. W. HaTtshorue caeh
filed snidavits Of contest against the en-
try on the ground of priority ~ settle
ment hearing was had and resulted
in decision by tho local officers TO the
effect that Hartshorne was the nrst to
reach and stake The land. but his COM
test was dismissed on the ground mat be
was disqualified from making entry nv
reason o. his having made the race from
,he Pawncc Indian reservation. Walus-
colt reached ard staked the land before
Martin arrived on g. but Wainsc0tts
contest was dismissed on The ground that
he failed a. establish a residence on the
land within q reasonable time sitter MS
settlement and Martins entry was held
intact
Wainscott and Hartshorue both appeal
cd to the general land office ard TIRE
commissioner rendered sn opinion on Sep
tember ~ 1897 holding that Hart~ho-no
was not disqualified but that both be
and Wainscott had failed ~ establish "a
residence upon the land within a reason
able timc Further appeal waF then taken
hv the two contestants 20 the department.
Walnscott had filed several aTidavifs
charging ~sooneTismr against both Mar
tin ard Eartshorne. ard has made Vari-
ous efforts 90 bee permitted to offer rreaf
~ the disqualification. and iaaTmuCh 81
bearing has been ordered and is unw fn
progress wherein the local land officers
say there have been developments signld-
cant ~ the truth ~ Wainseofte charges
the secretary directs that che comrais-
rloncr ~ thn general land Office Instruct
the local officers 90 notify ai ~ The psT-
ties interested that Wainecott win be- all
lowed to intervene and offer testimony q
prove his charges
IT. The case ~ Ahsaiom RuFrics. vho
appealed from the decision ~ the cou-
missioner ~ The general lard Office. d.
missing bis confeet aFaiusi abe entry ~
Tnomas 8eFasden sor the roafheass
quarter ~ section 81. township u rofth.
range % west Aisa land district TIRE
decision ~ fhe commission 1as sue
talred one ~ the alieEationa lu ihs
appeal was that che general iane Office
rad erred in taxing Jurisdiction ~ tais
case % appeal Ter the reasa- faat 70
appeal was Sled. ard no npecIacafieas ~
error t1 erect an appeal However ere
record dlsciasss thst an appeal vas f.ei
in tho general lard Office. accompanied -
s1crlfcaflons ~ error. ana vas aalF
served on che plaintiff
Tho secretary fglea. therefore thsf fha
decision ~ tha general iard 7Ficr. oa
tho merits ~ fhe caar. affrr a carefal
srasalaatlra ~ 500 zfeia record tr f7art
- b. fsir statement 20 fhr fscfr aEf
that 81 good reason apfrafu f9r 1istars-
i-r the c1ntl laion reached