The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-10-27

had besn fzverxbiy aefeS Epon hy II
lard IN rursrsoz- and has since skzr d,
srsrris-t No acts Ct orneEshsp o. n
/ sane
Acting upon stese charges. year oszce
On MAY l. 1856. directed that a hszrinl
E-he lad 10 6ernrDine TIE G0ese5szz rzises
thereby The hearinx took place befor,
The tocal of5cers in June. 1851 Bod
F0r1ey- and the eurry vxs also defends
By one John Walker. transfers. Of Czxz
n4ugh- VINO fled efsdaFifs DISCLOSING al.
interest 10 the subject matter of the cpa
I fr0verxy-
Walker further inrerposea the ob5er
ton 10 the Jurisdiction Of the Land DE-.
'.artne7f n the premises. on the ground
that fnal recent and cash entry eertif
ATE had been issued on the proofs Sub
/ mittrd- INSISTING in eject that such ~
ceipt and certificate were conclusive esi-
Se1ee of the validity Of the entry 10 al
respects. 30 far as the Land Departmeni
= concerned
Upon the testimony submitted. the 10
cal officers found against Walker. on the
question Of jurisdiction and further. that
Clusters entry was made In fraud Of
the pre-emption law. at the instance and
for the benefit of ]. III. Cayanauxh and
not for the use and benefit of the entry
man that at the date Of said entry and
prior thereto there was an agreement and
understanding that the land was 70 be
decided to Cavanaugh. which agreement
was efeetuated October 10. ISS2. at
Pendleton, Oregon. the same day that the
entry was made at this Office and there
uDon they recommended that the entry he
cancelled
From this fndinv Walker appealed
On August y. 1856 your Office AFFIRM
ei the finding below and held the entry
of Custer for cancellation
Walker again appealed. A number Of
errors are assigned by him. which
amount in substance. to contention
that said entry is not proven TO have
been made in fraud OF the law and that
vour Office acted without Jurisdiction of
the subject matter of the controversy
The final proof of Custer IS TO the ef-
feet that he is 8 qualified pre-emptor.
with improvements worth about 800 !:
that he established his residence on the
land June II 1880. and that the same
was thereafter continuous. BY the testi-
mony taken at the hearing il is shown
that some time prior to October 10. 1882.
the following memorandum of agreement.
in the handwriting of Cavanaugh. was
made and signed by Custer and Bro.
namely:
PENDLETON. OREGON. 1882.
This memorandum. trade made this day
betreeH John Custer Gad Josiah Custer
and J. FL. CaraHGugh, IN terms foiloIciHg
Casters sell asd agree TO coHrey to Care
HaHgh the n. W. IA and g. E. II of
Sec. - ithirfg-ticol. toicnship . north.
of range 81 east. at the fired price OF
fourteen hundred doiIars-dseded-i
other tcords, this agreement is intended
TO be a memorandum of terms aud price
Of fke land ADORE named. tchich Clusters
hereby agree and bind Themselves TO deed
to CardHaHqh as soon as title IS obtained.
CUSTER < BRO.
The final proofs of both John and Jo-
siah Custer were made before the same
notary and on the same day. Cavanaugh
paid all the costs and fees in both cases,
when the proofs were submitted to and
approved by the local officers. Some time
prior to the date of making proof he ne
gotiated a loan of $500. on the land in
question. by the Oregon and Washington
Mortgage and Savings Bank of Portland.
Oregon. to secure which a mortgage was
given by John Custer on the land, Octo-
Der II. 1882 Ii is also shown that Caya-
naugh was in the habit of contracting for
the purchase of lands covered by similar
claims. and then negotiating loans there
on ostensibly for the benefit OF the claim
ants. but appropriating the money to his
own use. On the same day that the final
nroaf was acted upon by the local officers