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

AR4rIEI Lt#tIF &X10 +&<EH3rN ML E~EM&E&fIN.
0xrssz 4 iced af cuzvEgznes ef the land
In csestfon 10 cavxnzrxk for she states;
cszszderzglou 81 500 Pen6I<son >
shown to - sozae 6ftv sniles distant FROM
fke lQcEi e5ce and n . dz1erzrs c0unxT.
and AZ Tat tine RE mail c1zmuniSs<ton
befwpea the rwo psares ~zs b. sfsxe.
Notice of tie 4crspsance Of CEsters pr1os
On Ocfseer Is. 1SS- was given bT the
local efzesrs thr0eEh she Bxii- and hrs
6nal receips and cash entry eertfS<ste
E<rz forxzrsfed to hiu tnrp1gh The sane
sa1rcs ard Il : shown thar both wers
mailed az the bocal otEce not earlier than
the ereninz Of October 10. ISS7 Il thus
appears sksr the deed Of CONVEYANCE fr011
Custer 10 CaYanargh Vas made and exc
euvsd before the final receipt and esrti1-
rate were received by the former
Another memorandum in the hand
writing of Caranarxh Is found in the
eviderep which IS signed by the Custer
brothers. and Is IN words and figures fol-
loving.
Pens1sfoa. Or,gon. Oct. =. 1882
RereireS from J. H. csrsnsssh psE
asenf n fill for tie folloscfRe lasds deed
ID fhis day 10 carsHaHsh. 70 cit
and IN faH gsg-
meat Of ell debts. deeds and demands Of
ercTy HAD sHS character
JOSIAH CUSTER.
JOHN CUSTER.
Custer never exercised any acts OF own
ership after the date of his said deed 10
Cavanaugh Custer himself testifies that
BE got from Cayanaugh about $500 for
the land He swears in his final proof
that he was then twensy-foHr years of
age. but at the hearing. over two years
after his preof was made. he swere that
ne would he twenty-three years old in the
following December. Other witnesses.
however. testify that he Is a man of weak
mind and bad memory and that he WAS
almost entirely under the control OF his
brother Josiah. who appears TO have
been acting in the interest OF Cavanaugh
in reference 10 both entries
On November "a 1882 Cavanaugh
sold and conveyed the land 10 Walker.
for the stated consideration of 5000.
Walker claims 20 have purchased in good
faith without notice of any fraud in the
entry. He states that he examined the
record of the title 10 the land and found
il in all respects clear and uuincum-
bered except by the aforesaid mortgage
of $500. which he agreed to pay of as
mart of the purchase price of the land.
Cavanaugh was not present at the
hearing. and does not appear 10 have Ia
ken any interest in the controversy.
! am satisfied on a careful review sof
all the evidence in the case that there
was an agreement and contract made by
Custer with CavanSueh. prior to making
final proof. TO convey the tract in ques-
ton TO the latter upon receipt of final
certificate by the former. and therefore
that said entry was fraudulently made
by him. :
In the Revised Statutes of 1873. Sec
ton Al provides
The Secretary of the interior "a
charged ,cifh the suDerrision of public
business relating 70 The follo'rins sub
secord-Thc public lands. includ;no
mines
Section 4.s3 provides:
The Commissioner Of the General Land |
Office shall perform, under direction of |
the Secretarv of the IHterior. all cree |
Hfire duties pertaining TO fhe surveying |
and sole of The public lands of the Uni |
ted States. OR IN ANY WISE RE- |
SPECTTNG SECH PUBLIC LANDS, !
md also such as relate TO nitrate Claims
IF land and the ISSUING OF PAT |
EN1iS for all grants of land under the /
authority of the Government.
When one considers the nature of the |
public business relating to lands, and the
node of conducting it. as prescribed bv
me statutes. the comprehensive grasp of /
his authority and the snfficieney of /