The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1902-08-02
FINAL DECISION
IN A FAMOUS CASE
Dnnham Wins Heated Land
Contest After Eight
Years

Perry, Okla, Aug. 1--No contest
case in Oklahoma has been fought SC
persistently since the opening OF
lands to settlement in the territory
Il has traversed all the routes pos
sacle several times over and thous
ands of dollars have been expended in
litigation which has been actively in
progress since 1898.
In finally awarding the iand to Mr.
Durham. we in common with major
ity of persons familiar with the case
cannot help but think the secretary
has acted wisely and awarded the
land to the party who was rightfully
entitled TO il and who has resided ON
the land continuously since making
settlement and has brought it up to
the very highest state of cultivation
possible under the circumstances.
Following is the secretary Of inter
ior's letter in full:
"The case comes before the depart
ment on the petition of eagle for re-
view of the departmental decisions
heretofore rendered eagle asks the
exrcise by the department of its su.
pervisory authority and the reversal
of the above mentioned decisions.
"The petitioner claims mis-state-
ment of facts in the departmental de-
cisions, to his prejudice fraudulent
practice on the part of Dunham in Sc
curing his homestead entry. and in
trying to control the testimony of
eagles witnesses. also that there was
unlawful conduct on the part of the
local land officers in connection with
the case. and especially that A. fl.
Eoles, the register before whom the
last hearing was held. had formerly
been the attorney for eagle in the
case and been by him discharged
therefrom. Accompanying the said
petition was quite number of affi-
davits touching the foregoing allega-
tions
THE department before taking ac-
tion in eagles petition an ex-parte
showing. required eagle to make ser.
vice thsreof upon Durham, and as a
result thereof the latter has filed a
counters howing containing an answer
tc the allegations of eagle seriatum,
together with large number of affi.
davits including those Of Register
Boles and Receiver Scott of the To-
cal land office also copies of testi-
mony, exhibits.
From a careful examination Of Tie
showing made by both eagle Gnd
Dunham there appears to be noscsuse
fol granting the petition of eagle.
"The showing made by Dunhaa is
very full and complete refutatioa Of
the allegations made by eagle. No
misconduct on the part of the local Of
ficers appears. AS to the claim that
the register, Boles. had formerly
been an attorney for eagle in the case
no evidence thereof was submittd:
but it appears from the AFFIDAVIT OF
said Sales that some time after the
opening of the Cherokee strip in
which the land in controversy is sit
uated. the Arm of Boles and Hoi
land. of which Register 8oles was
then a member, did some clerical
work for eagle in drawing up his
homestead application and some affi
dayits in connection Herewith and
probably protest affidavit for eagle
against the right of one Walden, to
make entry of said land, but that said
fl mwas not retained or otherwise
employed in said case or in any man
ner employed in the case at bar
which arose subsequently thereto.
ut appears that the case has beer
fully and fairly tried and that there
is no good ground for eagles com
plant of the conduct of the local Of
fioers at the last hearing.
"The motion is denied and the pa
pers in the case are herewith return
ed for the files of your office"