The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1903-11-10
DECISION AFFIRMED
LOCAL LAND OFFICERS ARE
BACKED UP BY DEPART
MENT.
The Homestead Entry of Priscilla n.
Burr Is Ordered to Be
Cancelled.

a decision in the matter Of the con-
test against Homestead entry NO.
1888, committed to cash entry No. 1913
by Priscilla Burr for the west half OF
northwest quarter and the northeast
quarter of the northwest quarter of
section Z, TIP. 7, R. 35, in which the
decision of the local office is affirmed.
A. E. Hupp was the contestant and
was represented by John H. Pedigo.
The decision follows:
On April 8, 1899, Priscilla H. Burr
made homestead entry No. 1888 of
VIZ NWA and NEA NWA of Sec. 7,
TIP. N, R. 35 E, which she commut-
ed to cash entry No, 567S, and received
final certificate No. 567s.
A duly corroborated affidavit Of con-
test was filed against said entry
charging:
That the said Priscilla H. Burr did
not at any time between said Sd day
of April. 1899, and the 30th day Of De-
cember 1901, establish a residence or
reside upon the above described lands;
nor did she live upon. improve and
cultivate said lands for the required
period. That the said Priscilla H.
Burr, during all the time between the
said Sd day of April, 1899, and the 3Oth
day of December, 1901, absented her
self from the said lands; and that her
absence was not due to military SER
vice.
He further alleged that defendants
proof was and is, not true.
Pursuant to letter H of October
%, 1902, a hearing was ordered and
had before you on January 6, 1903,
! both parties with counsel being pres
ent, and on June l, 1903, you rendered
joint decision and say: I'm our opin-
ion, the entry should be cancelled"
One June %, 1903. defendant appeal
ed.
In her final proof defendant sWore
hat she had resided continuously
On the land since establishing resi-
,lence thereon" and she was absent
1T one period five months teaching
school, earning money to improve the
land" and support herself, otherwise
she has resided continuously on the
land" and that she has one hundred
and twenty acres in cultivation, rails
ed two crops. Land is now seeded
In her testimony at the trial of the
her residence on the land July 6,
1899, | think" and remained there one
night and two days; that her visits to
the land were. most of the time as
much as five months between times"
because as she says, she was teaching
and could not go there and stay there
more than one or two nights at a
time" but she visited the land "at
least fourteen times and she was
never away six months at any one
time
She further states she is sixtysiX
years of age, in poor health, teaches
school for living, and did not think
it safe to stay on the land by herself;
that when she went out to her home
stead she took provisions with her.
When asked whether she had been
informed that it was only necessary
she answered.: l don't know that l
ever was; l know that that was the
general impression, that you didn't
have to go there very much. L know
that | could not absent myself over
six months. but | don't think that |
was told that if I went only once in
six months that that was enough; that
she staid on the land as much as she
was required to stay, under the cir
cumstances, owing to the condition of
her health, and her age.
1t appears from the testimony of
witnesses residing on lands adjoining
the land in controversy, and others
living in the neighborhood, that de-
PENDANT has never established and
maintained her residence on her home
stead.
Defendants brother has had the
land under cultivation for the two
wears since she entered it, and he rails
ed more than one thousand sacks OF
wheat on it, yet it does not appear
that any improvements have been
placed on the land since making her
entry, except "a lean to- has been
built to the house which was already
on the land, and cost SIS or $50.
1t also appears that the defendant
| has continued to reside with her
brother, with whom she has resided
| for fifteen years; that she has been
! teaching school in Walla Walla. for
fifteen years and was teaching when
she entered the land. and has con-
tinued to teach there ever since; and
that since filing on the land she has
taught private schools during the va
| cation of the public school.
| 1t further appears from the testi-
| nony of two regular practicing ply
| sicians who have known defendant for