The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1904-05-20
LAND MATTERS.
Many Interesting Decisions in
Land Matters.

rejected in decisions received from
Washington by tile Duluth land
officials. The cases were those Of Clary
Lockerby VS.. William e. White,
Alice Lockerby vs.. Joseph NJ. Wise
and James l.. Lockerby vs. George
SchwirtZ,
In each case the decision found
that the contestants had filed against
claims which had been entered, but
on which communication proof had
been rejected owing to the fact that
the entrymen had not fully complied
with the law in making settlement.
White had filed on lots and 6 and
| the WI mel section II, 1922. He had
improved it but owing to the severity
of the weather, the ill health of his
younger boy and the distance from
any school house, his family had not
moved on the claim with him. The
secretary of the interior had found
that his intentions were good and
recommended that he be allowed tC
|
fully comply with the law
The contest was then filed and was
rejected on account OF the fact that
the entrymen had on receipt of the
secretary's decision Immediately pre-
pared to fulfill the requirements of
the homestead laws.
George Schwritz had not proved up
on the net set section 10 and the nj
sw4 section ii, SO %, on account Of the
| illness of his wife. The same decision
had been rendered in mis- case before
the contest was filed.
The secretary's decision in the case
of Joseph E. Wise for lot Z nw4 set
section IL, 1922, and lots and Sec
tion 7, 1921 had been rendered on the
grounds that there was at the time nc
other CLAIMANT to the land, although
lie had no extenuating circumstances,
save the severity of the weather for
not residing on the claim.
In all cases improvements on the
homesteads had been made by the
entrymen.
The contest of Charles w. Drake
against Wilbur B. Neal for lots and
and the ct swt section II, township
SO north of range % west, was rejected
Monday in decision received at the
Duluth land office.
Neal had filed for the homestead
| but claimed that on account Of the
sickness of his wife, he has been un-
able to take her to the claim, He had
spent more than six months on it and
made various improvements. such as
building house and barn, clearing
several acres and building road.
At the time his proof was rejected
he appealed the case and the secre-
tary of the interior found that mas
much as no contest had been filed,
and that he had shown the good faith
of intention he should be allowed to
comply with the law in order to secure
his homestead.
He Immediately took steps to visit
his claim, when Drake filed the con-
test. In view of the fact that he had
started to fulfill the land laws, the
contest was rejected.
Although Frederick lehman filed
on one homestead and lived on and
Improved another, he was given title
to the second in decision of the
general land commissioner, which
has been received by the Duluth land
officials from Washington Yesterday
The application for title to the sec.
ond homestead was once refused, but
a rehearing of the case was allowed
on account of the apparent good faith
Of the applicant.
The mistake is an uncommon one
and was made in this case through
/ the carelessness Of a timber cruiser
whom lehman had engaged to locate
him on tract OF good farm lane
with large meadow fronting on q
lake. Corner stakes and witness trees
had been destroyed to such an extent
that the cruiser gave wrong descrip
tion OF the property and lehman en-
tered piece of absolute swamp LAND
described as lots and 4, WI set, sec
tion % township go north range q
west.
The entry made, and thinking he
had the land, he settled on piece OF
land 80 rods west of the supposed
tract. Various improvements were
made, two story log house was built
"a cellar dug, frame house, chicken
coop, and barn erected. He dug a wei
and cleared five acres of land, harvest
ing two crops and cutting hay from
fifteen acres. Twenty-one fruit tree:
planted and a road one and one
quarter miles in length cut.
| Last June lehman moved his wifi
to Minneapolis on account OF sickness
and submitted communication proof al
ter due publication of notice before
United States commissioner at Inter
national Falls. and Aug. 5, 1903, re