Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1904-04-14

in the summer. That il is good agricul
tnral land and one of the best quarter
sections for that purpose in the town
ship. That there are places of two o.
three rods that can be prepared for cult
walton without o,her work than grubbing
Joseph W. Campbell testified that the
chief value Of the land is for agriculture
purposes as large portion OF it is creel
bottom and can he as easily cleared as
the general creek bottom land in that
country.
As to Lyons acts of settlement, he
testified that he went first upon the land
September IL, 1901. with view to taking
it as a homestead. That he found a
cabin on the place which he bought from
Hiram Hulet. The house is 14x24 and
in good habitable condition. That he
opened up a trail to the house which he
worked on at different times including in
all five days. That he laid floor in the
house 10x14, made bedstead, two
stools and u door. That his improve
ments we're worth $75. He testified that
from September II to November IA he
was on the place three times, that he
stayed eight or nine DAYS the first time,
seven DAYS the second time, but he does
not remember how long he stayed the
third time. He cooked and ate his
meals at the house but only slept there
three nights. He fixed up the house
about two weeks after his settlement and
furnished it with bedstead, table,
stools and some cooking utensils.
Hiram Hulet testified that he built
house for party in Tacoma who did not
pay him Tor it and he sold it to Lyons in
September 1901 for $40.
Joseph w. Campbell testified that he
was with Lyon September IL, 1901 when
he settled on the land and assisted Linn
in putting down the floor and making
the stools, door and bedstead. That he
helped Lyons to clean out the trail which
is the same trail that witness uses in
reaching his claim. That Lyons i'm.
provements are worth 500.
Lyons testified that his family had
never been upon the land with him and
that they live at aberdeen Gardens"
ten miles up the Wishkah where they
had lived for three years. But the resi-
dence of his family upon the tract was
not essential to the validity OF his settle
ment and that question was not material
in determining his right as against the
timber land claimants. 1t was only
about two months from the date of his
settlement to the date when the land
was subject to entry and less than four
months from his settlement to the date
of the hearing. The failure OF his family
to reside upon the tract with him during
that time was not a Noncompliance with
the homestead law and does not of itself
impeach the bona fdes Of his settlement
or raise any presumption as to his in
tenton. His settlement was 80 notorious
that every person would have been put
upon notice Of his claim by making even
the most careless examination Of the
tract. The only question is whether
that settlement was made with the bona
fide intention of following it up by resi-.
dence, cultivation and Improvements as
required by the homestead law.
Every presumption is in favor of the
bona fides of the settler, and bad faith
should not be imputed except upon
proof OF facts or circumstances Inconsist.
ent with an honest intention to take the
land for home. AS no such facts or
circumstances appear in this case your
decision is reversed and the entry OF
Lyons will be allowed.
The papers are returned herewith.
Very respectfully,
f.. A. HTCHCoCK,
Secretary.