Mountain Home maverick. [volume] (Mountain Home, Idaho) 1906-1911, 1906-12-20

Attorney Wolfe returned from
Boise Tuesday evening He had
been there for nearly week, en-
gagged in a contest case before the |
United States land office. His
clients are trying to file timber and
stone locations over homestead III
ings, alleging that the land IS not
AGRICULTURAL. 1t was first charged
that the homestead claimants were
acting for a lumber company, Tor
the purpose of securing the timber,
based on a statement made by
special agent of the Interior depart
rnent. but as no direct evidence
could be secured to suostant1ate
this charge, it was abandoned-
The Interior department. had held
I'D the homestead filings, on the
report of the special agent, when
the timber claim applicants sought
to file, so it is not a case OF ord1-
nary claim jumping. The States
man of last Friday published this
story about the case;
One of the most interesting and
important contest cases that has
ever been before the Boise land Of
flee is now being heard, having
started Yesterday. Mrs Willie H.
Galloway is plaintiff and Andrew
]. Herring the defendant
E. M. Wolfe, of Mountain Home,
is attorney for the plaintiff, while
Karl Paine and Edgar wilson, ot
Boise, represent the defendant
The defense has some IS witnesses
present and their examination re-
Quires considerable time.
The land involved is the south
half of the northeast quarter and
IF he
quarter of section %, township
north. range east of the Boise
meridian
This is the first of four similar
suits which are the result of allie
cations made several years ago, t.
the effect that a colony was to b'
located in that vicinity for the pur
pose of securing these lands Tor
large lumber firm. A large area Q
land in that part of the state r
heavily timbered with very Tin
white pine.
When these rumors of COLOMBIA
ton reached the department a
Washington orders were issued t
hold up all applications for thes
lands until a special agent could
sent At that time the lands wer
unsurveyed. Siuce the surveys hav
been completed and plats of the Ian
filed in the land office, a nurnbs
of applications have been receive
for their entry.
On May 20, 1905, the defendar
in this suit filed application for
homestead entry on the land 1
question. On the 5th of the follow
ing July the plaintiff filed app1ic:
ton for timber and stone calm
nf
filing was rejected at the Boi:
land office on the grounds that tt
homestead entry segregated the lar
for that purpose and as the hOm
stead entry was at that time b
fore the department officers
Washington, no contest could no
against it,
In the appeal taken from this d
cision the plaintiff charges that L
defendant is not bona fide horn
steader; that the homestead ent
was made through collusion wi
the Page Mott Lumber company
secure the timber on the land tn
there are about 20, 600 feet, boa
measure. of fine white pine tirnt
on each acre of the land, that t
land lies at an altitude of sol
5000 to 5000 feet and is cover
with snow for SIX to eight mont
each year; that it is rough a
mountainous and the surface cover
with lava bou1ders, all of whi
make it utterly unfit for agric
turaI purposes
For these reasons the plaint
asks that the homestead entry
cancelled and the timber entry
lowed to stand.
o1atror11e of the hearIrQ
be watched with great interest
many persons, it involves
classification of these lands
The Statesman of Tuesday sal
The contest proceedings be