Weekly Arizona journal-miner. [volume] (Prescott, Ariz.) 1903-1908, 1906-04-04
SUCCESSFUL FIGHT TO HOLD HER
HOME.

Mrs. Fannie Drew, wife Of Joseph
Drew. the champion lion hunter, has
won her fight IN the land Office To- r..
tain her home at Walnut creek, which
was claimed by the Santa Fo rail
road IN it's selection list, and for
which nn application for patent there
10 was pending. Mr.. Drew yesterday
received the decision of Receiver
liildrcth. which was concurrcd in by
Register Moore sustaining the priority
of her right nf selection. The decision
rccitng the facts of the ease IN M fol
lows:
On May :, 1905 Mrs. Fannie Drew
filed IN the local office Mt Prescott.
Arizona (now discontinued), n protest
against the patcn,ing of section a.
r - y, R6 W, by the Santa Pc Pa
chc railroad until hearing could, be
had to determine whether said pro.
testnnt was not the prior locator Of
said land To the extent Of the = r.,
=. W. IL, and W l2 Of said section.
The records of this office show that
the land is situated within the limits
Of the indemnity 600 milc) Of the
grant Of the Atlantic and Pacific rail
rond company, now known ms the Santa
Fc Pacific Railroad company. The
company, June 20, 1887, included the
land In its selection list, No. 3. for
which II designated the bases in bulk
and on March 20, is9O3, the company
was notified that the said lists were
suspended because the base lands were
not specified tract for tract.
December ~, 1893 the company In.
cludcd said section u in its list No.
~, in which basis therefor was lie.
signatcd properly, being section ~, T.
10 n, II 90 W, within the unsurveyed
Navajo Indian reservation In New
Mexico, and on February ~, 1897, u
Encouragement of said list No. II, was
filed, including the section II aforc.
said, and specifying the same basis,
but describing it according to the Ma.
vaJo survey as see. Is, I n, R4 W.
Plat of the survey Of the township
was filed in the Prescott office, June
10, 1873.
by q. l.. o., letter + of December Is,
1905, hearing was ordered to deter.
mine the allegations nv set forth in
the said protest, and this office set the
day OF hearing as March 20, 1905, at
Prescott, before j. NJ. W. Moore, u. y.
court commissioner. At this date ap.
peared Mrs. Drew In person, and re-
presented In counsel by T.. W. O'Sulli.
van, the Santa fe Pacific railroad
being represented by T. J. Norton and
Paul Burks, +. B. Perrin being repre-.
scented by H. NJ. Doe. Testimony was
introduced by protestant tending to
show the date of her alleged settle.
ment, protestee Offering no evidence.
From the testimony adduccd at the
hearing it appears beyond all doubt
that protestant settled ON the land in
1854, about three years prior to the
attempted selection Of the railroad
company, that she established there n
bona 6de residence, that she has con.
tinued to cultivate and improve the
same, and make il a home for herself
and family to the exclusion of n home
elsewhere.
From the testimony 1t proves with
out doubt that no one in the vicinity
knew that the land had ever been
surveyed, the local officers Mt the Pres.
colt office informed her the land was
un-urveyed, and naturally II was in
her mind that the land was unsurvey.
ed. Her good and honest intentions
have been shown by the long and con.
tinuons residence.
This office feels that she should be
allowed to enter the land and recon-
mends that the selection of the rail.
road be disapproved, and that the
homestead application Of the protest
ant now on file in this office be allow