The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1908-05-13
THORNTON CASE
HAS REEVE RSAL
GARFIELD PERSON
ALLY GIVES OPINION.
ATTORNEY NEAR BEING
DISBARRtD FROM PRACTICE
His Picturesque Flow of strenuous
Language Causes Hot
Legal Discussion.

one of the most Important and in
teresting decisions 10 come before
the land office in years is reversal
of land office opinion in the case
of Marvin f. Thornton's homestead
entry which was held for cancelll-
ton December ). 1906 Attorney w
NJ. Thompson represented Thornton
and through senators and congress
men from this state secured direct
consideration of the case from Sec
rotary Garfield, wno has personally
given a reversal.
So strong was Thompson in his
language when presenting his objec-
tions to Garfield that attorneys for
the opposing parties made a tempts
to have him forever dishalred from
practice before the land office.
One OF his strong objections 10 the
decision of the commissioners as
originally holding for cancellation
the land of Thornton was the fact
that the papers representing this val
uab,e land had TO pass through the
hands of "SGo-a-month clerks in
competent to handle such business :
He insinuated the decision WAS legal
highway robbery and used similar
strenuous expressions which We e
oiious TO opposing counsel.
The land in question il wo.th So
600.
Reasons for reversal by Garfield
are found in the following excerpt
from his final decision:
In view of the grounds urged as 4
basis for this motion. and the mat
tiers so strenuously urged III support
thereof. the department has again
carefully examined the en- ire rec
ord-the substance of which has
been heretofore set our somewhat IN
detail. Upon careful consideration
thereof il is found that the entryman
did not continuous y reside on the
land. nor did he in fact state with
clearness the different periods or
lengths of time he was there. His
improvements however. were ample,
and, while he was engaged at work
elsewhere, he seems to have eXpend-
ed a subs antial part Of his earnings
in such Improvements of his entry.
II is clearly shown that none OF III
land in that vicinity will successfully
produce crop without irrigation, and
that while claimant had never pro
cured water right, the testimony
tends 10 indicate that the constrnc-
ton OF an irrigating system in that
locality was being seriously contem-
y ated az the time OF contest. which
would then make it possible for him
10 secure water for the cultivation OF
this land. knowledge of this fact
appears TO have, in part at least.
prompted this contest. But conced-
ing even that claimants residence
on the land was somewhat meager,
the preponderance of the testimony
clearly establishes that he pur-
chased lumber and building material
from the Kennewick Lumber COM
pany. which We're brought to the land
where he had built substantial
house, in accordance with his prior
plans. in which labor he participated,
and that while the affidavit had then
been filed with the local officers. he
had not been served with notice
there, nor does it appear that he had
any knowledge of the contemplated
contest. In view of this fact, and
having in mind the long and uniform
holdings to the effect that the con-
test must fail where prior 70 proper
service of notice thereof the entry
man has in good faith cured his
latches. the department is of the
opinion that the contest should be
dismissed and the entry remain in
tact, subject 20 future compliance
with the law, and il is accordingly so
directed.
The departmental decision of July
10, 1907 is hereby recalled and va
Gated. and that of your Office of De-
cember 8. 1906, reversed.
The papers are herewith returned.
Very respectfully,
(Signed)
]. r. GARFIELD,