The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1909-11-20
PROFESSIONALS
ARE Barred OUT

The officials of the United States
Land Office handed down a decision
Saturday that is of great interest
to the people of this section. In
this case the junior contestant was
granted the preference right to en-
ter the lands in question, owing to
the alleged colluston and intent to
speculate between the senior con-
testant, James Keller, and A. N.
Brown, a so-called professional con-
testant. The local land officials
took occasion to discredit "profes-
sional contestants
The decision was in the case of
Fred Lohlein VS.. James Keller, in
volving a quarter section of land in
township north, range west, and
south of Caldwell, under the Pay
ette-Boise project.
The tract of land was originally
entered by H. Earle Beatty, con-
tests being filed against it by Jas
Keller, October 20, 1908, and Fred
Lohlein, October 81, or about a
week later. On January 80, follow
ing, Lohlein, having been advised
that he could not proceed by inter
vention, filed an amended affidavit,
alleging collision and speculation
on the part of Keller, who he
charged with filing the contest to
prevent others, particularly Lob
lein, from instituting similar pro
ceedings against the entry
The Lohlein contest was then fled
as a junior contest, subject to the
rights of the junior contestant, I'M
der the practice prevailing, to offer
proof of his charges after the en-
try should have been cancelled un-
der the senior contest.
The Beatty entry was subse-
quently cancelled under the Keller
contest and the case of Lohlein VS..
Keller set for hearing at Caldwell
in May, 1909.
Arthur N. Brown was named as
the party in whose interest the
Keller contest had been filed, and
with whom Keller had entered into
a collision for the purpose of hold
ing the land for speculative purpos-
es. Brown, it was charged, had
been similarly interested in other
contests, land Office records being
introduced in evidence in support of
these allegations. By the testi-
mony of witnesses it was shown
that Brown offered to sell relin-
quishment for the Beatty tract, stat
ing: II am the owner of the claim.
Mr.. Keller will have nothing to say
about it." The purchaser was to
pay $500.
Keller and Brown both took the
stand, admitting a connection be-
tween each other regarding the con-
test but asserting that it consisted
only of an agreement by the terms
of which Brown was to receive 5000
for locating Keller after he had
secured a filing on the land.
A large number of entries of con-
tests taken from the records of the
land Office and in which Brown was
shown to be Interested were refer
red to at length in the decision.
The question at issue resolved
itself into one to be determined on
the relative credibility of the testi-
mony offered by Keller and Brown
on the one hand, and that of w. F.
Mathers and 1. C. Mathers, father
and son, who sought to purchase
the land from Brown, and the junior
contestant, Fred Lohlein, on the
other.
"The Mathers appear to have been
prosperous people, seeking land
they could proceed to improve
They also appear to have been dis
Greet persons, hesItatlng to invest
money without careful investiga-
ton of the title offered. Fred
Lohlein, the contestant here, has
testified openly and with apparent
frankness. His testimony and that
of the Mathers remained mistaken
on cross-examination. They all
told perfectly straightforward, rea-
sonable stories.
"Mr. Browns testimony In this
case Is so plainly that of an interest
ed party that we cannot give It any
particular weight In arriving at a
conclusion.
Now, as to Mr.. Keller; Mr,