Amador ledger., 1909-05-07
Important Decision Affect
ing Homestead Claimants.

ana receiver are sustained In an lm
portant decision affecting homestead
ers. AS far as known, no similar
case has ever reached the court of
last resort, and it will probably furn
ish a precedent for the adjudication
of all protests against granting
patents to homesteaders who have
technically violated the law. but full
filled its spirit.
The secretary OF the. interior APP
proves the ruling of Gen, Prescott
and o. X. W. Robinson, the Los
Angeles officials, in interpreting the
land law IN broad and cUmprehen-
sive manner. The glst of the opinion
is that the government is disposed
to aid all persons who are trying to
improve homestead grant, even II
they fail in some particulars in
carrying out the provisions of the act.
The case was that of John l.. Wig
nes, grandson of Louis VigDes, one of
the first men in California to propa-
gate grapes for commercial use. lie
filed homestead entry UPON noun
tain, ranch near Newhall, and at
once began its improvement.
When he tried to secure final proof,
protest was entered to the effect
that he had not lived on the land
continuously and had not made the
place his bona tlde residence. When
the special government agent made
report adverse to the homesteader,
the entry was suspended and a hear
ing ordered before the local officials. |
But tho entryman had shown such |
desire to improve his place and to
make it the permanent home of his
family that the officials decided in
his favor. On appeal, the commits
sioner of the general land office re-
versed the local finding. Vignes then
took his case to the secretary of the
interior and it was decided in his
favor
In the decision, reference is made
to the clear and correct statement of
the Los Angeles officials and their
ruling is quoted in full. 1t will be
incorporated in the records of the
department and become one of the
leading cases on the point at issue.
A part of the synopsis of the case
deals with the technical and legal
points. 1t is then stated: 1.-The
homesteader established actual re-
sidenoe in January, 1901. The i'm
provements INCLUDED house of three
rooms, valued at $3.50, shed and
corral, worth 500. and wire fence
inclosing about ten acres, costing
S1O0.
'Vignes developed a spring, with
water sufficient for domestic puI-
poses and the irrigation of half an
acre. There was no road or trail, and
he had to haul his lumber on a sled,
using four horses to haul six Eoards
at time. He carried groceries,
lumber, hay and furniture to the
place. and finally spent $500 in con-
structing a road.
hib6OO hhh AOO hCuO u Oubblb
grazing on his and sdjoining lands,
and never had less than forty head of |
cattle during the past six years. lie
had been absent from the land half |
the time, one to three weeks at a
time.
"Vignes gives two reasons for this
manner of life. One is that the
children must attend school, and
that he bad to absent himself in order
to earn money for the support of his
family. The circumstances are such
as to make the explanation salts
factory"
Reference is made. in the decision
to the special agent OF the govern
ment who was sent TO Investigate.
lie advised the rejection of the final
proof on the land on the ground that
the claimant, through his attorney,
had admitted he had not lived on
the land with his family as required
by law through the homestead period
of five years. This admission is dis
claimed by the attorney and his
client. The register and receiver.
upon the showing, ruled that the
proceedings for the rejection OF final
proof be dismissed. aud that the
entry should be passed to patent.
Upon appeal, the commissioner ad-
hered to the strict ruling of the law,
and reversed the local officials But
the final authority, the secretary of
the interior, states in addressing the
| cnm missInnar that thn laIEnr arrad