The Ordway new era., 1909-12-24
Contest Notice.
DEPARrMKSr or THE INTERIOR.
United States Land Otfice.

DEPARTMENT or THE INTERIOR.
United States Land Office.
Pueblo, Colorado. November 10. 1909.
A sufficient contest affidavit having been
fled In this otfice by Augusta Nitz, contestant.
against Desert Land entry No. 1854. made
August 10. 1897. for Lots 3, !. sh NwA. Sec
tion 5, Township 30 8. Range 81 W. by Charles
W. Nits, Conte-tee In witch Is alleged that she
is the wife of said Charles W. Nitz. aud that
she has i've children whose ages range from
six To twelve wears. of whom she Is the sole amt
only mAintenAn,e and support. said children
reside with her aud constitute her family;
That she Is deserted and abandoned wife,
her rAid husband. Charles ". Nitz, having who'-
ly and definitely and absolutely abandoned her
permn nently on or about the Ith day OF August.
| A. d. 1890: that he lett the State of Colorado,
declaring that he had no Intention OF ever re-
turning or living with afhant again, and that
she believes that he will never return. In con-
| sequence whereof she Is lett the head OF the
aforesaid family. and Is CHARGED with the main
teuance and support thereof;
That during the second year after entry, end
ing August 10. 10 .. and down to date OF this
| affidavit of contest. said Charles ". Sitz wholly
| failed to eSpend the sum Of one dollar per acre
or any other sum OF money In the reclamation
/ OF thiu desert lbHu suNtNs AAht lHt eHlf
reclamation and improvements made upon said
land during the second year after entry aud
down to date OF this affidavit OF contest. con
| -ist OF certain improvements made by affsns
alone after he was deserted and abandoned ON
August !, 1893. as aforesaid,
| Arhsnt states that she furnished most of the
,ubsts nee and mean. which entered into the
imp ovements made during the tirst wear after
entry. ending August 10. 1915, A. shown IN tht
| nr-t years annual proof tiled by said Char es
W. Niiz. and that said Charles W. Niiz got the
benefit of same during the inst year. but thai
the Improvements made upon said land by
Atfant alone aud In her own behalf since Aug
u-t !. 1909. when she became wholly abandoned
and deserted as Aforesaid. which consisted oi
plowing part of said land and the commence
ment OF the construction OF n reservoir, with
| the intention of applying same upon her oAn
| desert land entry which she desires to make
| upon said land. were not made Tor aud In the
interest OF said Charles W. NiIz. but solely and
only In the Interest OF afiiant. II. u deserted
wife and the head OF a family.
| Therefore, by reason OF the foregoing facts
siiant hereby specifically charges the failure oi
said CHARLES ". Nitz to do and perform upon
| said desert land entry IL the requisite stAtu-
tory work. or to maze the necessary statutoT,
1
| said claim. for and during the second year
after entry, ending August 10, 1870, and CON
| tinLinx down 10 the date OF thi- AFFIDAVIT OF
| contest.
| AihAnt further specifically charges that said
| Sitz. after the Aforesaid de-ortion ami ahan
| donment. attempted to speculate Ia the sale OF
| the REIMBURSEMENT OF -aid claim. and that he
| left tn. State OF Colorado permanently. dcclar-
| iug he had given up and abandoned said desert
land entry, aud would have nothing more to dO
| with same.
| Now. Therefore. said parties are hereby noti-
| ied to appear. respond and offer cvidenc,
| touching said allegation at 10 o'clock a. IN. on
| February =. 1910. before the Register and Re-
| ceiver at the United States Land ofhce In
Pueblo. Colo.
| The said contestant having, in proper aft
| dav.t filed October Is, 1879, set forth fact.
| ~hich show that after due diligence personal
| service OF this notice cannot he made, n IL
| hereby ordered and directed that such notict
be given by due and proper publication.
$. A. ABBEY Register.
First publication Dec II.