The Ordway new era., 1909-12-17
Contest Notice.
DEPARTMENT OF THE INTERIOR.
United States Land Oificc.

DEfAhIMENI OF lNIkhlph.
United States Land ofiicc.
Pueblo, Colorado. November Is. 1909.
sufficient contest affidavit having been
filed in this Office by Augusta Nitz, contestant.
against Desert Land entry No, 1881, mad,
August 10. 1907. for Lots ., I, sia NwA. Sec
ton 3, Township 20 8. Range 81 W. by Charles
W. Nitz, Contcstce, In which is alleged that she
is the wife Of said Charles W. Nitz, and that
she has five children whose ages range from
six to twelve years. OF whom she Is he sole and
only maintenAnc &c and support. said children
reside with her aud constitute her family;
That she is n deserted and abandoned wife.
her said husband, Charles ". Nitz, having who'll
ly and definitely and absolutely abandoned her
perma nently on or about the 9TH day OF August,
A. d. 1909; that he left the State Of Colorado
declaring that he had no Intention Of ever re-
turning or living with affnnt again. and that
she believes that he will never return, in con-
sequence whereof she is left the head OF the
aforesaid family, and is charged with the main.
tenance and support thereof;
That during the second year after entry, end
ing August 10, 1909. and down to date OF this
affidavit of contest, said Charles W. Nitz wholly
failed to expcnd the sum Of one dollar per acre
OF any other sum OF money in the reclamation
of said desert land entry; aud that the only
reCluU1htlOu anu houc apob "Aiu
land during the second year after entry and
down to date of this affidavit Of contest, con-
sist Of certain improvements made by afant
alone after she was deserttd d and abandoned on
August I, 1909. rs aforesaid,
Afiiant states that she furnished most of the
| substance and meanr which entered into the
improvements made during the first year after
entry, ending August 10, 1908, rs shown in the
rrst years annual proof filed by said Chares
| w. Mite, and that said Charles w. Nitz got the
| benefit Of same during the first year; but that
the improvements made upon said land by
afiiant alone and In her own behalf since Aug
| ust Z, 1909, when she became wholly abandoned
| and deserted, as aforesaid, which consisted OF
| blowing part Of said land and the commence
ment Of the construction OF reservoir, with
| the intention Of applying same upon her o"n
desert land entry which she desires to make
upon said land, were not made for and In the
interest Of said Charles w. Nitz, but solely and
| only in the interest Of sfiiant, as deserted
wife and the head of family,
Therefore, by reason Of the foregoing facts,
afiiant hereby specifically charges the failure OF
said Charles w. Nitx to do and perform upon
said desert land entry 1884 the requisite statu-
tory work. or to make the necessary statutory
expenditure of one dollar per acre upon the
after entry, ending August 10. 1909, and con-
tinuing down to the date of this affidavit Of
contest.
Affiaut further specifically charges that said
Mite, after the aforesaid desertion and aban-
donment, attempted to speculate in the sale OF
the relino uishment Of said claim, and that he
left the State Of Colorado permanently, declar-
| ing he had given up and abandoned said desert
land entry. and would have nothing more to do
with same.
Now, Therefore. said parties are hereby mott.
touching said allegation at 10 o'clock .. m. on
| February Q, 1910, before the Reeister and Re
cetver at the United States Land once In
| Pueblo. Colo.
The said contestant having, in proper ~. :iti
| dav,t died October %, 1oU0, set forth facts
which shsw that after due diligence personal
] service Of this notice cannot be made, y 10 -
/ hereby oSdor0d and directed that such notice
/ s. givsn by due and proper publication.
! "a. ABBEY Register.
rins pabiisatien pse, II.