Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-10-30
ENGELIS'ii APPEALS; FOR
RELIEF FROM filing.
JUDGE WITTEN DOES NOT SEE
HOW NEBRASKA MAN CAN
RELINQUISH FIRST ENTRY.
WILL PROBABLY LOSE HIS FIRST
PRIZE THROUGH HAVING
TOO MANY IRONS IN FIRE.

Y IN"
TOO MANY IRONS IN FIRE.
Butte, Neb., Oct 29.-Willjam j
Engel, who was awarded No. iE the
drawing at Aberdeen, filed on a quar-
ter section of land six miles from
Rosland, Trip county, South n 'kota
He will relinquish, If possible, and
file on No. 1.
Mr.. Engel was born in Germany in
1880 and came to America twenty
years ago and settled in North Bend,
Neb. His father died there and with
his mother he moved to Boyd coun-
ty, and purchased a farm six miles
west of Butte.
He is an unassuming young man
not married and is the sole support
of his mother on the farm, and by
doing odd jobs.
When interviewed by a press cor
respondent he was husking corn for
his brother. He said that he regis.
tered at Pierre, Oct. 10, before Miss
Anna Davis, notary. He does not
believe that the date of his registry
had any influence upon his subse-
quent bad luck in losing bis home
stead right to take No., /.
Aberdeen, Oct. 29.-Judge Witten
says there is no way in which w.
j. Engel, winner of No. /, can avail
himself Of his opportunity since he
has filed upon a homestead in the
Trip county government tract.
If he had only been patient enough
to throo 6ovc 1nnoor hpor
from the result of his registry for a
farm in the Indian reserva ton, he
would today be vastly better off. But
Engel hadn't much faith in his chance
for drawing something good in the
distribution in this city, or else he
was afraid of the hoodoo IS. the date
on which he registered. In this case
it brought him good luck, but his own
anxiety to possess bird in. the hand
rather than wait for the claim in the
envelope here, spoiled his chance.
What He Got.
Rather than wait to see what his
luck would be in the drawing, Engel
took claim in the Dakota land
which was thrown open d year ago.
In this tract there were 5000 claims
At the first of this $3.50 Of these had
been filed on, leaving 2,130 to pick
from. It was one Of these, the last
third of the whole number from
which Engel chose his farm. He
really got No. 1871 out of 5000 Farms
rather than No. among 10,G0f, if he
had waited three little days.
Engel Wires for Relief.
Tn frortin fo.. ra1;of fr4x,,
his dilemma of possession of a home
stead he doesn't want, Mr.. Engel
telegraphed Judge Witten yesterday
to find way out Of his pre6icament
He wants to throw up the farm in
Trip and take No. / west of the riv-
er, Just how to do this was the bur-
den of his appeal.
Judge Witten told him that there
was no chance to get loose. He told
him that the law was explicit upon
this point and he must stay by his
choice. The laws of the land office
will permit no man to file upor more
than one quarter, except under one
exception, and Engel does not come
under the operation of this excep-
ton. 49,.
What the Law Says. n
The law governing the second
homestead entries dated Feb g., 1908,
says:
"That any person, who, prior. to the
passage of this act, has made entry
under the homestead laws, but from
any cause has lost, forfeited or aban.
doned the same, shall be entitled to
the benefits OF the homestead law at
though such former entry had no,
been made. Provided, that the pro-
visions of this act shall not appl,
to any person whose former entry
was cancelled for fraud or who relin-
quished the former entry for valu
; able consideration" -.
II Engel had lost his entry previous
to Feb. 8, 1908, he would be entitled
| to enter again, but since that time
the law is final upon the point Of the
use of the homestead privilege more
than once. Each man has right tc
enter for homestead once ana En-.
gel used his in Trip county In. tead
OF waiting the fortune laid ,uron him
In this city Tuesday by the little hand
| of Josephine Burke. @3
Ace Of Spades Trump.
The disqualification of Engel puts
Calvin Bowdry, the Bismarck, N. D.
negro porter, as the high man, and
| advances all the numbers down thu
list one point. Thus a co'ored mar
wins the grand prize in the drawing
OF the 10000 farms in the reservation
the first time such an outcome hal
ever been known. No. 1c3. j. b
Tucker, is also a co1ored man run
ming as porter between Aberdeen ant
| Minneapolis. &E<
| G<NF,nr TYno,, al a. 49, u,