St. Landry clarion. (Opelousas, La.) 1890-1921, 1909-10-09

Henry Vim on Section IL. The.
also submitted a certificate by tn,
proper county official that the Ian,
had never been listed for taxation
until 1906, when the tax was paid
by William Johnson who fled The 40.
plication IN behalf of the heirs d
Cole. They also stated that they
were actual settlers on their respec.
tive claims upon which they mads
valuable improvements and that there
is no possession held adversely to
them.
Upon the filing Of those afidavits
the Department by letter Of July 20,
1908, ordered 4 hearing between said
parties before the local officers to de-
termine as to the truth of said ale
cations and whether the entries Of
Cole for the tracts in question should
be cancelled upon the records with j
view to the allowance of the applica-
ton Of johnson and Manuel.
The record Of that hearing was
transmitted with your letter Of June
Z, 1909, in which you find from the
offered at said hearing
that Cole never complied with the
law; that bis heirs have not exercised
dominion over The land for more than
forty years, and never made any
claim to it until 1906; that the i'm
provements placed upon the land by
johnson and Manuel are valuable.
You express the opinion that the en-
tries Of Cole should be Cancelled upon
the records, and that johnson and
Manuel should be allowed to perfect
their homestead applications.
The record Of hearing upon which
your decision was based sustains by
sufficient proof tho allegation Of john
son and Manuel that the land had
not been ID the possession Of the
heirs and legal representatives Of
Cole for more than forty years, and
that they have not paid any taxes
assessed against said land until the
voluntary payment made BY their
representative in 1906. It also sus-
their charge that the remains
Solomon Cole are not buried on
land in question, and the weight
the testimony is to the effect that
% member Of the family is buried on
aid land, and there il no testimony
definitely that there Is a
graveyard Or grave upon said land.
Since that action by your Office, ..
Hagerty. attorney for the heirs of
solomon Cole, has filed ii the Depart
aent 8 motion for q reopenings Of
his case on the ground Of newly
evidence tending to show
hat additional credit after August
%, 1926, was extended 10 Solomon
;ole;g that at the hearing at OberIin,
September %, g and "a.
sos, there was much false testi
1ony regarding the values Of i'm
rovements, acreage, cultivation, etc."
hat the heirs of Cole always lived
pom said land until the breaking
ut Of the Civil war, when being
ym~pathzers With the Union cause,
hree of the Cole men enlisted in the
Tnion Army and joined General
'anks' forces, serving with them and
ever returning, and no doubt losing
heir lives and that the abandon
lent of the land by the heirs Of Cole
-as because their widows and child
"a were driven from their homes on
he Cole lands, and their homes were
urned BY order of the Confederate
Ulcers The motion is supported
I afidayits.
II the only object Of the rehearing
to establish the fact chat the heirs
t Cole lived npon the land until the
reaking out Of the Civil War, and
rat they abandoned the land because
| the burning Of their homes BY
onfederate authorities, it would not
.ucidate the issue and no purpose
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