Elmore County Republican. [volume] (Mountain Home, Idaho) 1910-1915, 1910-10-01
FAILED TO CON-
PLY WITH Law.

REGISTER AND RECEIVER MAKE
RULING IN CASE OF IRA PER
JUE AGAINST WIN. 3. coNNoR.
Holding that the entryman had
not complied with the homestead law
and tnat the allegations of contest
had been sustained, the Register and
Receiver of the Boise land office, dn
a decision handed down in the case
entitled Ira Perjue against William
B. Conner. recommend that the en-
try be cancelled. The land was en-.
tered under the homestead law by
Conner on December 81, 1902, and is
described ash the east half Of the
northeast quarter. east half OF the
southeast quarter. section "a. town
ship south, range east.
Passing on the case, the Register
and Receiver say:
Testimony was taken in the con-
test proceedings before the United
States commissioner at Mountain
Home On March /, 1910. Four wit
nesses were introduced on behalf of
the contestant and three on behalf
of the contestee. The witnesses for
the contestant, or three of them at
least, live close by this land, only
a quarter or half mile distant
They all testified that this entry
man did not reside uopn the land
until October, 1908. In 1904 he
built a 12x14 feet house on the
place, but did not establish his home
until October, 1908. One or more OF
the witnesses testified that there was
nothing in that house for some time
after it had been erected.
1T is further testified by witt
nesses for the contestant that six
or seven acres OF this land had been
cultivated. This entry adjoins the
property of the entryman's father and
the piece of land cultivated was fur
nished with water from the fathers
place. This piece Of cultivated land
was fenced, but nothing whatever
had been done towards improvement
of the remainder of the entry. The
grain grown on this cultivated tract
was hauled to the fathers place to
be threshed. Witnesses testified 1t
was their impression this entryman
lived with his father until October,
1908.
"One of these witnesses, J. F.
Black, testified he had talked with
this entryman about the entry and
had asked him how he expected tol
prove up without living ON or i'm
proving the entry. The entryman
told him at one time that he in
tended to throw it up. At another
time he told him he would make an
effort to prove up.
The testimony of witnesses for
the contestant show there wos no
evidence of the house on this land
being occupied until October, 1908.
Nothing else was done toward i'm
proving the house or its surround
ngs until October. 1908.
THE witnesses placed on the stand
in behalf Of the contestee testified
hey frequently passed this place and
sometimes saw the entryman there.
Their testimony lis meager and un.
and 1t does not tend to
lisprove that offered on behalf M
he contestant.
The entryman himself testified
le did live in the house for several
months. He further testified he had
rouble in getting water and during
,art of that time he lived i'm a camp
wagon on the place.
There is nothing in the testimony
,iven by the eontestee himself, or
lis two witnesses, that seriously tend
o refute the evidence offered by the
ontestant. 1t is made plain from tn
estimony as a whole that this en-
ryman did not make his home on
his entry until October, 1908, near
Y six years after filing on the land.
lie cultivated q small tract, which
Gems to have been an adjunct to his
ather's place, but he made no ef-
ort whatever to otherwise comply
nth the homestead law. It is true
e spent some time drilling a we'll
, secure water. but there does not
ppear to have been nesolute affort
4 that connection. The entryman
imsef testifies he put a camp out
t i'm his house. 1t is possible he
i'd have such an outfit there at times,
ut it is perfectly apparent he never
Established bona fide home there
ntil October, 1908.
Il