The Ordway new era., 1910-01-14
CONTEST NOTICE
DEPARTMENT:oF THE INTERIOR.
United States Land Office.

| Pueblo, Colorado. November ls, 1909.
A sufficient contest affidavit havin. been
filed In this Office by Augusta Nitz, contestant.
| against Desert Land entry No. 1884. made
August 10. 1907, for Lots ). I. g.. NWA, sec-
tion ,. Township 20 g.. Range 81 W. by Charles
". Nits, Contestee. 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 the sole and
only mantenan sc and support. said children
| reside with her and constitute her family;
| That she In a deserted and abandoned wife,
her said husband. Charles W Nitz. having Who'll
ly and definitely and absol utely abandoned her
| permanently on or about the 7th day OF August.
| A. d. 1909: that he lett the State Of Colorado,
declaring that he had no Intention Of ever re-
turning or living with afiiant 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, 1900. aud down to date Of this
affidavit Of contest. said Charles ". Nitz wholly
| failed to expcnd the sum Of one dollar per acre
| or any other sum OF money in the reclamation
| of said desert land entry; and that the only
| reclamation and improvements made upon said
| land during the second year after entry and
down to date OF this affidavit OF contest, con-
sist Of certain improvements made by affanc
| alone after she WAS deserted and abandoned on
| August 7, 1909. as aforesaid,
Afiiant states that she furnished most of the
| substance and menns which entered into the
| Improvements made during the first year after
| entry, ending August 10, 1908, as shown in the
first years annual proof filed by said Charles
W. Eitz, and that said Charles W. Nitz got the
| benefit Of same during the first year: but that
the Improvements made upon said land by
affiant alone and in her own behalf since Aug
| ust :, 1909, when she became wholly abandoned
| and deserted, as aforesaid, which consisted of
plowing part Of said land and the commence
| ment Of the construction OF a reservoir, with
the intention Of applying same upon her own
desert land entry which she desires to make
upon said land, were not made tor and in the
! interest Of said Charles W. Nitz, hut solely and
only in the interest Of afiiant, as a deserted
| wife and the head Of family,
Therefore, by reason of the foregoing facts,
attiant hereby specifically charges the failure of
said Charles W. NitZ to do and perform upon
said desert land entry 1874 the requisite statu-
tory work, or to make the necessary statutory
| expenditure of one dollar per upon the
| said claim, for and during the second wear
after entry, ending August 10, 1909, and con-
| tinuing down to the date OF this affidavit of
contest.
Affant further specifically charges that said
Nitz, after the aforesaid desertion and aban-
donment. attempted to speculate in the sale of
the REIMBURSEMENT 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.
fed to appear. respond and offer evidence
touching said allegation at 10 o'clock A. m on
February .. 1910. before the REGISTER and Re
ceiver at the United States Land Ofhce in
Pueblo. Colo.
The said contestant having, in a proper Bffi.
davIt filed October IS. 1909, set forth facts
which show that after due diligence personal
service OF this notice cannot be made, it is
hereby ordered and directed that such notice
be given by due and proper publication.
8. A. ABB BEY Register.
First publication Dec, II.