The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1910-11-25
IMPORTANT ruling
BY LAND OFFICE
FLORA A. cox WINS CONTEST
AGAINST IDA M. SCHENCK
IN BOISE DISTRICT.

Secretary of Interior Awards Her
Preference Right to Half the Land
In Question.-Importan Ruling In
Land Cases Handed Down by the
Secretary.
The United States Land Office at
Boise is in receipt of decision by the
Secretary of the Interior in the case
of Flora A. Cox against Ida M
Schenck, modifying the decision OF
the register, and receiver which was
affirmed by the commissioner of the
general land Office, and giving the
contestant preference right to enter
one-half of the land involved.
This case involves very valuable
tract of land west of the Snake river
and west of Caldwell. 1t has attract
I'd considerable attention ia that sec
ton of the country because of the val
ue of the property and also because o!
the somewhat unusual questions arts
ing
William H. Schenck, father of Ida
NJ. Schenek, had desert entry there
Of 800 acres, while this daughter had
homestead of 100 acres. The father
assigned the desert entry to this
daughter. The daughter thus came
into possession of more than 800 acres
of land, contrary to law.
The contestant in this case, Flora
A. Cox, made several charges in her
contest affidavit, the principal one be.
ing that she had become the holder oil
more than 800 acres. The local land
office rejected the affidavit of con
test on the theory that successful
contest would simply cancel the as
signment, thus throwing the entry
back to the original entryman.
That was formerly the rule, but II
has since been changed, and as the
decisions now stand the cancellation
of an assignment will cancel the en-,
try. That rejection was appealed to
the commissioner The latter at.
6rmed the local office as to other
points but gave direction that hear
| ing be held to determine one poin'
alone, that is, whether or not Ida M
Schenck, in making her assignee's al
6dayit. which covered the subjects o
holding more than 800 acres, intende'
to commit a fraud against the govern
ment.
A hearing was ordered and it wa
shown by the testimony that Ida NJ
Schenck had been advised that tn
limitation did not apply to her case
The register and receiver, on tn
s showing made, decided the contest /
-, favor of the contestee. From that dc
: cision an appeal was taken, but the dt
> cision was affirmed by the commi'
. sioner. Then the case was carried 0
appeal to the secretary of the interio
After Flora Cox had filed her afi
, davit of contest, Ida NJ. Schenck file
REIMBURSEMENT of 100 acres of tt
lc land, and at the same time her tath'
, filed a homestead application for Il
: land relinquished In the proceeding
! therefore it had to be determine
{ whether or not Ida NJ. Schenck HI
a knowledge of the contest at the tin
5. she made the REIMBURSEMENT. As
w that point it was decided that she I
ia linauished without knowledge of t
IN contest.
3. The secretary of the interior M
8. sustains the decision. but holds ii
since this contest was brought beto
w the PRONUNCIATION of some decisI
in changing the practice, the contests
he is entitled to the beaeht OF the dol
in that formerly prevailed.
re-. That rule was that if an entry
in any portion of an entry was rel
ac- ouished after contest had been I'll
les the contestant was Immediately
of vested with a preference right to en-
plv the land. The secretary theref
for holds that Flora A. Cox has pre-
cut ence right to enter the 100 acres WI
to Ida NJ. Schenck relinquished and