The Ordway new era., 1910-01-21
CONTEST NOTICE
DEPARTMENT. OF THE INTERIOR.
United States Land ONCE.

United States Land ONCE.
Pueblo. Colorado. November ls, 1909.
A sufficient contest affidavit having been
filed In this ONCE by Augusta Nitz, contestant.
against Desert Land entry No. 1854. made
August 10, 1907, for Lots 5, I. 9,5 NWx, 6ec-
| tion 8, Township 40 g.. Range 81 w.. by Charles
w. Nitx, Contestee. In which 10 alleged that she
is the wife OF said Charles W. Nitx, and that
she has five children. whose ages range from
six to twelve years. Of whom she is the sole and
only maintenance and support. said children
reside with her and constitute her family;
Thst she is deserted and abandoned wife,
her said husband. Charles W. Nitx, having who'll
| ~ and definitely and absolutely abandoned her
| permanently on or about the 7th day Of August,
| A. D. 1909: that he left the State Of Colorado.
declaring that he had no Intention Of ever re-
turning or living with atfiant 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. and down to date Of this
| affidavit Of contest, said Charles W. Mite wholly
| failed to OF pend the sum Of one dollar per acre
| or any other sum of money in the reclamation
| Of said desert land entry; aud 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 afiiant
| alone after she WAS deserted and abandoned on
| August 7, 1909. as aforesaid,
Affant states that she furnished most of the
| substance and means 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
t.. n tk,~t. ..tA ~la
benefit Of same during the first year: but that
the Improvements made upon said land by
sfaant 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 . reservoir, with
| the intention Of applying same upon her own
| desert land entry which she desires to make
upon said land, were not made for and In the
interest Of said Charles W. Nitz, but solely and
only in the interest Of afiant, a. q deserted
] wife and the head Of = family,
Therefore, by reason Of the foregoing facts,
affiant hereby specifically charges the failure Of
4 said Charles W. Mtg 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 acre upon the
said claim. for and during the second year
|
tinuing down to the date Of this atiidavit OF
contest. /.
Affiant 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 noti-
fed to appear, respond and offer evidence
touching said allegation at 10 o'clock n. m. on
February 2. 1910, before the Register and Re-
oeiver at the United States Land Office in
Pueblo, Colo.
The said contestant having. in a proper affi.
davit filed October %, 1909, set forth facts
which show that after duo 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. ABBEY Register.
First publication Dec. II.