The Ordway new era., 1910-01-28
CONTEST NOTICE
DEPARTMENT. or TIE INTERIOR.
United States Land Office.


United States Land Onico.
Pueblo, Colorado. November IL. 1909.
A sufficient contest affidavit having been
filed In this ofiicc by Augusta Nitz, contestant.
against Desert Land entry No. I2s1. made
August 10. 1907. for Lots ). I. S'a SWA, Sec
ton J. Township 20 g.. Range 81 W. by Chnrle-
W. Ni,x. Contcstcc. 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 maintenance and support. said children
reside with her and constitute her family;
That she II = deserted and abandoned wife.
her said husband. Charles W. Nitz. having Who'll
,y and definitely aud absolutely abandoned her
permanently on or about the eth day Of August,
A. d. 1902: that he left the State OF Colorado
declaring that he had no Intention OF ever rc.
turning or living with aiiiant again. and that
she believes that no will never return. In con
sequence where of she Ia left the head Of thu
Aforesaid family. and il charged with the main.
tcnancc and support thereof;
That during the second year after entry. end
ing August 10. 1909. and down to date Of thu
affidavit Of contest. said Charles W. Nitz wholly
failed to cx 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 VI certain improvements made by aihant
| alone after shc WAS deserted and abandoned on
August :, 1909. ~ aforesaid.
AHiaut states that she furnished most Of the
| substance aud mcanr which entered into thu
I'm provements made during the first year after
entry, ending August 10, 1908, A. shown In tn"
first years annual proof filed by said Charles
W. Nttx, and that said Charles ". Nitx got the
benefit Of same during tho 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
aud deserted. a. Aforesaid. which consisted OF
| plowing part Of said land and the commence.
meut Of the construction Of . reservoir. with
the intention OF Appiying same upon her osn
| desert land entry which she desires to make
upon said land, were not made for aud In the
interest Of said Charles W. Nitz. but solely and
| only in the interest Of afiiant, ~ q deserted
wife and the head Of = family.
! Therefore, by reason OF the foregoing facts.
affiant hereby specifically charges the failure Of
| said Charles ". Nitz to do and perform upon
said desert land entry 1884 the requisite statu-
tory work, or to make the necessary statutory
cx pen iiturc Of one dollar per acre upon the
| said Claim. for and during the second year
after entry. ending August 10, 1909, and con-
tinuing down to the date Of this affidavit OF
| contest.
Afiant further specifically charges that said
Nitz. after the Aforesaid desertiou and aban-
donment, attempted to speculate In the sale Of
the rclinquishmcnt Of said claim. and that he
left the State Of Colorado permanently, declar-
ing he had given up and abandoned said desert
land entry. aud would have nothing more to do
with same.
Now, Therefore. said parties are hereby mott.
fed to appear. respond and offer cvidenc"
touching said allegation At 10 o'clock q. IN. on
February 2. 1910. before the Register and Re-
ccivcr at the United States Land once in
Pueblo. Colo.
The said contestant having, in a proper aft.
davIt filed October -. 1909. set forth facts
which show that after due diligence personal
service OF this notice cannot be made, 1, Ia
hereby ordered and directed that such notice
be given by due and proper publications.
q. A. ABBEY Register.
First publication Dec, II.