The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-09-10

board he sets forth in four paragraphs
the basis of his contest.
Without referring in detail 20 the
grounds OF protest set forth in said para
graphs IL amounts | assume substantially
TO this. That inasmuch as my first ap-
plication was returned instead of being
filed The record was thereby made free of
applications until Mr.. Beckwith fled the
one in question. AS to this contention
II seems 10 me that If the first applica
ton filed by me was in such form rs TO
initiate action the part of the Board
1T would make no difference whether such
application was retained and filed or re-
turned Even " It were the duty OF the
Board to return the same and treat the
subsequent application as an amendment
thereof the return to me would only be
an irrcgularity and, by anology, TO num-
erous decisions as 10 the acts of public
officers in relation to public lands, mere
rreguarlty cannot prejudice the rights
of individuals themselves who have in
GOOD faith complied with the law,
The law presumes that public officer
has done his duty.
think also that it is too late now for
Mr Beckwith to raise the contention for
the reason that by accepting his money
the Board. Respectfully submitted,
FRANK K. NEBEKER,
Is Grave Presumption,
1t is worthy Of notice that Mr.. Ncbe.
kcr states. f'The law prcsumes that a
public officer has done his duty which
Is grave presumption when applied to
the state board of land commission
ers The Law does not nresume that
the state board would falsify the ap-
plication of Beckwith! The law does
not presume that the state board would
mutilato its own records! The law does
not presume that the state board would
stoop to commit or to permit the com
mission Of series of fclonics, but the
crimes were committed nevertheless.
With these briefs filed there was
drawn up in the state board an as.
sumcd statement Of the facts in the
ease. supposedly from the face of the
records. II follows;
Here Is Statement.
Statement In Re
.. =. 1870 Frank *. Ncbckcr.
j. :. 1888, Erwin w. Bcckwith.
ON July G. 1909. this office received APP
pliCatiou of Frank *. Ncbeker 10 pur-
cclIaso certain lands and enclosed check
fercd, l. O., $3.50 per acre on 500 acres,
This application was made on wrong
blank and accordingly the application and
check were returned TO Mr.. Ncbcker with
q proper blank 10 make application for
the land. See l.. Il. I32 p. 100
On July . 1909, the application in prop
or form was received In this Office with
check for tho $40.
But in tho meantime Erwin w. Beck
withs application came into this office
on july 8, 1909. for $50 acres of this
cent of price offered, j. c., $3.50 per acre.
ON July o when numbering applica-
tions To enter on The preliminary appli-
cation register OF offered lands the
Ncbckor applica ton was given preference
because OF having applied on July 6. 1909,
when wrong blank had been used (see
L. Is 1J2 y 1881. This was not noticed
however until Beckwith's name had been
written in tho book opposite the number
1870, Beckwith's namc was erased and
Nebeker's written in that place and The
Nchel<cr application numbered 1870
The practice OF the office rejects . sec
(but the second applicant is given proper
unless he bids moro per acre
than did the first applicant The first
applicant is given preference If he meets |
factory TO the board Mr.. Bccltwith's ap- |
plication and money were returned To him !
July IA. 1909. See H. y. 1872 y, 227. with
the information that Ncbcker had applied |
offer more than the first applicant, On
July 10, Mr.. Beckwith's application was |
again received by this office offering |
$500 per acre Tor $50 acres, before ap~ |
1909, this office notified Mr.. Nebeker of |
NebclScr S:r' met t the saoo bid and deposited
the additional amount required
sidera,ion by the board action by the
board being delayed pending The result OF |
the bidding, the board OF Sept z, 1909 |
decided TO sell the land at s3.00 per acre
for the 2So acres Of land competed FOR
and 50 so per acre for the 32O acres for
which there had been no competitive
bidding.
Certificates of sale No. 1889 has ac-
issued TO Frank X NebelSer.
having regarded him as the first appli-