Arizona republican., 1910-05-03
GROUNDS IF DENIAL GIVEN Rejection Of B. N. Fuqua's
 Parker Filing HIS PREFERENTIAL RIGHT. Held to Be Not Sustained By the Evidence and Re view Denied By Secre- tary of the Interior, Sus- taining Commissioner.
HIS PREFERENTIAL RIGHT

The Republican has been furnished with d copy of the denial by the sec rotary of the interior of a motion for review made in the interest of B. M. Fuqua. who filed upon and | claimed preferential right to pur- chase at the appraised price lot |. block l94. in the Parker townsite. and which preferential right was refused him on the ground that he had not complied with the regulations. That refusal is sustained through the de- nial or the motion. which denial is addressed to the commissioner of the land office.
 Ihe substance of it is reproduced as interesting, in that it shows how explicitly the government in these days demands compliance with the laws for acquiring government land in any form or place Mir. Fuaua probably made as many Improvements as others. but he failed 10 reside on the lot in question. and. it is con- tended. made Phoenix his home. even though he was Financially interested and living most Of the time in Par ker. The denial recites the facts of the filing and its rejection. and. con- tinuing, says:
 "On November 2S. 1908. Fuqua was granted a permit by the said agent to hold and reside upon the said lot 1 for the period of one year from July l. 1908. You rejected the appli- cation for the reason thar the proof showed that the applicant has never occupied said lot as q residence and tbat he was not therefore entitled to preference right of entry
 As to improvements. it is shown that there are two tent houses Sxt0 feet in size. boxed up and floored. and there is also post and pole corral and brush shed on one end of the lot.
 
 placed at from s5O to s75 by one of the witnesses. and at slo0 by an- other witness As to residence on the lot, one of the witnesses states that the improvements were used by Ed Nopa. then driver for the Par kcr Commercial company. until Sep tcmber. 1909. The other witness states that two different Indian boys have lived in the tents for various periods. Both witnesses state that Fuqua's possession of the lot has never been disputed and if is shown that he himself states that he has never stayed all night on the lot but that Inc filed on the lot for residence pur- poses when he was in Parker at that time on business. It is shown that his residence is in Phoenix, Arizona. He further states that he is not liv- ing on the lot. but that the said are occupied by a miner who had no place to stop. and that the claimant gave him permission to occupy the same. He places the value ] pf the improvements at s10O. which l he states he purchased from the Par | ker Commercial company about the beginning of the year 1908. for resi- lential purposes.
 Tt is stated in his motion for re- view that he is bona fide business | man of Parker. having thousands of | dollars invested in the town, and that ie expects soon to move there with his family to live.
 ''The permit issued to Fuqua by the was personal to Fuqua. lnd did not authorize him to trans CT the same or permit others to re- tide upon the lot. He made no pre- ense of residence thereon himself, ind even the alleged residence of his tenants is of doubtful nature. Furthermore. it is not seen hat the Improvements are of such a character as to need protection. as hey are of slight value and of a tenn ,orary nature. The claimant has not hown himself to be of the class of contemplated in said regu- ations.
 ''The motion for review is accord ngly denied. and the papers are trans- nitted herewith