The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1910-04-01
ENTRYMAN LOSES
HIS HOMESTEAD


ton and making the necessary i'm
provements on tho land, arc the rea-
sons given by the register and receiv.
Ell of the Boise land Office for holding
that the entry of John Peter Paulson
which was contested by Burt L. Bad
ley should be cancelled. The land in.
volved was entered under the home
stead laws and is described as lots 9
and 4, south half of the northwest
quarter. section s, township 2 north
range west.
The entry was made by Paulson
May IL, 1908. On June "a, or six
years later affidavit of contest was
filed on the following ground:
"Said John Peter Paulson has never
established his actual residence upon
said land; that he has wholly failed
and neglected to cultivate said land as
contemplated and required by the
homestead laws; that the improve
raents on the land are of temporary
character only, and were not made in
good faith for the purpose of estab
5761 g.: Bill
fishing a home and to properly i'm
prove and cultivate the land; that at
no time has no maintained his actua
home and iabode on the land, the ONLY
times ho has been present upon the
tract being on the occasion of tenn
porary visits, at which times he did
not establish his residence or abode
thereon"
REVIEWS EVIDENCE.
Passing on the case the register and
receiver say in part:
ave do not deem it necessary, in
view of the showing made as herein
before refeRred to, to discuss the tes-
timony of%either witnesses in detail.
Attention should be called to the fact
however, that Sarah Harris, who tes-
titled for the cOntestee, though very
confident on direct examination, was
unable to give any specific facts when
cross-examiRed. Her testimony was
so badly shaken, that it is apparent
she had fallen into the error of exag-
geratiOR ~ TO the number Of times
she had .Aeen this eontestee on the
land.
wv. J. Rankin testified to having
spent one night with the entryman on
the entry. He went there with the
OntrymaRr and they went away TO-
gether. He further testified that he
contested on this entry fifty or sixty
times. II does not seem probable
from the testimony before us, that
the conteatea was on the entry long
enough during the entire six years fol-
any one to have seen him there thai
number of times, and we think thi:
witness permitted himself to run int
exaggeration in the matter.
Abraham PaulsOn, brother of thu
contestee, made as good q case as h
could, but when analysed, his testi
mony does not indicate that there wal
a continuous, substantial residenc,
maintained. by the entryman on thi
land such ~ is required by law.
CHARGES BAD FAITH.
"ThO cultivation and improvement
of this entry have not been such a
would indicate entire good faith
While thers seems to be fairly goo,
house, the, land was not fenced unit
1909 except an acre and 4 quarter
which seems to have been plowed an
sown to grain, and which at some tim
was fenced. This entryman did no
begin to make any arrangements 70
water supply until Oct. 1908. Tn
conditions respecting cultivation an
improvement of the land are such a
to strongly emphasize the evidence o
failure to make an earnest effort t
comply with the homestead law.
Referring again to the testimon
of the cOntestee, we would call after
ton to the fact that he refused o
cross examination to make any defr
ite statement as to the duration Q
any single period Of residence on thi
land. On the contrary, he seems
have taken the position that he wa
not obliged to maintain residence o
the land
"ThiS contest was initiated afte
the expiration of six years from ii
date Of entry. Up to that time, tn
entryman had not complied with II
law as TO residence, though he al
pears to have had some period Of res
dence during the winter Of lS0s-l90
Under all the circumstances Of Il
case, We are satisfied he has not e
tablished and maintained such res
dencO rs Ia contemplated by law. an
that his cultivation and improvement
of tho land are Of such q charactC