The Dickinson press., 1911-05-27
DICKINSON
U. S. OFFICE Ey!:! 4
Holds that Branick Made Good
Residence and Should Have
Land. c. H. Wiley is Pres
ent Owner.

The past week Receiver W. A. Nc
Clure and Register j. G. Quinlivan of
the Dickinson U. S. land Office, handed
down an important decision in the o.
P. Branick and c. H. Wiley contest.
affecting the title of 120 acres of valu-
able land near South Heart.
In the decision it is held that the
entryman had earned title to the land
prior to relinquishing 40 acres, on which
buildings were located, to the govern
ment and purchasing same as coal land.
The government agent had charged that
claimant had not made good residence
upon the land because the 40 acres
relinquished contained the buildings.
1t was also held by the agent that the
land was more valuable for coal than
for aaricultural purposes and that entry
man had taken the land for the coal in
the land, rather than for a home.
In this particular it was held by the
Dickinson u. S. land office that the
land was more valuable for coal than
for agricultural purposes, but that entry
man had no knowledge of the fact at
time of entry; therefore, it is recon-
mended that the entry remain in tact
and the case be dismissed.
The case now goes up to the commits
sioner of the general land Office for re-
view and it is believed that he will
affirm the opinion of the local land
Office. ~
O. P: Branick offered FIVE year home
stead proof in 1908, having previously
relinquished 40 acres:s on which there
was Enthusiastically merchantable coal.
paying the government $40 per acre
therefor. A year later q government
seent filed CHARGES against the entry,
setting up the claim that entryman had
not resided upon the land and further
that the entry was fraudulent because
! Seatzyman knew at the time Of flink that
the land was more valuable for it's coal
than for agricultural purposes. A
month. or so before the government
charges were made. Mr.. Branick had
elected to take surface patent to the
120 acres. The government refused to
accept his election and ordered the
hearing to proceed. It was claimed at
the hearing by one of the special agents
that the land was worth ST. 600 per acre.
However. it was never contended that
entryman failed of making good five
year residence on the 100 acres and it
was shown that this period was COM
pleted prior to his relinquishment of the
40 acres. Therefore, it does not seem
reasonable to suppose that the govern
raent should want to deprive him of
getting title to the 12O acres on this
ground. At the time Mr.. Branick fled
very little was thought of coal land
ether than a bank that was handy for
he home. 1t was the custom in those
days for every homesteader 10 help him
self to all the coal he wanted from the
nost accessible vein. There was no
charge, or if coal was sold. the price
put upon it was only the cost of labor.
: This particular tract Of land has
already passed into the hands Of the
third party. namely, 9. H. Wiley. Mr..
Ranick sold to P. H. Rumble. who in
! turn sold to the present owner. How
ever, the government has never issued
entryman patent and should the local
Office be reversed there might be some
backing up.
Charles H. Starke appeared as attorney
for defendants in the case.
UNANIMOUS RECOMMENDATION
Az AsunPnsns~s.nanpu1 n1nA