The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1912-07-17
Long Battle With the Government
Is Finally Decided Favorably
by the Secretary
LAND IS UNDER TETON
AND is ALL IRRIGABLE
Old Resident of the City Is Given
His Title to Land on Which He
Suffered and Toiled for Many
Years

j. A. Cook won, flnaMy, his home
stead under the Teton Decision has
been rendered in his favor by the Sec
rotary Of the interior. This overturns
the decision of the commissioner OF
the general land Office and upholds
that of the officials of the local land
office. which, on the, original hearing
decided in favor of Mr.. Cook The Sec
rotary of the interior in consideration
of the case took cognizance of the
equities and the commissioner had
not. There are 100 acres of the land
nine miles west of the city in the
Wide Hollow, all good soil and all
irrigab BILE and under the Tieton canal
The case was handled for Mr. and Mss
Cook by Ira krutz, who received word
Friday sof the victory. No word has
as yet been received by the land office
here.
Story of Hard Luck
The entire homestead story of MIR
and Mrs. Cook is one of i'll luck and
encouragement and their many
friends in this city who have known
Of the fight they have made will be
interested in the victory they have
achieved. Mr.. Cook filed on the land
in 1902 and from that time forward
for over five years he went against al
the troubles of the homesteader. Al
the time of filing he was engaged in
the mercantile business in this city
being a part owner of the Boston
store. He intended to quit that bust
ness and made an effort to sell out. II
was two years, however before he was
able to find a buyer,
Government Makes Protest II =.
Because of limitations it was neces-
sary for Mr.. Cook to- come frequently
to North Yakima to make money tc
permit him to continue his home
Stealing, After residence Of Ii
months he made a request to be per.
mitted to commute but this was turn.
ed down by the government on the
ground that he had not performed
continuous residence for that time. He
was allowed, however, to resume
residence and given an opportunity tc
make full compliance with the law
But at the end of five years when hi
Sought 10 make Hndl PROOF UHe gov
eminent itself, through an agent, in
tervened, and made a contest alleg
ing compliance with the home
stead law. The land office here decid
ed with Mr. Cook, was reversed b,
the commissioner and is now upheld
by the secretary.
Some of the Trials
The record relates some of the trial.
endured blythe family! Mrs. Cook wa.
very sick, was operated on for gal
stones and had the fingers of one
hand taken by amputation. Mr. Cool
broke his shoulder blade and at an.
other time was found unconscious IL
his field, broken down physically fol
the time by worry. Seven of the ply
sicians testified in HIS behalf and tina
of the family at the hearing. Secretar,
Fisher considered all these facts III
| making his decision and in view OF
the fact that the tract had been cult
waited each year and an effort made t.
| comply with the law, despite Difficult.
ties he awarded the tract to the claim.
ant
The land in question is the east hall
of the northeast and the north hall
| of the southeast of 30,13,17.