davidaulloa/AmericanStories huggingface dataset:
Semi-weekly herald., 1912-02-01
Desert Lands

Entry of lands within the territory
designated in the Kincaid act, which
were, at date of entry, embraced ir
reclamation withdrawal as irrigible
lands, which limited the right of entry
to 100 acres, the entryman does not
thereby exhaust his right under said
act, but upon the revocation Of the
withdrawal would be entitled to en-
large his entry for contiguous lands
to the full area allowed by law
Affirming unreported case of Earle F
Dunning, decided Feb. 81, 1911.
Semi-weekly herald., 1912-02-01
OCULIsT (Not Optieian).

have the largest and best assort-
ment Of eye glasses in the southwest
and grind III need be) to fit you a.
few are competent or can do. DIR.
DOWDEY, the ONLY UNIVERSITY
GRADUATE IN SOUTHWEST. 1s
years in practice. Phone Plata IS. 1ltf
Semi-weekly herald., 1912-02-01

Willie, Margaret and Hazlet, chill
dren of Mrs. w. X. Braydon, left for
their Silverton home this morning.
The children were here to attend their
grandmother's funeral, which took
place yesterday, and will return to
school tomorrow. Mrs. Braydon will
stay over for a day or two to dispose
Of certain matters pertaining TO her
mothers estate.
Semi-weekly herald., 1912-02-01
REP UBLICANS GATHER
TO HONOR MCKINLEY
Western Press.

Western Press
PUEBLO, Jan. 29.-About a hun
dred and fifty prominent Republican
women from every part of the state
will be in Pueblo this evening to at
tend patriotic Mckinley day banquet
at the Congress hotel. The banquet
is to be given by the Pueblo Women's s
Republican club, the Daughters OF the
American Revolution and other pa
triotic organizations.
Semi-weekly herald., 1912-02-01

Purchase of land after final receipt
and prior to patent gives an equity
only. Such person is not bona fide
purchaser within the meaning of the
pre-emption law and protected by the
provisions of that act against further
inquiry by the land department as to
acts of entryment. Citing Hawly VS..
Diller (178 U. s., 476).
When purchase was made in good
faith, and the face of the record ap-
peared regular and valid in all re-
spects, the department will consider
the equitable rights of such purchaser.
Semi-weekly herald., 1912-02-01
Timber and Srone

Land that is heavily timbered is not
necessarily excluded from homestead
entry. 1t may be homesteaded, pro
viding it is of such character as
would be suitable for agricultural use
if the timber was removed. Other
wise, heavily timbered land is not
subject to the homestead laws. Cit
ing Finley VS.. Ness (3s L. D., 394).
Semi-weekly herald., 1912-02-01
Practice

When an application to contest an
entry is executed before an attorney
such person is thereafter disqualified
from acting MS attorney in any sub
sequent proceedings therein. Constru-
ing regulations published in (33 l.. D.,
653).
Semi-weekly herald., 1912-02-01
Frightful Polar Wind.

blow with terrific force at the far
north and play havoc with the skin,
causing red, rough or sore chapped
hands and lips, that need Bucklen's
Arnica Salve to heal them. Unrivaled
for cold sores, also burns, boils, sores,
ulcers, cuts, bruises and piles. Only
25 cents at all druggists.
Semi-weekly herald., 1912-02-01

Quoted by Rev. Father NJ. F. Gala
nan. The pail bearers were Messrs.
I. Newman, NJ. Brennan, j. Brice, J.
Cummins, C. and J. Quinn.
Interment was in the Catholic plot
at Greenmount.
Semi-weekly herald., 1912-02-01
Final Proof

In offering commutation proof, it
must be shown that the residence was
substantially continuous. In in max
ing such proof, an entryman admits
his absence from the land for short
periods, the showing thereupon be-
comes SO indefinite that it cannot with
certainty be determined that the en-
tryman has lived continuously upon
the land for the requisite period of
time.
Semi-weekly herald., 1912-02-01

FOR SALE-Rose Comb Brown
Leghorn cockerels, the great laying
strain of chickens, SO. Can ship from
Durango. F. L. Lyman, CASTELAR,,
Colo. J25-D6t- WET
Semi-weekly herald., 1912-02-01

A mortgagee who had notice of the
hearing before the local land office,
but does not appear, will not be per-
mitted to intervene after the local
offices have decided the case and the
same is before the department for
consideration.
Semi-weekly herald., 1912-02-01

The filing Of an application to Sc
lect indemnity is not sufficient either
to vest title in the lands applied foi
or to divest the selector of title to
the lands offered as base for such Sc
lection.
Neither Of these results follow until
the application to select is approved
by the secretary of the interior.
Citing Railroad Co. VS.. Price Co. (133
U. s., 1867.
Semi-weekly herald., 1912-02-01

When the secretary Of the interior
is unable TO decide the case on its
merits from the record before the
department, the case may be remand
ed for the taking of further testimony.
Semi-weekly herald., 1912-02-01

A homestead entryman may be al
lowed to amend his entry and embrace
therein adjoining land which he was
not allowed to take at the time of
making his entry, because of its being
then covered by an existing entry,
providing notice was given at the
time, Of its purpose to contest said
entry, and the same has actually been
done.
Semi-weekly herald., 1912-02-01

Citizenship of the United States is
made an absolute prerequisite to the
requirement of title to the lands under
the homestead law and satisfactory
evidence thereof must be shown.
Semi-weekly herald., 1912-02-01

Where the register and receiver are
both disqualified to sit at the hearing
OF a case, the department has the
power to designate two proper officers
to act. In ex parte cases, the decision
OF the register and receiver is more
in the nature Of recommendation to
their superior officer than Judgment,
and the commissioner has jurisdiction
to render his judgment, subject to re-
view by the department, irrespective
of or in the absence of such recon-
mendation.
Semi-weekly herald., 1912-02-01

Communication proof cannot be ac-
cepteo when 1t fails tt now that the
required residence and cultivation con-
tinued to the date on which applica-
tion for notice of intention to make
proof was filed. Citing section 3, reg
ulation of Oct. 1s, 1907 (36 l.. D.,
I2D.
Semi-weekly herald., 1912-02-01
Mining

In determining the amount of work
upon claim, or improvements placed
thereon for the purpose of representa-.
tion, the test is as to che reasonable
value of said work or improvements,
not what was paid for it or what the
contract price was, but it depends en-
tirely upon whether or not the said
work or improvements were reason
ably worth the amount claimed.
Semi-weekly herald., 1912-02-01
337).

The purpose Of section 2 Of the act
OF June rs, 1910, relating to oil and
gas bearing lands, was simply to pro-
tect any bona fide occupant or claim
ant Of oil or gas bearing lands who
was in diligent prosecution of work
leading to discovery Of oil or gas,
as against any withdrawal. Such
proviso, however, has no bearing upon
the question of the measure of proof
necessary to sustain the allegations
of protest, on the ground that the
lands are mineral in character, against
non-mineral selection filed, before
the withdrawal.
Semi-weekly herald., 1912-02-01

The sickness of an entryman may
be accepted as sufficient excuse for
occasional absences, not unduly pro-
longed.
Semi-weekly herald., 1912-02-01

Where entryman sells the land after
obtaining final receipt, and before pat
ent, the purchaser takes no better
right than the entryman had at time
Of sale.
Semi-weekly herald., 1912-02-01
Miscellaneous

The act of Feb. 1s, 1911, construed
in view of the act of June 25, 1910,
simply makes the latter act inopera-
tive as to land which had been, prior
thereto, properly entered, where such
entry was subsequently relinquished
Semi-weekly herald., 1912-02-01

A motion for rehearing signed only
by the attorney for applicant and the
verifcation being only in general
terms, and which fails to set forth the
names of proposed witnesses and sub
stance of proposed testimony is in
sufficient under the rules of practice
Semi-weekly herald., 1912-02-01

p. C. Moshisky, the joint fore
man Of the d. & H. G. round house,
is taking vacation for few weeks.
Mr.. Moshisky left this morning for
Montrose where he will join his wife,
and visit relatives. J. w. Hopper,
travelling engineer for the fourth di-
vision, arrived last night from Ala
mosa to assume Mr.. Moshisky's du-
ties during his absence.
Semi-weekly herald., 1912-02-01

subsequent to final proof, what has
taken place and the acts of the parties
with respect to irrigation, subsequent
to such final proof, may be considered
as some evidence Of the sufficiency of
the improvements and good faith in
the matter.
Final Proof
When commutation proof is rejected
by the commissioner upon only one
ground-such as lack of cultivation
the case will not necessarily be closed,
but the entry may be held intact, sub
ject to future compliance of law, upon
proper showing.
Semi-weekly herald., 1912-02-01

When leave of absence is granted
a homesteader, a charge of abandon
ment will not lie against the entry
until the expiration of six months aft
er the time for which leave of alb
sence was granted.
Semi-weekly herald., 1912-02-01

The rule for determining the desert
character of lands is substantially as
follows: Lands that one year with
another for series Of years will not
without irrigation produce reasonably
remunerative crops are desert within
the meaning Of the law.
A showing that crops, even remu-
nerative ones, have grown on lands
for few seasons under unusual condi-
tions as to rainfall, does not conclu-
sively prove their non-desert Aar-
acter. Citing case Of Peterson VS..
Parkinson (37 L. D., 522).
Semi-weekly herald., 1912-02-01

The Saturday Herald. to any 3D.
dress In the country, one year for II.
Semi-weekly herald., 1912-02-01

1t is proper for the commissioner
of the general land office to require
claimant to amend his homestead
entry application so as to conform to
the act of June 22, 1910 SO Stat,
5S3).
Semi-weekly herald., 1912-02-01

A protest against mineral entry
must be specified and set forth the
various grounds of protest.
Semi-weekly herald., 1912-02-01

In view of the act of June 20, 1910,
an entry within reclamation project
may be assigned in whole or in part,
Subject to the limitations, charges,
terms and conditions of the reclama-
tion act" Public land can be dis
posed of only according to the plat
of survey, in parcels not smaller than
the Smallest legal subdivision" and
section 22S9, R. s., requires home
stead entries to be made "in conform
ity to the legal subdivision of the pub
lie lands"
In as much as the reclamation act
limits the right Of entry to one farm
unit, an assignee must present q show
ing that he has not acquired title to
and is not claiming any other farm
unit or entry under the reclamation
act. Citing case Of Sarah s. Long
$50 L. D., 297).
Semi-weekly herald., 1912-02-01

1t is within the scope of the COM
missioner's authority to require affi-
davits of officers of a corporation
showing how much money was ex-
pended on an oil well and when ex-
pended. Also affidavits from each Of
the locators showing whether they
were stockholders or employees of the
claimant company at the time Of max
ing discovery and location; how much,
If any, of his own funds each locator
contributed toward the expense OF
sinking the we'll, and whether at time
of making discovery and location they
were acting directly or indirectly for
the claimant company.
The purpose Of coal declaratory
statement is to preserve, not TO Gre
ate or initiate preference right Of
entry. Where the claimant acquires
no preference right, in the first in
tance, his declaratory statement has
no function to perform and hence,
from the beginning, was null and void
and being a nullity, nothing done sub
sequent to its filing could operate "a
give It any force or effect. Citing
Conway, ct al, VI Brooks $50 L. D.,
Semi-weekly herald., 1912-02-01

Although irrigation Is not required
Semi-weekly herald., 1912-02-01

First publication Dec. 28-11.
Last publication Feb. 1---12
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1912-07-05
NIrlGIIlDB(pQ[lO)DID
4@ NEWS az
QiT fT
FALL LAKE

Game Warden James of Ely was
over and took quiet trip to pipe
stone falls and captured three fish law
breakers. They were each fined $40
aud costs, after which they gave evil
dence against three other well known
men of Winton who received the same
dose. 1t Is alleged that they were
blasting and had also understood fish
in possession.
Thomas CARMEL has installed an
other pool table and all are steady in
use.
By taking a peek into Winton or
Fall Lake you will be convinced of
the enterprise of the village. One of
the cleanest and most orderliest little
burgs you can find, land why?)
Chas. Montroy was Winton caller
this week.
Gilbert and Winton crossed bats
last Sunday and the game resulted in
score of IL to 4 In favor OF Winton.
Several good stunts were shown by a
few of our players and 1t goes to show
that all are not yet placed to their
best advantage. Our new manager,
VIM. Wall, is proving to be the right
man in the right place and as Phil.
Murrry has resigned as manager we
think we could not have done better
than in selecting Mr.. Wall. He has
several good teams engaged and is
still open for few more dates. Write
him.
Miss Marion Mclean is visiting
with friends at Winton.
Mrs. M. C. Green returned Tuesday
from Tower where she spent several
days with her parents.
Ray Tonkin, mother and sister, of
Ely, were callers at Mrs. Bartos We'd
uesday.
Miss Lille LaBeau was visiting at
Stems few days last week.
John Peterson the machinist of the
st. Croix shops left Wednesday for
MiIac Lake where he will spend few
weeks vacation.
Not much need Of saying anything
regarding the Fourth. Everybody
had good time, lot Of money was
spent in many events and all were
well amused. The pig was too light
and was caught quick by Walford
Lindbloom. We had a well attended
ball game and much interest was
shown as our boys lost the game at
Ely in the forenoon. We won the
afternoon game and that made honors
even. with large gate receipts. No
trouble or Ill feeling existed anywhere
and everything passed OF harmon
iously.
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1912-07-05

day evening aud steps were take1
for the reception of the Minnesot.
State Editorial Association on their
visit here on July 18th.
The association will arrive on
Monday at noon and will be given
lunch by the Ely citizens after
which the mines will be visited.
Tables will be set at the Lincoln
gymnasium room, where the
Ladies of the M. E. church will
have charge and serve the lunch.
In view of the distinguished
company to visit us, the commit
tees feel that it would be fitting and
proper for the citizens in general
to decorate their places and all are
asked to do so.
A committee on arrangements
has been named to make all ar
rangements for the entertainment
consisting of the following: Chas.
Trezona, w. A. McCurdy and T.
E. Miller. M. J. Murphy, John
A. Harri and Geo. L. Brozich will
have charge of the finances and
DR.. G. 7. Ayres, Jas. Moonan
Mayor Weinzierl, L. ]. White and
all others will act as reception COM
mittee. Everybody is supposed to
do their share in leaving every
thing in ship-shape for the recep-
ton.
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1912-07-05

Officer Maxi left Tuesday morn
ing for Duluth having in his charge
John Horvat who was sentenced to
40 days in the county Jail for
larceny. Horvat was found guilty
some time ago of stealing a watch
but was let off with a suspended
sentence under condition that he
behave himself. Last week he
again annexed someone's goods and
the sentence of 40 days followed.
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1912-07-05

Supt. Chas. Trezona accom-
panied by Mrs. w. E. Trezona
and his daughters Edith and Mar
tina arrived in the city Tuesday
evening on the new Chalmers car
from Duluth. The party in com
pany with the Chauffeur left Duluth
at 1920, stopped an hour at Eve
leth and arrived in Ely before
O'Clock, making the run up from
Duluth in a few minutes over five
hours. Mr.. Trezona says the
roads are in good shape. The
Chauffeur left the same evening with
the Cole car for Duluth but had a
break down near Robinson and wa:
forced to send to this city for help
w. A. McCurdy took his car and
rescued the man returning here
at about 2 O'Clock.
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1912-07-05

The Murphy clothing emporium
and the Coffey sample rooms have
been supplied this week with a
bran new metropolitan store front
each. Mr.. Vail the owner of the
building is also putting the same in
shape so as to be in line with the
new cement walks and other i'm.
provements being made by the city
The postoffice building is also ir
line for improvement. It certainly
needs it.
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1912-07-05

Rothman's gray team took a
notion to run away Monday after
noon and a lively runaway resulted
Mr.. Rothman was in the coal box
and hung to the lines. At the
lower end of Chapman street the
team was brought to a standstill
without serious damage. At one
time it was thought however by
those watching, that Mr.. Rothman
would be thrown from the wagon
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1912-07-05

While the employees of the light
and water department were chang
ing some lines on Sheridan street,
a cow belonging to VIM. fairfield
became entang1ed in live wire and
was instantly electrocuted.
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1912-07-05

Mrs. H. ]. Lockhart returned
Monday from Superior where she
had spent the past two weeks. She
was accompanied on her return by
Mrs. Hagerman of Superior and
Mrs. Wilton of Bozeman, Mont,
and children.
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1912-07-05

Mrs. A. Humble and children
departed Tuesday for Crosby,
Mimi, where Mr.. Humble has
acquired a furniture and undertak-
ing establishment. Several fare
well parties were given in honor OF
Mrs. Humble before her departure.
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1912-07-05
Automobile
For Hire
TELEPHONE NO. so

Messrs. Gus Morrison of Odanah,
Wis. and Frank Morrison of Maine,
arrived in the city last week for a
visit with their brother, Jas. Nor
rison, and family. The brothers
had not seen one another for some
time and it is needles to say the
visit is a happy one.
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1912-07-05

Mrs. w. c. Schulze of Chicago
is in the city on visit with her
sister, Mrs. A. Mattson. Mr.. and
Mrs. John Gernundson of Superior,
father and mother, of Mrs. Mattson
and Schulze are also here.
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1912-07-05

Mr.. and Mrs. ]. I. Laing and
daughter will leave on July 18th
for a three weeks visit with re-
latives and friends in various parts
of Canada. They will spend the
larger part of the time at Bucking-
ham, Quebec.
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1912-07-05

Jas. Mathews left Tuesday fol
the Twin Cities where he will
spend a week or more. Mr..
Mathews will also visit Saltwater
before he returns.
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1912-07-05

Miss Wilhelmina Pertu1la left
Monday for Chicago where she
goes to attend session of summer
school.
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1912-07-05

Mrs. M. G.. Whitford and child
rem left Tuesday for Fond du Lac,
Wis. for a visit with relatives and
friends. They will be absent some
time.
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1912-07-05

Mr.. and Mrs. Frank Kent left
Tuesday for Puritan, Mich, where
they go to spend the Fourth with
Mr.. Kent's sister whom he has
not seen in several years.
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1912-07-05

First baseman Mcclellan and
Pitcher Williams have arrived from
Virginia and will be employed at
the Pioneer. Both will strengthen
the Ely team.
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1912-07-05

Mrs. Thos. Brennan and children
returned to their home at Duluth
Saturday after a visit with friends
and relatives in this city.
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1912-07-05

See samples at Harry Dalton S
and let him figure on doing your
work. Kalsomining, hang
ing, decorating, etc. 4-19 If.
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1912-07-05
JULY 4TH
Celebration Quiet and Ord
erly---Weather Ideal

Ely, this year, did not rende
much in making the eagle scream
on our National birthday. VIVA
little it did however was given il
the good old Ely way and was en-
joyed by that portion of the popu.
lation who remained at home and
did not go to Winton, Tower, San.
dy Point, the lake and hundred
and one other points that offered
special inducementsto get next to
nature and furnish holiday.
The weather was ideal. A heavy
downpour of rain had thoroughly
dampened everything on Wednes-
day afternoon thus eliminating the
usual fire risk on July 4. The
Sampo band assisted by others had
prepared a small program of child
ren's sports. The band came out
at 7 O'Clock and played all day.
A 10 O'Clock a ball game between
Winton and Ely took place at Ath-
letic park and was witnessed by a
large number. The game resulted
in complete victory for Ely on a
score of 7 to / and only for a bad
throw on the part of the first to
third baseman would have been a
shut out for Winton.
In the afternoon the Ely boys
played at Winton and a very diff
ferent tale resulted, the game end
ing with score of Il to 4 in favor
of Winton.
The batteries for the morning
game were Williams and Martin
for Ely and West. and Byers for
Winton. In the afternoon, Harri,
Gianotti and Martin held the points
for Ely and Byers and Byers for
Winton.
Williams, the new man on the
Ely team showed up remarkably
well and was given excellent sup
port.
The K. of P. picnic at Sandy
Point took a large number of our
people from the hot stuffy streets
of the city to the lake shore. An
excellent day was enjoyed by all
who attended the picnic and the
time was enlivened by several
events. The Finnish society
launch was kept busy giving ex-
cursion runs around the lake.
Other boats were on hand and took
private parties out.
The lighthouses at the Point
were in constant use and many
spent a good share of the day in
the water. Prof. August Maxi
was present and gave an outdoor
exhibition of slight of hand. Some
games were played and the swings
and refreshment stands were busy.
The picnic was an innovation and
was approved of. 1t was clearly
demonstrated that Sandy Point was
the place to celebrate the natal day
in a safe and sane manner.
The automobiles and livery rigs
were busy all day conveying people
back and forth from Winton and
the Point. Our neighbors had
prepared an elegant celebration and
those from here who attended were
we'll repaid. The noon passenger
train took out about ESQ to the
Winton festivities. The Ely City
Band furnished music for the
celebration.
Individual displays of fireworks
and ball at the Turf Hall in the
evening closed the festivities. La
Brosse of Duluth furnished the
music for the dance at the Turf.
Extra attractions at the theatres
were also provided and the play
houses enjoyed good patronage.
Not an accident happened to mar
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1912-07-05

Harry Dalton is prepared to do
paper hanging, decorating, kali
somining, painting, etc., on short
notice and in a thorough manner.
see his samples. 4-1o If.
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1912-07-05

Mrs. Guy Moore and daughter
left Saturday for their home at
Virginia after a week spent here at
the home of Mr.. and Mrs Frank
Kent.
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1912-07-05

Mrs. Matt Meitunen and children
have gone to Brookston where they
make their future home. Many
friends wish them success.
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1912-07-05

Mr.. and Mrs. BENZ. Horovitz ar
rived in the city Saturday for a
visit with friends and to look over
their property interests.
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1912-07-05

Peter Cardew went to Coleraine
Monday to visit with his brother,
who was seriously injured in that
city few days ago.
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1912-07-05

Rev. S. A. Jamison of Duluth
will conduct services at the Presby-
terrain church next Sunday morn
ing.