Evening capital news. (Boise, Idaho) 1901-1927, 1912-09-29
SUNDAY oAPETAL NEWS SUNDAY, sEPTEMBER %, 1912

the followine Allegations:
"That said stephen A. Pennick did
mot reside upon said homsstead In good
faith since the date OF his said entry;
that he at ali times prior % the making
| OF his final proof on July -. 1Soo. main.
tained better, more comfortable and
better furnished residence on Adjoining
land where he kept his stock. farm ma
chinery and maintained his actual res
iidence when In the vicinity OF eAl1
Homestead"
This application to contest wa tra,s-
mitted to the commissioners. who In.
structed the local Office 20 proceed
with the contest. After some delays.
notice Of hearing was issued fixing tho
taking Of testimony before the clerk Of
the district court ct Council, Idaho.
on March 10. 1919, with ANAL hearing at
Boise on March 10. 1912. Transcript Of
tho testimony was flled on July Is.
l1S12, and brief for the contestant on
July 81. 1912.
Rssidenos Was Prstsnss.
| The register and receiver dispose Of
the contest. concluding their opinion in
the following language:
During all this time, while oil these
proofs were pending, this entryman
never did anything, excepting to fix up
the cabin, which would indicate that
he intended to make . home on that
land. His home was on the decided
land and he did not plan to have q
home on this land. He kept no stock
on this land4 had no chickens on this
land, nor did he have anything else
there excepting this small house, worth
$50 or $50. No home surroundings had
been provided for at any time. His
wife stated his home was not on the
homestead prior to February. 1908. At
all times up to the time he finally left
the property he maintained homo on
the decided land. and any residence he
may have maintained on the homestead
was a mere pretense for the purpose of
gaining title.
"In the light Of all the facts brought
out by this record. we cannot view this
case in any other way. 1t should he
further stated that Immediately after
Offering the third Communication proof
this entryman moved away. He moved
some Of the things from the homestead
to the house on the decided land, and
from there he moved them away to 4
distant point. He has never lived on
| tiiiS AOiICstCaA AOA a hIOluCut CItC0 VI
fering the last Communication proof.
There Is no satisfactory evidence that
he offered this proof because Of condi-
tions making It desirable to do 30. His
first Communication proof was offered
about the time he was married. He
stated he offered the last proof on &C.
count Of his wife's III health. and his
Explanation Of the second proof II Of
-
! is nothing which would warrant tho
conclusion that this entryman had any
reason for offering communication proof
other than that which he seemed to en-
terrain from the start that he would
commute the entry and secure the tract
for the family holdings which were
being accumulated in that immediate
locality.
Entry 10 Cancelled.
| I'm the case of Gilbert Satrang, 81 l..
D.. 6S3. 1t was stated:
Residence within the meaning Cf
the homestead law must be established
and maintained with the intent to make
a permanent home upon the land to
the exclusion of home elsewhere. II
can not be acquired by mere occupancy
with view solely to acquiring title by
a colorado compliance with the law
but actual residence must be main
tanned in good faith with the intent to
make it permanent
THE record shows that this entry
man never put himself within the rule
therein laid down. He did not estab-
lish and maintain q residence in good
faith with the intention of making II
permanent. IIis occupancy was solely
for the purpose Of acquiring title to the
land, and his compliance with the Law
was merely colorado. For these rea
sons we hold the entry should be can.
Celed"