Evening capital news. (Boise, Idaho) 1901-1927, 1913-01-05
RULING MADE ON
ENTRY IN FOREST
BY Department
Decision Given in Favor of
Charles S. Lynes in His
Controversy With Arthur
o. Huntley.

Charles S. Lynes has again received
a favorable decision in his controversy
with Arthur O. Huntley. whose home
stead entry of land within the Weiser
interior department Jan. 80. 1911. This
is the final decision, and settles one
OF the most important legal questions
raised in land litigation in recent
years. The land involved, which is
one of the most valuable tracts on the
Snake river, goes to Lynes The con-
troversy arose over a contest by Bert
M. Benton, who applied for the land
subsequent to Lynes' application under
the act of June 4. 1906. but by reason
of the prominence Of Huntley, who is
a wealthy land owner in the Weiser
section, and the fact that Benton is
understood merely to be a nominal
party. the case has long been known
as the Lynes- Huntley case.
The history of the fight goes away
back to March, 1909, when the COM
missioner of the general land office in
stituted proceedings against the Hunt
ley homestead on the ground of fraud
in its inception. After a spirited con-
test by the government officers, and
repeated appeals to the various off
cials of the interior department,
the secretary finally cancelled the
Huntley homestead entry Mean
while Lynes, on Dec. II, 1905 APP
piled for the listing of the land
under the act of June IL. 1905,
subject to tho result of the gov
ernment's contest against Huntley's
entry. On Jan. Z. 1911, the secretary
of agriculture listed the land on Lynes'
application. and on 10y 81, 1911, the
tract was duly opened by the secre-
tary of the interior to homestead en-
try. On April 10, 1911, Lynes filed
his homestead application, and on April
26, 1911, Bert NJ Benton filed his APP
pication for the same land. Both
applications We're suspended, and on
May 81, 1911, attorneys for Benton
filed in the Boise land office a protest
against the allowance of Lynes' appli-
cation. which the local officers, on
June 10, 1911, dismissed holding that
Lynes had the preference right Of en-
try to the land In question by virtus
OF his listing application. Benton
then appealed and on Dec. 10, 1911,
the commissioner of the general land
office affirmed the action of the 10
cal officers and Benton again ap-
pealed to the department of the inte-
rior. from which the present decision
comes
Decision of Secretary.
Among other things. the secretary
holds:
IF the department Of agriculture had
jurisdiction over the land listed prior
70 the final cancellation of the Hunt
ley entry. Lynes secured the prefer
ence right. since the listing was based
upon Lynes' application. The jurisdic-
tion of the secretary Of agriculture to
list for restoration lands which are
part of national forest is absolute,
and not dependent upon the filing Of an
application therefor It has been here
tofore determined that Huntley never
maintained a bona fide residence on
said land. II is manifest therefore.
that the withdrawal of March 2, 1897
Creating the reserve attached on that
date, the entry. ON account Of which
the Lass Was not being compiled with,
not preventing the land from heeonl-
ing at once part Of the Meiser ma
tional forest THE, the jurisdiction
remained with this department to
clear the records Of the forfeited claim.
but the withdrawal was not to take
effect upon some remote or future con
tingency but was a present reservation
saving inehoate rights so long only rs
the law under which they were asserted
was complied with
This department cannot properly
consider the administrative expedlency
of the listing of land within national