davidaulloa/AmericanStories huggingface dataset:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-05-28
LOST. FOUND AND REWARDS.

NOTICE Certificate OF membership u.
G63, issued by the New York Produce EE-
change, December 81 1891, to John II.
Shuts. IT,. having been lost or mislaid, APP
plication has been made 20 the Board ~
Managers for new certificate. All persons
interested arc hereby notified TO show cause.
within tho next six weeks. why such new
certificate should not be issued. J.. b. Howe,
SecralaIH- Vow NorL. Nav II. l9l3
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-05-28
rYPEWRITiNo AND TYPEWRITERs

VICTOR vIsfBLE. 10 Nassau ct. Cataiosus
free; ali makes TAKEN ri payment; bargains
In Underwoods. ReminRtons. Olivers smitha
ADVERTISEMENTS AND SUBSCRIPTIONS
for Tho Tribune received at the Uptown
Onice. No. 1864 Broadway, between Soth and
37th SITS until O'Clock m. Advertise
ments received Al the following branch Offices
at regular rates until o'clock p. m. viz:
o1 Sth ave, =. .. I'D St 15s 9Th ave,
cor 18th ST. Ioa East 14th st: PSI West 42d
St between It'll and sth ayes. 263 West
l25th ST 1898 80 ave; 17os LIST ave. near
Sgth ST
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-05-28


SUPREME COURT. COUNTY or NEW
Works. Sidney Smith, as Executor Of the
last will and testament OF Ammo :. Toney, de-
ceased plaintiff, against Samuel Cohen and
others. defendants.
In pursuance OF Judgment OF foreclosure
and sale duly made and entered i'm the above
entitled action, and bearing date the SIN
day OF April 1913. !. the undersigned. tho
referee i'm said judgment named, will sell
AZ public auction. a. the Exchange Sales
room, Nos 1915 Nesey street. IN tho Bof-
ough Of Manhattan. city OF New York. on
the Goth day OF Nav 1918, 81 l. o'clock
noon on that day. by Joseph =. Day, auc-
tiouecr. the premises directed by said jude-
mcnt to be sold. and therein described as FOL
An that certain lot. piece or parcel 81
ground. with the building thereon erected.
situate. living and being I'm the Eleventh
ward ~ the city OF New York on tho West
crly side OF Avenue ID and known and dis
tinguished on a Map Of one hundred and hfty
lots Of ground situate I'm the Eleventh Ward
~ the CITY Of New York. belonging 20 tho
estate OF John Flack deceased. made by ID.
Even, City Surveyor. In March. 1888. ana
filed in the Registers ONCE OF said city Nv
the Number One Hundred and forty four
40 bounded Fssterly in front by Avenue
D. westerly in the rear by part OF lot dis
tinguished on said Map ny the number one
hundred and forty-onc G41b, Northerly by
q lot distinguished on said map by the
number one hundred and forty three G48l
and Southcrly ~ a lot distinguished on said
Map hv tho number one hundred and forty
Eve G4JI. said lot containing IN breadth IN
front and rear twenty-thrce feet and six
inches and I'm length on each side ninety 20
three fcet. more or less.
Dated. New York. May 9Th. 1913.
EMIL FRANKIE, Referee.
ELLIOT & S. SIDNEY SMITH. Attorneys for
Plaintiff. 80 Wall Street Borough Of Man
haitian. city Of New York.
orty 10 he sold. Its street number is 1913
Avenue d:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-05-28
DETERMINATIONS.

ROACHES, RED BUGS. etc. permanently .X-
terminated: city or country, work guaran-
toed Eastern Insecticide Co. 4sl Columbus
ave Phone s03s Schuyler.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-05-28
,ew BUILDING PLANS.
MAY %.
Manhattan.

CT s. 10 II or 80 ave; Tor a
e1H s,nkier test house. 19xl9, Fire De-
So 81 ownor: J ? Richil. l5T East 61tn
srshiinsTSSjA =. e s. 1915 It n OF oath st.
BROAD Nv moving picture theatre, AK
r uj-rins, I Madison ave, owner;
-. Div 20. III Broadway, lessee: ]
i1ld - h'2 Ii West 125th ST. architect;
81 4a.woRTH AVE. W s, 600 u n Of
Tor S sty tennis, 56NlO2; Com
sih ~. Go. no West 40th 81, owner;
70 E 80 & Leuchtag, sos 9th ave arehi-
ss Sl ~ y s. 200 It e Of 9Th ave; for
6Ih ,s"oSxSa: L 3 Squier. 521 Park ave.
50 "', Morton Gray, l4o2 Broadway.
,sisci $4,000.
The Bronx.
w " g. "a II Of 1881 st; open
- ~ sGzt2O. Sauphy Amusement CO.
nss1Sa I'd ave and 140th ST. owner.
3 0I nof jr. 81 East 1jsth ST. architect.
AVE. . e. 100 n Of Balcom ave,
b,Atf,,me camp. 12X+s; Charles Weber
81 ,sne owner and architect; cost, SlJO.
rs .i L't n 5 s. 1920 fl Of Brentwood
ar % frame dwlg. 21X42; Giuseppe and
rt "a Rsus. o4SQ Belmont ave, owners;
% y. ~, Gaudio 4O1 fremont ave- archi-
d. cast. $4,000.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-05-28
ARMY

,,ssls ABEL J.. SMITH, qusrtermaster
pps; EDWIN T. GLENN, Sd Infantry:
lBNER PICKERING. 18th Infantry. and
CARRIES r. MOVES. infantry; Lieutenant
C,lonels GEORGE II. MORGAN, 18th Cav
sy; FRANCIS ]. HERMAN, Adjutant
general: CHARLES W. KENNEDY. 10th
r'sniry. HENRY ID. STYER. 18th Infantry:
DANIEL l.. TATE. 9th Cavalry. and Gle
uENT 4. l.. FLAGLER. corps 81 engineers;
Majors ABRAHAM Z. BURLINGTON. 2lst
tan,ry; GEORGE H. CAMERON. 18th
a7slry: GEORGE W. READ. 9th Cavalry
ULLlAM s. ArNAIR. 9TH Field Artillery;
iLSTON HAMILTON. coast artillery: JO-
'gPH D. LElTCH, 18th Infantry; HENRY
6 LEARNARD, 14th Infantry, and TRU-
IAN O. MURPHY. 18th Infantry. TO army
'r college. August 10, for instruction.
tr HARRY r. LEE. nth Infantry, de-
lln member Of general staff corps, vice
h.r CARL REICHMANN, general staff
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-05-28
BUSINESS CHANCES.

SHOE STORE for sale in centre OF orange,
no Reasonable offer refused, as owner has two
stores and cannot attend TO both Csh or
D Wolf cs2 MARKET ST., Newark. n. ).
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-05-28
WORK WANTED.
dale

-'slNEER, German practical machinist. IN
stands Corliss dynamo and repairs, wants
: ,l IN factory. city or country. Engineer
~ ls ave
nc MAN en- route Pacific Coast per
snal business. making week stops. desires
..onsl occupation. handling staple line
Haolishing agencies preferred; commits
~ uSsis only. o. b.. Box 20, Tribune
--..Hn Once. 1864 Broadway.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-05-28

-. AFT James Butler. Inc. ct al;
3 Egslan1o9, nv bondl; S2S7 81.
I, II Is ,IT ylSy 40s and 500; James Roddy
AssoApgN, sH ", ct al; May H. 1913; $40.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-05-28
ARMY AND NAVY ORDERS.

IRON The Tribune Bureau
Washington, Nav o..
ORDERS ISSUED. The following orders
ave been issued:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-05-28
APARTMENT HOTELS.
TIKI NATGnOM 9th Ave.
II MI LE1lNuDOlS seth :

Now open. Now Yorks Tafest fasNTonah7
hotel Booklets and particulars on reques
EDMUND II. CHAIILLON.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-05-28

Tho approximate amount Of the lien or
charge. 1, satisfy which the above described
property is 10 uo sold. IS Ten thousand nye
hundred aul forty-threc 30 100 $50. 0l35'l
Dollars. with interest thereon from the 3lst
1av OF March. 1913. together with the costs and
allowance amounting To S33OCJ. with interest
from 7th April. 1913 together with the eN
penscs OF the sale. The approximate amount OF
Tho taxes assessments and water rates, or
other liens. which are 70 be allowed TO the
purchaser out q the purchase money. or PAID
l., the Referee. is SS37 ~ and interest.
Dated Nov York Nav 2lst. 1913.
"a. Il nRInGE TAFT ErfcrTc
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-05-28

ADVERTISEMENTS AND SUBSCRIPTIONS
for The Tribune received at the Uptown
Office No 1894 Broadway. between 86th and
31th SITS. until o'clock .. m. Advertise
nents received NJ the following branch Offices
at regular rates until o'clock p. m, viz:
o6< sth ave, s. O. 23d st.: 1853 9th ave.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-05-28

aEE ILLUSTRATED BOOK tells OF about
10000 protected positions in q. s. service:
aassnds OF vacancies every year: there IS
4 sg chance here for you: sure and gen
wa pay: lifetime employment: just ask for
Nslst 1885. no obligation. Earl Hopkins.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-05-28
lOEE8TIc SITUATIONS WANTED.
Male

'.iLER-VALET (3s). thoroughly expert
"a absolutely sober AMI neat. good
=, Keep silver well: love 10 work; best
- llsrences. $50. Butler. POS East 18th ~
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-05-28

OcAL REPRESENTATIVES, WANTED.-No
snvsssing or soliciting required: good IN
~ assured Address National Opera
- Realty Co. V-1232 Marden Building,
sAington p q.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-05-28

f! MADE $50. 600 in five years with a small
csi order business. began with 50; SEND
r free booklet: tells how. Heacock. 5000
export y. Y.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-05-28

:okNERclAL SITUATIONS WANTED:
.sNoGRAPHFR. Typewriter. telephone OBJ
seof; years experience architectural
~ Commercial thoroughly competent ana
! zoe; above average. Address a. G., Box
' lHoune Uptown once. 1884 Broadway.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-05-28

SlToR. hot water tenement lOi West ssth
T. Cal Wednesday after p. m. Schineia-
{, ID Naesau &C.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-05-28
Observation-Disclosures.

DREssMAK ER.-competent; makes and re.
models: children's a speciality. juliet 10
east 10Th at Tel 408 Stuyvesant
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-05-28
HELP WANTED.
Gi.Iale.

Lale.
lsLNTS-sanpie FREE OF tho one live seller;
iss1sd b. every one; write for II and also
y our attractive catalogue The Dauphin
spy Co Fox n. Dauphin Pa.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-05-28
Steamer Mary Powell

Afternoon boat FOR West Point Newburgh.
Poughkeepsic. Kingston and way landings
leaves Dcsbrosses ST.. 1:i5 =. n. W. 42d ST..
~ NJ: W. 12gth St. 2;2O =. NJ Daily eX-
cept Sunday. Ideal outing 20 West Point.
returning by boat or rail
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-05-28
MOVEMENTS OF. WARSHIPS.-The
following movements Of vessels have been
reported 10 the Navy Department:

Nav 26-The Reid. from Annapolis for Char
lesion the Tacoma. from Puerto Cortcz for
Guantanamo; tho Virginia. the Georgia, tho
Rhode Island. the New jersey, the Beals,
tho Walker tho Perkins and the Ysnktou.
from Newport FOR Block Island Sound, the
S0uoma from Newport for New York.
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-05-21
POISONED BANKER
STILL BALKS DEATH
Millionaire Who Took Mercury
by Mistake Cannot Live,
Doctors Maintain.

MACON. Ca, May Islanders
Walker, the young banker who took
biehloride of mercury by mistake, to-
day cheerfully continued to defy the
physicians solemn prediction that he
must die.
IF this is death, then no one need
fear it's horrors he said as he read
baseball Scores propped up in bed
His face was the most cheerful in the
stricken house.
The fact that he has lived a week
and suffered no pain since first taking
the poison is puzzling the doctors, but
only the most optimistic of them hold
out hope that he can recover.
The attending physicians are SO
mystihed by the case that they
frankly confess they would not be
surprised at any turn the case might
take.
Drs. Charles C. Harold and Max
jackson are in constant attendance,
with the assistance of a corps of
nurses. The longest case on record
of a person living after taking BIZ
chloride of mercury is twenty-one
days.
DR.. M. M. Staples. one of the ply
sieians interested in the case. was
told that Johns Hopkins University
doctor has said that transplarting
kidneys might save Walkers life DIR.
Staples said:
There is not the slightest doubt
that Mr.. Walker will die. The poison
has gone all through his system, and
is not confined to the kidneys. Even
If it were only in his kidneys, he
would die under an anaesthetic.''
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-05-21

EI~uuu-W as h burn &
u AOOaA Crosby's Best
Gold Medal Brand Flour; special
241z-lb. bag, this sale 69c.
Herring delight" Brand; ap-
petizing fresh herring worth lie
can; special this sale &c.
BY the dozen, soc.
Soap-"Asco'' Brand perfumed
CASTLE floating soap, for toilet and
bath; can also be used for the
most delicate linens, woolens,
laces, ETC.; extra large cakes, cake
Sc.
3 for 25c.
Proctor & Candles Ivory Soap,
Naptha Soap, -Naptha Soap
and Satin Gloss Soap, cake 4c.
Cleanse r-Armour's Light
house" Brand Cleanser; SC can.
BY the dozen, 55c.
Metal PoIish-Magic Metal Pol.
ish; a superior polish for all
metals; special this sale, pint cans,
tic; H-pint cans, &c.
Sal Soda = "Surety" Brand
package Sal Soda, sure TO give
satisfaction; special, this sale,
&c. About ~ lbs. to pkg.
Floating Soap Kirkman's
White Soap or Fairy Soap; spe-
cial this sale, 10 cakes for 37c.
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-05-21


- Havemeyer &
sugar Elders Stand
ard granulated sugar; put up in
muslin bags of 10 lbs. each; spe-
cial, this sale. 44c.
Fresh Fruit and Vegetables,
Oranges Fancy thin skin and
juicy Florida Oranges; special,
this sale, doz., 39c.
Lemons-Fancy Messina juicy
lemons, large size; special this
sale 24c dozen.
Potatoes--Fancy new Bermuda
round stock potatoes; good, mealy
cookers; GOT. basket; special this
sale 44c.
New Charleston Potatoes -
Good round stock; special 6-quart
basket, 3Sc.
Pineapples-Ext fancy Porto
Rico Pines; all sound and fine
favored; special, each lie. BY
the dozen, $1.25.
Onions - Fancy new Texas
Onions; 6-qt. basket; Specialize.
Grape Fruit Fancy large and
juicy Grapefruit, each Sc.
4. for soc.
Sardines-The "Surety" Brand;
toasted, packed in pure olive oil;
special, this sale, tin Toe.
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-05-21
NO. PLACE FOR oUAcKs

WASHINGTON, d. c., May 21--A
sharp attack on the plan for a Fed
eraI department of public health as
recently outlined by DR.. George IL.
Simmons, of the American Medical
Association, and DR.. Harvey w.
Wiley, was made here today before
the convention of the Proprietary
Association of America by o. G.
Pinckney, of New York, secretary
and treasurer. The association is
composed principally Of proprietary
medicine manufacturers, The speak
err disclaimed any opposition to
Federal department Of health and
declared that the association had no
place in its membership for "quaclSs
or purveyors of fraud" and that 1t
was in thorough accord with the
pure food and drugs law.
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-05-21
THREE FOUND GUILTY
OF MANSLAUGHTER
Especial to the Newark start


PATTERSON, N. j., May 21.-The
jury in the case of the three men on
trial for the murder of Philip Bres-
colone, today found all guilty of man
slaughter. Only Andrew Liebok was
recommended to the court as worthy
of mercy.
The men, all living in Clifton, are.
beside Liebok Michael Pristoch and
Michael Soreke.
In the course of the trial Justice
Minturn strongly condemned John
Lentz, a saloon keeper of Clifton, for
violating the law in opening his sa-
loon on Sunday In Lentz's place the
fight occurred, which ended with the
killing of Brescolone. Steps will be
taken to revoke the license of Lentz.
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-05-21
NEWARKER is RECEIVER
From a stan Correspondent.l

TRENTON. N. j., May 21.-Judge
Cross, in the United States District
Court today appointed John Howe, of
Newark, receiver for the Mill and
Factory Sales Company, of Jersey
CITY and New York. The creditors of
the concern placed the value of the
companys goods at $4,000 and asked
for the appointment of receiver for
the preservation of their interests.
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-05-21
INSPECTOR GOES INSANE
tsnecial to the Newark start

ATLANTIC CITY. N. j., May 21.-
Constant worry over his duties as in.
spector of the new county almshouse
and asylum in course of erection at
Smiths Landing caused Charles Coch-
ran to become violently insane, and
he is now an inmate of the institu-
ton. From the time he began his
duties Cochran had followed closely
all the details of the work, and an
unavoidable delay in construction a
few days ago rendered his nervous
condition alarming, The strain be-
came too great for him.
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-05-21
ASK WAGE INCREASE

ATLANTIC CITY, N. j., May FL
The convention of the Brotherhood of
Railway Mechanics closed with the
election of these officers: President,
Thomas Mcneil; vice. president, G.. B.
Wagner; secretary, F. Holman, and
treasurer, r. p Britton, all of Phila-
delphia The committee on working
conditions reported that an applica-
ton for an increase in wages is now
before officials of the Pennsylvania
and Reading Railway companies.
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-05-21

MMSllp Sweet Clover or
AvAAAkN Magnolia Brand
Condensed Milk; special this sale
10c.
Coffee r ness" v hi ss
grade Coffee; sold elsewhere at
35c and 40c; fresh roasted on the
premises; bean, ground or pulver-
lied, to your order; this sale, spe7
cial 27c ID.
Baking Powder - "Surety"
Brand; pure grape cream of tar
tar; as good as the best
5-lb. can. .sl.So
lib. can. ............ ....zSc
H-lb. can. 1880. loo
Formosa Oolong, English
Breakfast, Ceylon or Mixed Tea;
splendid drinking quality; COM
pares favorably with SOC teas sold
elsewhere, 33c ID.
3 lbs. for. ............... .95c
Corn Flakes-sQuaker" Brand;
toasted corn flakes, a delightful
morning dish; special this sale
&c pkg.
BY the dozen, Csc.
Oats-Mother or Quaker Brand
rolled oats; special this sale, &c.
By the dozen, $1.00.
The Parker post., 1913-06-07

by both the law and good administra-
ton, that no rights are obtained by
an attempt to settle or file upon
lands at the time embraced in a
reservation of withdrawal made by
or under proper authority.
Following the above rule this Of
flee in answering a personal letter,
relative to these lands, declared:
In regard to the rights of squat
ters or settlers who may have
settled in anticipation of securing a
preference right to enter said land
vised that since these lands are with
drawn under the first form of with
drawal on Sept. 8, 1903, and that
said withdrawal continued in force
until the restoration dated Jan. 10,
1910, no person would be permitted
to gain or exercise any right what
soever under any settlement or oc-
cupation begun since Sept. 8, 1903.
Your decision is reversed, subject
to the right Of appeal.
In the event this decision becoming
final, Gus B. Cauldwell will be per-
mitted to perfect his homestead ap-
pication for the land in dispute.
Respectfully,
(Signed) S. V. PROUDFIT.
Asst COMMISSIONS
The Parker post., 1913-06-07
PARKER STUDENTS
AT STATE NORMAL

TEMPE, Ariz., June 4.-Of the
three students returning home for
the summer from Yuma county, two
Of them belong to Parker, the thriv
ing little city on the Colorado river;
the other to the city Of Yuma.
Miss Gladys Evans, daughter Of
Mrs. W. H. Clayton of Parker, is
going home after her first years
studies are completed to spend the
summer She is very fond Of her
Latin and Algebra more so than of
any Of her other studies. She is an
enthusiastic basket ball player, and
can often be found in the library
reading as a rest from regular study.
The mind does not need idleness to
rest, but change Of work. 1t is a
tireless worker, and is not apt to
be tired with legitimate work, but
growls when it is pestered by illegti-
mate stuff
Spencer Graves, son of G. w.
Graves of Parker, is through with
his first years work, and is we'll
pleased with every department of the
school. He is a member of the ath
letic teams, and of the school cad
cts, enjoying the encampment for
four days under the care of Prof.
Irish, on Salt River seven miles out
from the town Of Tempe. Spencer
will return in the fall.
Though none of Yuma County
pupils graduate this year, they are
intensely interested in the fifty-two
who do graduate, making $50 turned
OFT Of the school who hold lifn
diplomas to teach in the Baby State.
This means much to the state of
Arizona, for not one of these grad
yates Of the 535, got his or her di-
ploma without first teaching an hour
a day in the school for one year in
he Training school-the pupils OF
which are part OF the public
schools of the town of Tempe, rang
ing from the first primary to the
eighth grade.
The Parker post., 1913-06-07

A little girl wrote the following
composition on men: Men are
what women marry. They drink and
smoke and swear, but don't go to
church. Perhaps if they wore bon
nets they would. They are more
logical than women, and also more
geological. Both men and women
sprung from monkeys, but the women
sprung further than the men,
The Parker post., 1913-06-07
IMPORTANT RULING
Continued from Page H.

ferring to this office a letter from
the photographer of the Geological
Survey, relative to Withdrawing these
lands, directed as follows:
Respectfully referred to the Com
missioner of the General Land Office.
with instructions to temporary with
draw from settlement, entry or other
disposition under the public land
laws, the lands herein described.
On Jan. 10, 1910, the Department
restored said lands to settlement and
entry, using the following language:
will be subject to settlement
under the public land laws of the L.
s., on and after April IS, 1910. but
shall be not subject to entry, filing
or selection, until May IS, 1910, at
u. S. Land office Los Angeles, Calf,
warning being expressly given that
no person will be permitted to gain
or exercise any right whatsoever
under any settlement or occupation
begun after Jan. 9, 1910, and prior to
April 1S, 1910. all such settlement
or occupation being forbidden.
And on Jan. 21, 1910, by office
letter *, said order of restoration
was transmitted to your office, and
in the letter of transmital you We're
informed that:
In this connection your attention
is directed to the facts set forth in
said notice, that warning is express
ly given that no person will be per
mitted to gain or exercise any right
whatsoever under any settlement or
occupation begun after Jan. 9, 1910,
and prior to April is, 1910, all such
settlement or occupation being for
hidden.
Your decision in favor of Wells
seems to have been based largely
upon the quoted part of said letter,
and your construction placed thereon,
for you say: "The order of restora-
ton quoted above indicates that set
tlement was not forbidden prior to
Jan. 10, 1910" 1.-THE date of the order
of restOration). You then suggested
that Wells gain no right as against
settlement, and that it also obvious
that Wells could not be permitted to
gain any advantage, by reason Of
such settlement, over a rival claim
ant who went on the land i'm
mediately upon it's becoming subject
to settlement; that, had Cauldwell
reached the line of the quarter sect
ion and crossed over promptly at
twelve o'clock that night, he would
have been a simultaneous settler
with Wells, but Cauldwel admits
that it was twelve five A. NJ. when
he reached the land and that Wells
was already there.
In other words, you found that
as settlement was not forbidden prior
to Jan. 10. 1910, the settlement of
Wells made in 1908, was lawful, and
as Cauldwell does not claim to have
initiated settlement until five
minutes after the hour the land was
open to settlement, the settlement
OF Wells was prior in point of time
and superior in right to that of
Cauldwell, etc.
Your analyses and Interpretation of
said office letter * is erroneous
Such Interpretation would make this
office change, and, in effect, nullify
the Departments order of restor-
alton, and authority and power this
office does not possess nor assume
Again, it was necessary, of course,
for the order of restoration to at all
refer to settlements prior to said
order, as the withdrawal was a legal