The Cordova daily times., 1915-08-16
CASE DECIDED BY
 THE COURT

terest throughout Alaska.
 The Chugach Forest Reserve, cover ing the land in controversy in this case, was created the 23d day of Feb, 1909. On May 8, 1910, defendant Jeter, according to his own testimony, first went upon this land. On Oct. 20, 1910, he put up- a small cabin, since which time he claims to have resided upon the land, leaving at intervals to earn money to enable him to continue to live thereon. He also claims to have done some clearing and cultivat- ed small area of the land, and that the value of all Improvements placed by him on said premises Is 5000.
 He testifes that he had interviews at different times with special agents of the Interior Department and the Forestry Service and that he applied to the District Forester to locate said land as homestead; that in May, 1913, he applied to the US. Land Off, ce at Juneau to file upon said tract as homestead. but was informed that the same had not been listed or plated or eliminated from said forest reserve and they could not accept any filing thereon. He claims that some of the agents of the Land Department with whom he talked here in Alaska assur- ed him of their Willingness to see him acquire said land as a homestead; one of them after investigation saving ! that he now passed him ID to the Secretary or the Interior"
 The situation is clearly set forth in the letter from the District Forester to defendants attorney, dated Nov. 12, 1914, as follows:
 T have carefully examined the ad- ditional report and map transmitted in this case and find nothing in the statement of facts which will now justify listing the tract sought by Mir. Jeter
 Tt appears that Mir. Jeter settled thereon without due authority and sub sequent to creation of the National Forest. Such settlement created no valid claim. His continued occupancy and improvement of the land illegally appropriated conveyed no valid right therein, even though such occupancy and improvement were condoned by the forest officer in consideration of the possibility of it's being listed to
 MT. Jeter under the act of June, 1906.
 He was not willing to accept the list ing survey by metes and bounds made by the forest officer. He desired to have the matter of listing held in abeyance to await the General Land l office survey, in order that the tract . might be listed by legal subdivisions. But for such delay on his own motion. :. the tract could have been listed with :. the Secretary of the Interior and : Jeters preference right of entry ac- ! quiring prior to withdrawal by excu- tive order which has intervened and now defeats the acquisition of such right. a. ....
 MT. Jeter's application was finally reflected by this office by letter of 1 Oct. 6. MT. Jeter's homestead appIica- tion has been difficult one to handle, since it has been impossible to adjust the boundaries of his claim in such way that it would be satisfactory to him and yet come within requirements of the law"
 In effect, all of the efforts of the defendant to make valid hon'este hlins or location of said premises amounted to no more than an attempt lo Duy land which the owner was not yet ready to sell.
 Something was said at the hearing Of this case with regard to the delay, either by the Secretary of the Interior or the Secretary of Agriculture, or some one authorized to act in the matter of eliminating lands from national forest reserves which is very prejudicial to the defendant. This may all be true and still the defendant is in no posi- tion to claim legal or valid right to said land until such time as the officers authorized by law to dispose of said land, performed the various admins. trative acts delegated to them by the public land laws of the United States.