East Oregonian : E.O. (Pendleton, OR) 1888-current, 1915-02-27
/ JALLEN WINS
CASE INVOLVING
HE|RSH|P LAND
Government Won't Allow Defeated
Bidder to Raise His Price
SWartzIander 0VenuIed.

Under a decision just given by the
department Of the interior in a case
between L. L. Rogers and ]. T. Lieu
alien. involving 40 acres Of Indian
helrship land the recommendation OF
Major E S. swartzlander for a re-
sale is overruled and the Indian bu.
reau is directed to accept the offer
o: Mr.. Lieuallen for the land.
The decision is OF much interest
here because It lays down a policy
b. the department. This policy sum-
med up Is that when Indian heirs
wish to sell their land and ask that
| bids be advertised for and they are
willing TO take a price equal to or
greater than the appraised price ana
such price is offered by the highest
bidder the land shall go to such bid.
der unless showing shall be made
TO the effect the appraisement
was not right or that there
Was some irregularity In con-
nection with the bidding. In other
words, the department takes a stand
against an unsuccessful bidder max
ing an effort to raise his price after
he has been defeated in free and
open bidding.
The 40 acres involved in the case
iuet dacidad 4, fooatad a.. .aotga- 1E
township three. range "a. The heirs
are Allace Larador, Nellie Lewis,
May Crowley, Agnes Morrisette. Effie
Adams, - - Friedlander, and - -
McGinnis, the last named being a mi I
nor The land was appraised by Ma
jcr Swartzlander at s3s0O. For the
lend L, l. Rogers bid $4,000 and J. I
T. Lleuallen $4,000. 90 -
The ruling goes on to show that
after the bidding was over an heir
representing oneIfifth the property
objected to the sale, saying she could
get more money were the land read
vertised. The superintendent is quot
ed as saying he had been informed
by Mr.. Rogers that II new bids were
called for he would guarantee that
a higher price than s4060 would be
bid and that E. A. Dudley. an uncle
Of Rogers had guaranteed TO bid
not less than s440O for the land
should 1t be resold.
The conclusions of the department
in the case are summed up in the
following:
In this case there was no protest
that the appraisal Of the land en-
bTaced in the allotment of Nelson
Lavadore. deceased. was not at its.
fair valuation. No claim has been
made that the price offered by Leu
allen is grossly inadequate or that
the purchaser has been guilty OF any
mfairness, or that there was any
fraud or irregularity whatever in
connection with the sale. on the
contrary, the price offered is well
above the appraised value and every
indication is that such price is an ad-
equate consideration for the land.
The only objection is, coming from
one of the heirs representing only {
NIN-lAANll AiNNAN0N III AAAN NSAaNNs NAA1N
ii the land were put up for sale again I
1t would probably bring a greater !
price. The only probable increase Z
that can be referred to with any de-
gree of certainty is sS40, which, in J
a sale involving over $4,000 in itself.
rdicates that the price obtained rep
the fair value of the land.
The Recommendation of the SUI
for resale is based on !
the fact not that the offer of Lieu
allen was below the fair value of the 7
but that other parties had I
stated to him that they would give 7
more in case of Reimbursement. This I
even If there were an actual guaran- 9
Ice of an increased price which there I
IS not. is sufficient as none of the G
elements that would ordinarily justl-
1y resale are present here and this I
would be true even though all the 4
1eirs were objecting to this sale.
II may be said in this connection e
hat under the regulations in apply a
ng for the sale Of this allotment v
here was assent, tacitly at least, on 6
he part of the heirs that they would
accept the highest bid above the ap-
praised price; this of course, in the
lbsence of evidence showing under
inadequacy OF considera-
ion, or such fraud and irregularity
Is would indicate the sale under the
rules. r
The conclusion herein Is all the
more justified from the fact that all
he heirs expect one desire conrirma-
ion ofthis sale. and it clearly has
,ct been shown that Reimbursement '
md resale would be for the best in o
crest of all the heirs. y
In view of the foregoing the sale o
II this allotment is hereby approved
o J. I. Lieuallen, your office will
axe appropriate action accordingly
Very respectfully,
Signed.) 30 SWEENEY. I,