Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1916-03-30
LAND OFFICE HOLDS
AGAINST THE
ENTRYW0MAN
ANDREW LARSON WINS HOME.
STEAD CONTEST AGAINST MISS
MARGARET DAUBENSPECK.
NOT SUFFICIENT RESIDENCE
Absence From Homestead by Reason Of
Teaching School and Caring for In
valid Mother.

The register and receiver of the local
United States land office Friday rem
dered their decision in the contest pro-
ceedings instituted by Andrew Larson
against the homestead entry of Mar
garet Daubenspeck, their conclusion be-
ing that the homestead was not taken
in good faith, recommending that the
entry be cancelled.
The 100 acres of land in controversy
is located along the Salmon river be-
low White Bird. Miss Daubenspeck "a
right to file on the land was disputed
by Larson, his allegation being that the
entrywoman has not complied with tho
homestead laws, having never establish
ed bona fide residence upon the land
and did not reside upon the land that
no crop of any kind had been grown ON
any part of it.
Notice of contest was filed few
days after the complaint of Larson was
officially received and the date for
hearing set for last November, when
oral testimony and dispositions were
taken. So conclusive was the evidence
that the local officials deemed it un.
necessary to analyze the testimony Of
each witness in. reaching a decision.
The witnesses testified in substance
that they were neighbors; that they
were familiar with the trails leading to
and past the cabin on the homestead; |;
that they travel these trails frequently
in riding after cattle and going to trad
ing point; that some of them saw the
entrywoman on the place once or twice
since she filed on the land and that
there was no indication at the cabin or
on part of the homestead that it was
occupied as a home by anyone and that
the entrywoman was absent from the
place teaching school.
The substance of the testimony for
Miss Daubenspeck was to the effect
that during the several months she was
teaching school she would return to the
homestead at week-ends and sleep in
her cabin nights and spend the days at
home of her parents, who hive in the
vicinity.
The evidence given by the entry
woman herself influenced the decision
of the local officials. She testified
that she established residence on the
land in June, 1914, and that she be-
gan teaching school in September of
that year; that from the time she
commenced teaching school she stayed
on the homestead more than three
fourths of the nights and spent the
days at the home of her father, where
she stated her assistance was necessary
owing to the illness Of her mother.
j According to the findings of the reg.
lister and receiver the contestee's resi-
!, dence on her homestead would ap
proximate rs cents up to the time she
commenced to teach school, one school
being 13 miles from the claim and the
other about 1S miles. Altogether, they
found, Miss Daubenspeck spent ap
proximately IT'S days on her home
stead and that giving her every benefit
of all she claimed, the total would not
be the six months required by law. Al
to the improvements and the area cul
, tivated, the officials considered then
as meetin~ legal requirements.
, Attorney A. s. Hardy of Grangevill,
appeared as counsel for Larson and At
torneys Wallace N. Scales and james
DeHaven of Grangeville for the entry
woman.-Saturday Tribune.