The Alaska daily empire., 1916-05-19
DECISION IS
 MADE IN THE
 SEATOR CASE
Officials of the Local Land Office Recommend Rejection of the Application of E. Lang Cobb for An Extension of Time to Make Surveys.

The register and receiver Of the local land office have recommended that the application of E. Lang Cobb for an extension Of time In which to make surveys Of tho Scatter tract on hls application for a patent as a Sol. dlers Additional Homestead, be re- leeted
 The recommendation was based on the failure Of the applicant to main tain the burden Of proof agsamed by him in his application The appli. cant failed to show that an alleged contract or agreement had beeen made with Victor Wilhelm for the survey Of the tract in February 1914. and the recommendation was also made because of failure on the part of MT. Cobb to support his ap. plicatlon for an extension of time up. on the impracticability of making the survey within the 90 days al- lowed by law because of climatic conditions and also because of the prior employment of the available surveyors.
 Failed to Support Proof.
 Mir. Cobb also failed to support with proof his contention of an al- legged conspiracy among che avail. able surveyors, but the land officers find that there was no neglect on the part of Mir. Cobb in seeking to se- cure survey of the tract and that his failure to secure the survey of the tract was due 10 the refnsal of the local surveyors to do the work.
 It also appears that no due and proper notice was given, however. to the settlers on the ground and no proof was submitted to show that they had anything to do with the re- fusal Of the surveyors to do the work and their settelment inter- venes
 Land in Controversy.
 The land embraced in the contro- yersy is part of what was originally located by one John Scatter as min inb claim Before his death. Seater turned the claim over to Lloyd Hill to cover moneys advanced by Hin Both Scatter and Hill maintained the mining locations by doing the annual assessment work and in the winter of 191S-1i. lfin decided to attempt to secure titla To the property by use of Soldiers scrip. Before Hill succeeded in purchasing tine scrip, E. Lang Cobb filed an application in the local land office for the land as a Soldiers Additional Homestead claim.
 Authority was issued by the local officers for the survey of the claim on Feb. 3. 1914. On May 3. 1914, John Fl Cobb. on behalf of the appli- cant. filed an application for an ex- tions of time in which to make the survey giving as his reasons climat ic conditions and the further fact that all available surveyors had been engaged for other work The application was rejected by the of the general land office and Cobb then appealed to the of the Interior giving ad- diuonal reasons for his request for an extension of time
 Decision Revefsed.
 In December. 1914. the Secretary of the Interior reversed the decision of the Commissioner and the case was referred to the local office for an- swer by the adverse claimants. These answers were all filed before April 1915. and a hearing was then ordered by the Commissioner This hearing was held in September 1915. but the record produced at this hearing was so unsatisfactory that the case was and a further hearing was held. starting on March 27th. 1918 The delay in the holding of the hear ing was due to the absence from the city of the attorneys for both sides between September and March.
 On May 7th. 1914. a number of To- cators moved onto the land and con structed homes for themselves. This was after the period allowed for the survey of the land had expired and after the filing of Cobb's application for an extension of time which al- leged that surveyors could not be had on account of climatic condi- tons and on account of previous employment.
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