The Oroville weekly gazette. [volume] (Oroville, Wash.) 1905-19??, 1918-02-01

| 1914, and by the department Septem-
ber 26, 1914. Under date of February
16, 1915, the department denied motion
for re-hearing. and therein gave par
| ticular attention to the argument of
Mcdonald that action against his entry
was barred by provision of Section z,
of the act of March 8, 1891, (26 Stat.
1095). 1t was held that the protests
| above mentioned, which were filed
within the two year period, stopped
the running of said salute. The case
was again considered by the depart
ment in decision of March q, 1915, on
petition for the exercise of supervis-
CRY authority, and a still further petit
ton was denied by the department
April %, 1915; and on May 8, 1915, the
entry was cancelled as to the Sc Ii
! SW IA.
May 6 1915. McDonald's attorney
requested prompt issuance of patent
| to Mcdonald for the said three tracts
awarded to him and that the other
ants, 1t being stated that Mcdonald in
tended to bring suit to COMPEL the
tcwnsite patentees to execute deed to
him for the latter tract. Patent was is
sued to Mcdonald on May 26, 1915, for
| the N 1-2 SW IA and the SW IA SW
IA of said section.
July 16, 1915, the judge Of the super
ior court of Okanogan county, Wash
ington, filed in the local land office
application for the Sc IA SW IA of
said section for the benefit of the
Townsite of Nelson under Secs 1881
proof was subsequently submitted
thereon.
July Is, 1915, Peter Mcpherson, as
attorney for Mcdonald fled protest
against the application and proof sub
mitted by the townsite claimants, the
principal ground of protest being that
the department was without authority
to cancel McPherson's entry as such
action was barred by the act of 1891.
supra. This protest was dismissed by
the commissioner October 80, 1916,
and upon appeal his action was affirm
ed by the department February TO-,
1917 A morton for rehearing and
for an oral argument was then field in
behalf of Mcdonald, and was enter
tanned by the department April 5, 1917.
Oral argument was accordingly heard
in the case and also extended written
briefs have been filed in behalf of the
respective sides. The contentious made
in behalf of Mcdonald have sought to
cover all of the issues heretofore rails
ed and decided
The brief reference to the proceed
ings heretofore had respecting the
case, as above outlined, shows that the
department has repeatedly ruled upon
| the contention now reiterated. 1t has
held, after most deliberate and full
consideration of the voluminous testi-
mony, that the tract in question was
used for trade and business at the time
Mcdonald attempted to initiate the
homestead claim, and was not, there
fore, subject to homestead settlement.
1t has also been held by the depart
| ment that protests against McDonald's s
entry were filed within two years after
| Issuance of the final receipt upon final
proof, and were pending at the eXpira-
| ton of that period, and for that reason
the action taken by the department
upon the protests which resulted in
the cancellation of his entry as to this
tract was proper. After careful consid-
GRAFTON of all that is now said in sup
port of the present protest, the con-
clusions heretofore reached are ad-
hered to. The protest is accordingly
dismissed. Further appropriate action
will be taken upon the townsite appli-
cation.
ALEXANDER T. VOGELSANG,
First Assistant Secretary.
Washington d. c. January. 10, 1918.
Nelson TOwnsite, Gentlemen
The decision has not ye. been pro-
mulgated unless late this afternoon,
but herewith find a copy of the de-
partment's decision finally dismissing
Peters protest and other things, and
giving the townsite to its people for
keeps, together with copy of my wire
going out to you tonight advising of
the fact, that you may celebrate the
| first workless day and your freedom
at the same time.
| will write more later after re-
ceipt of the official copy, from which
this is copied; but want to get this off
tonight; and we renew our congratu-
lations upon the outcome, so much
better than we feared at times.
Very truly yours
GEO. H. PATRICK.
To Chas. A. Potter, Chas. A. Blatt
and Chas. c. Kohrdt. Nelson, Okla
|nogan County, Washington.
(Telegram.) Washington ID. C. jan
19,191S.
To Chas A. Potter, Chas. A. Blatt and
Chas. C. Kohrdt.
In decision just out sustaining oui
utmost contentious, Overwhelmingly
conclusive and final, the government
returns Nelson to its people. A belated
IChristmas but worth waiting for; and
it is the end Copies to you by mail TO-
day. Congratulations.
GEO. II. PATRICK
| SoS-