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18 Copp's Land Owner 1 (1891-1892)

handle is hein.journals/coplndow22 and id is 1 raw text is: COPP'S LAND-OWNER. VOL. XVI1 [. WASHINGTON, D. C., APRIL 1, 1891. * SEE second page of cover for Index. Three pieces Valentine Scrip, 40 acres each. Price $100 peracre. For sale by BRAINARD & LE BARNn-S, Washington, D. C. SOLDIERS ADDITIONAL. I have one fractional soldiers' addi- tional homestead certificate for 10.58 acres. It will take double its area or less. Price $20 an acre in Washington, D. C. Send for scrip circular. HENRY N. COPP. GENERAL AcT OF MARci 3, 1891. The act of March 3, 1891, repealing the tim- ber culture law and for other purposes as printed in the issue of the LAND OWNER of March 15, 1891, and sent out by the editor by the thousand early in March was taken from the Congres- sional Record. In passing thereafter through the hands of the-enrolling clerks the language of that law was considerably improved, from a grammatical and rhetorical stand point. The word reservoirs was omitted very properly from the amended section 2288 under the third section. The corrected text of the law is given in this issue of the LAND OWNER. RESIGNATION OF JUDGE GROFF. There is universal regret in land circles that Judge Groff's ill health has compelled him to resign the Comnissionership of the General Land 0ffice. The confinement of oflice life has rendered this action necessary. The state- ments published in the N. Y. IWorld and else- where of serious disagreements with the Secre- tary of the Interior are without foundation and have created considerable amusement in Wash- ington. It is understood that the land service will not lose Judge Groff's long experience and great ability in adjudicating land titles, as the belief is general that lie will be appointed on the land board, recently formed by Congress, to pass upon the private land claims located in New Mexico, Arizona, Utah, Nevada, Colorado and Wyoming. ACTING COMMISSIONER STONE. The precedent set in case of Col. Stock- slager, as well as the civil service rules of pro- motion, should be followed by President Iarri- son in filling the vacancy made by the resigna- tion of Judge Groff. Governor Stone should be made Commis- sioner of the General Land Office without delay. He has had nearly two years' experience as Assistant and Acting Commissioner and his record otherwise demands this recognition. He lifted the General Land Office out of the ruts of How not to do it and accomplished large results with the inadequate force at his command. His rare executive ability and keen insight will be of great value to the land service. MINERAL DIVISION OF THE GENERAL LAND OFFICE. Col. H. G. Potter, the present industrious chief of the Mineral Division of the General Land Office, deserves credit for trying to get that division on a common sense basis and out of the absurd, hair-splitting, technical methods that characterized prior administrations. WM. J. JOHNSTON, of Holcomb & Johnston, 629 F St., Washington, D. C., as agent for the estate of the late AV. C. Hill, offers for sale the following classes of Land Scrip, viz: Porter- field, Valentine, Girard, Wear, Sioux Half Breed, and Soldiers' Additional Homesteads, both full sizes and fractions. PRACTICE. AXFORD VS. SHANKS ET AL. March 3, 1891-Transferee.--In view of the pro- visions of section 7, act of March 3, 1891, re- pealing the timber culture law, the contest in this case is dismissed. FIRST ASSISTANT SECRETARY CHANDLER to Comrmissioner Groff, March 18, 1891. I have considered the appeal of A. J. Preston and I. S. Keator, transferees, from your decision dated August 19,1889, hold- ing for cancellation the pre-emption cash entry of David Shanks for the S. W. +- of Sec. 34, T. 115 N., R. 52 W., Watertown, S. Dakota. The record shows that he made a pre- emption filing on the land in question May 1, 1879, alleging settlement thereon same day. On February 17, 1880, he made cash entry for the same, receiving receipt and final certificate therefor. May 28, 1887, Richard H. Axford ini- tiated contest against said entry. In his affidavit of contest lie alleges in substance that Shanks never established a residence on said land; that there was no house on the land before or at the time he made said entry ; that there never were any im- provements made on said land, and no breaking done thereon before the time said entry was made. The affidavits of contest were forwarded to your office by tie local officers. A hearing was ordered, which was duly had before the register and receiver on October 26, 1887, at which the contestant No. 1. VOL. XV11f. appeared in person and by attorney, and the claimant appeared by his attorneys, Seward & Eddy. Considering the testimony submitted, the local officers, on December 8, 1887, recommended the entry for cancellation. The matter coming before your office for action upon appeal, you affirmed the decision of the register and receiver, from which an appeal has been taken to this Department, and A. J. Preston and I. S. Keator, claiming to be the transferees of the tract in question, for a valuable con- sideration, have, by complying with rule 102 of the Rules of Practice, intervened and become parties to the case. Said entry was made more than eight years before the hearing was had on said contest. The proof was regular and for- mal, and was adjudged at the time by the register and receiver to be sufficient. It has been allowed to stand all these years, and the presumption in favor of its validity should only be overcome by clear and positive testimony. Contestant's evidence consists of the statements made by two witnesses, Frank Houghton and Leverett C. Smith. Both of these witnesses, as appears from the description of their residences as disclosed in the testimony, lived about four miles from the land in question. Houghton's testimony shows that he did not see the tract until October 27, 1879, when he says he crossed it in the morning and again on on his way back at night. Smith was with him that day. It is shown by the cross-examination of both of these wit- nesses, that neither of them saw the land at any other time from the date of Shanks settlement until his entry was made. They were together and passed over the tract twice the same day. The burden of proof is on contestant to show the truth of the matters alleged in his affidavit of contest by such a weight of evidence as to carry conviction to the mind that the entry was fraudulently made. It is shown by an affidavit filed by I. S. Keator, the orignal transferee in the case, that On the fifth day of March, 1880, he purchased from David Shanks, the S. W. J of See. 34, T. 115 N., R. 52 W., embraced in cash entry No. 2927, in the Watertown land district, Dakota; that said purchase was made in good faith and for a valuable consideration that since said purchase deponent has transferred an undivided half interest in said land to George C. Preston, and he to A. J. Preston,

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