17 Copp's Land Owner 1 (1890-1891)

handle is hein.journals/coplndow21 and id is 1 raw text is: COPP'S LAND-OWNER
VOL. XVII.          WASHINGTON, D. C., APRIL 1, 1890.   No. 1.

Several numbers of Volume One of Copp's
LAND OWNER have been reprinted, and a few
complete sets of Volumes 1 to 15 can now be
PARTIEs who have volume 12 of the LAND-
OWNER and desire to sell it, are requested to
communicate immediately with the editor of
SEE second page of cover for Index.
COMMISSIONER GROFF to Registers and Re-
ceivers, U. S. Local Land Offices, February
19, 1890.
You will please to furnish this office, as
soon as practicable, with a list of the
names (with No. of entry) of all entrymen
whose entries are suspended, in which
their post-office addresses are not of record
in your office, in order that proper notifi-
cation may, in all cases, be promptly sent
to the entryman by you when the same
shall have been furnished you from this
In future you will be careful to note on
the tract-book the post-office address of
the entryman, in both original and final
proof entries. Please acknowledge receipt
of this circular.
SECRETARY NOBLE to Commissioner Groff,
February 20, 1890.
The instructions of the General Land
Office to surveyors-general, as shown in
the Commissioner's report for 1886 (pages
175-177), requiring all surveys to be exam-
ined in the field prior to the adjustment
and payment of deputy surveyor's ac-
counts, are hereby revoked. The revoca-
tion, however, of these instructions does
not call in question the authority of the
Commissioner to suspend the adjustment
of a surveying account in any particular
case, pending an examination in the field,
if he deems such course necessary to de-
termine the justness of the account, or the
accuracy of the work.
Application to Enter-Judgment of Chncellation.
-An application to enter may be received dur-
ing the time allowed for appeal from a judg-

ment of cancellation, subject to such appeal,
but should not be made of record until the rights
of the former entryman are finally determined.
During the periodl accorded for the exercise of
the preference right of a successful contestant,
an application to enter may be allowed subject
to such right.-First Assistant Secretary Chand
ler to Commissioner Groff, February 19, 1890.
Affidavit of Contest-Amendment.-An affidavit
of contest must show the continuance of the
default alleged; but leave to amend may be
given where the complaint is defective in this
particular. An objection to an affidavit of con-
test is not waived by going to trial after such
objection is overruled.-First Assistan.t Secre-
tary Chandler to Commissioner Groff, February
17, 1890.
Final Proof Proceedings-Equitable Adjudica-
tion.-An entry allowed on final proof taken
before an officer not authorized by statute to
act in such proceedings, may be sent to the
board of equitable adjudication, if said proof
is otherwise regular. In the absence of protest,
or adverse claim, supplemental evidence may
be submitted where final proof is found in-
sufficient, and bad faith is not apparent.-Sec-
retary Noble to Commissioner Groff, February
17, 1890.
Res .Tudicata-Curing Defects.-Matters tried and
determined by final decision cannot be made
the subject of a second contest. A contest
must fail if the entryman, prior to the initia-
tion thereof, commences in good faith to cure
the default. If on the issue joined the con-
test fails, the contestant will not be heard to
say that it will not be possible for the entry-
man to show compliance with the law within
the statutory period.
missioner Groff, February 27, 1890.
I have considered the case of Win. D.
Sewell vs. James Rockafeller on appeal of
the former from your office decision of
August 24, 1888, dismissing his contest
against the timber culture entry of the
latter for S. W.  , Sec. 12, T. 8 N., R. 12
W., Bloomington, Nebraska, land district.
Rockafeller entered said land under the
old timber culture law May 21, 1873.
The record shows that he had commenced
the planting of trees upon the tract under
the old law, and that forty acres were
planted to trees three different times. But
few of them grew, however, and after the
change in the timber culture law several
efforts were made to have a good stand of
trees upon ten acres of said forty, with
but indifferent success up to April 5, 1883,
when contest was commenced against the
said entry by present contestant, which,

after formal trial and hearing, resulted in
the final dismissal of his contest by your
office September 11, 1884.
On July 30, 1885, Sewell filed nnother
affidavit of contest, alleging:
That claimant failed to have ten acres
of said land planted to forest trees, seeds
or cuttings up to and during the fourth
year of said entry, and has so failed up to
present time.
2. That he failed during the years 1877,
1878, 1879, 1880, 1881, 1882, 1883, 1884,
and 1885, up to present time to plant, cul-
tivate and protect ten acres of forest trees
on said land.
3. That he has allowed fire to burn
over and destroy trees on said land during
the past six years.
4. That at present there are less than
two hundred living thrifty trees to each
acre of said land which has been planted
to trees.
Your said decision holds that all allega-
tions of default and failure prior to April
5, 1883, are res adjudicata by reason of
your office decision of September 11, 1884,
and that the only issues in the case are:
 1. That claimant has failed from April
5, 1883 (the date of filing contest, decided
September 11, 1884), up to July 30, 1885
(the date of filing this contest), to plant,
cultivate, and protect ten acres of forest
trees on said land.
2. That there was at the date of this
contest (July 30, 1885) less than two hun-
dred living thrifty trees to each acre of said
land, which has been planted to trees.
In this conclusion as to issues involved
I concur. Contestant having failed to ap-
peal from your decision of September 11,
1884, dismissing his contest, that decision
became final as to all matters in issue
therein and cannot be tried over again in
second contest.
The evidence in regard to the planting
and cultivation of timber on the land in
controversy is very conflicting. It is rea-
sonably clear, however, that several efforts
have been made by the entryman to ob-
tain the proper stand of trees and that
about the last of February or first of March,
1883, when he had about accomplished
this, a fire driven by a very high wind
swept through the tract and destroyed
most of them ; that ever since he has each
season caused more or less work to be done
looking toward again obtaining the nec-
essary number of trees.
The trees were mostly cottonwood, and
in addition to the injury caused by the fire,

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