Page:Looters of the Public Domain.djvu/158

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Character, extent and value of improvements in detail—A log house, about 14×16, a small henhouse, a log barn about 12×14. About two acres near the house cleared and seeded with tame grass. Evidences that a small garden has been cultivated there. Another tract further from the house, of natural meadow, has had the brush cut and burned and grass seed sowed but is now grown up to brush again.

Considering that this entryman is a young woman, and hence had to hire all of the work done, and the difficulty and expense of getting material packed up there into the mountains, a fair estimate of the value of the improvements, work upon trails, footbridges, etc., would be three or four hundred dollars, at least.

Residence of claimant—From the best evidence which I can obtain, aside from the affidavits herewith, by talking with those who may be supposed to know about it, my conclusions are as follows: She established residence there July 18, 1892, upon unsurveyed land, being led to do so by the fact that the railroad was surveyed through the township, and was being constructed within a few miles of the claim, which brought a great many people there, and she could obtain employment near the claim. She is a poor girl and works out for her living. After the railroad was abandoned she was obliged to go out to the valley to work, and she for some years put all of the money that she could earn into improvements in the way of clearing, etc., upon the claim. She expected to be able to make proof soon after the survey in 1896, but the survey was not accepted until 1900, and she has neglected her improvements, but retained possession of her claim, in the face of great obstacles, by going there as frequently as those for whom she worked would permit, and has remained each time as long as she could. The abandoning of the railroad has so changed conditions in the township that she could not make a home there for herself, now, and she has since final proof sold it. Was legally qualified.

Names of witnesses J. A. W. Heidecke, Detroit, Ore. Reliable men.
  L. Jacobs,  „   „
  William Thomas,
Charles Thomas,
 „   „
 „   „
Do not stand so well among their neighbors, but no reason that they should not be given credence.

The affiant Heidecke is a typical mountaineer; went to the vicinity in 1890, took up a homestead and lived upon it a few miles from this claim; has ranged those mountains ever since; knows every trail and every settler, and has visited their claims very frequently. His evidence is reliable.

The affiant Jacobs keeps the store and hotel where they had to go for supplies, and to stop in passing back and forth, and while he cannot give dates and particulars, his evidence is strongly corroborative and is reliable.

The witnesses Thomas do not stand well in the community, and if standing alone, their evidence would not be satisfactory; but if called as witnesses at a hearing their testimony would be as indicated, and there would be no reason for excluding it. I avoided taking affidavits from the other entrymen, and obtained evidence as far as possible from disinterested parties.

Heidecke's homestead is in Sec. 36, Tp. 10 S., R. 7 E.

Was the fraud willful?—No.

Have any legal proceedings been instituted?—No.

Action recommended by Agent—That the entry be sustained.

Dated at Oregon City, June 25, 1901.

C. E. Loomis,
Special Agent. General Land Office.

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