DECISIONS

RELATING TO

THE PUBLIC LANDS.

RAILROAD GRANT-LANDS EXCEPTED-TIMBER CULTURE CLAIM.

NORTHERN PACIFIC R. R. Co. v. LAMB.

Rights under the timber culture law are initiated by application to enter, and prior improvement of the land covered thereby will not operate to exclude the same from indemnity selection.

Acting Secretary Reynolds to the Commissioner of the General Land Office, July 1, 1896. (A. E.)

This is an appeal from your office decision of May 18, 1895, rejecting the application of Maggie A. Lamb, widow of John K. Lamb, to make timber culture entry of the SE. † Sec. 21, T. 11 N., R. 39 E., Walla Walla, Washington.

This action by your office was taken because the Northern Pacific Railroad Company had made selection of the land on January 5, 1884, as indemnity for lost lands within the granted limits.

At a hearing ordered to determine the status of the land at the date of the selection, it was shown by the applicant that the deceased, John K. Lamb, began to improve and cultivate the land in the year 1880, and continued to cultivate and improve the same until his death in November, 1888.

On December 29, 1888, Maggie A. Lamb, his widow, presented an application to make timber culture entry of the land, alleging the above facts of improvement.

After due notice a hearing was had, and the local office recommended that the railroad selection be canceled, and the applicant be permitted. to make entry.

In the decision appealed from, your office held that the claims asserted for this land at the date of selection were not such as would defeat the right of the railroad company under its indemnity selection. For this reason the application of Maggie A. Lamb was held for rejection.

While the testimony introduced by Mrs. Lamb shows that the improvement and cultivation of the land were continuous from 1880

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