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Show UNIVERSITY LAND. THE VALIDITY OF LOCATION ACAIN UNDER CONSIDERATION. Tha Comml.sloner I'raaanta a Chaptar of Point. That Oor.rn In Uie Selection of Laud Tha Brbee Case Now 011 Hearing-. Ilcnring was begun yesterday afternoon after-noon in the office of the register and receiver in the contest between William Wil-liam J. By bee and the government concerning con-cerning the title to certain school lands. According to the evidence of contestant Bybee the land was entered on by him in the spring of 1875, and tho following year be employed Andrew J. Stewart to make the survey, for which service he paid Stewart $18. which was to apply on the filing made by Bybee. At the end of three years after he had gone to live on the land, Bybee found that his filings were not made nor the money turned into tho laud office. He then went to Hammond & Maughn, Logan, iu 18TH, and was informed that tho land had been selected as university lands. Correspondence with the department at Washingtjn last year resulted in the hearing now going on. Bybee has improved im-proved tho land to make it a pretty good farm, aud has a house on it which cost about $1500. This morning the commissioners to locate university lands will give evidence, and that will close the case ready for the findings. In a letter to the register and receiver receiv-er from the department of the interior, Commissioner Lewis A. GrofT. attention atten-tion is invited to the following points which are auggested in connection with the case: 1. The selections were directed by this department under the law to be of lauds free from adverse claims, and the lists, as first presented, were not as a whole, admissable. Undoubtedly the department by the law was vested with discretion under such circumstances to reject the lists in their entirety. Did, then, the commissioners commence de novo when thev filed the amendatory list? 2. The selections declared valid and effective by the head of the department were those of those embraced in the substituted or amendatory list, and list 11. 8. This declaration by the acting secretary sec-retary could not reasonably be held to transcend the law and instructions under un-der which the selections were made. So, if the selections of 187S embraced land covered by the claim of a settler havirg a right prior to that of the territory, ter-ritory, said declaration would not take effect upon it, for the instructions of the department contemplated that lands free from adverse claims should be selected aud such lands only were comprehended in its approval. Should the hearing take place, you will direct it to ascertain, if possible, what disposition of the land claimed by Bybee, if any, has been made by the territory. If practicable, Bybee mav, perhaps, be able to obtain a relinquishment of tho selection. A relinquishment thereof in favor of the government, properly executed exe-cuted by the by the board of commissioners," commis-sioners," upon receipt here, would be accepted snd the land made subject to the claim of the first legal applicant, in which even By bee's claim would receive re-ceive duo consideration. 'The hearing was resumed this morning morn-ing at 9 o'clock and will occupy several hours. |