Redstone did not sustain any loss by the creation of this reserve,
because his rights, if he had any at that time, were fully recognized
and protected by this provision in the proclamation.
Second. Mr. Redstone's preemption declaratory statement was filed April
6, 1889, and alleged settlement upon the same day. The land covered
thereby had not been proclaimed for sale, and under sections 2265 and
2267 of the Revised Statutes, Mr. Redstone had thirty-three months from
the date of his settlement within which to make proof and payment for
the land, but in fact he never attempted to make such proof or payment.
His preemption claim had therefore expired by operation of law long
before the creation of this reserve. After his filing had thus expired
Mr. Redstone was cited by the Land Department to show cause why his
claim should not be declared at an end, and his filing formally canceled
upon the public records, but he made no response or defense, and the
filing was accordingly canceled.
Third. The Commissioner of the General Land Office reports that an
investigation, made under the supervision of his office, shows that Mr.
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