Jess H. Nicholas, Jr. v. Secretary of the Department of Interior and the United States of America

Appellant appeals from a summary judgment entered in favor of appellee by the United States District Court for the District of Alaska.

Initially the Anchorage, Alaska, Land Office rejected appellant’s final proof on a homestead entry and cancelled his entry for failure to meet the cultivation requirements of the Homestead Law as set forth in 43 U.S.C. § 164 , but advised the appellant to apply for five acres of his entry as a homestead under the Act of May 26, 1934, 48 Stat. 809 , 48 U.S.C. § 461 (1958).

On appeal to the Division of Appeals, Bureau of Land Management, the decision of the Land Office was affirmed, including that portion relating to the five acre homesite.

On appeal the Secretary of the Department of the Interior affirmed the decision of the Division of Appeals, including that portion relating to the five acre homesite, and added the statement that “This should amply protect him in all the improvements that he has made on the land.”

In his complaint, as amended, filed in the District Court, appellant alleges in substance that notwithstanding the fact that he had fulfilled all the requirements necessary to qualify for a patent, the Secretary, by arbitrary and…