Shandi Mitchell - Under This Unbroken Sky

I am in receipt of your letter, having reference to your Homestead entry and note your statements concerning the occupation of this quarter-section.

This office has already been advised by the said party that he is your brother and he went into occupation of this land with your permission and has completed all the improvements which are at present on the land.

If this is a fact it would appear that you have not been completing the required duties in connection with this entry and the entry is liable to cancellation.

You might be good enough to furnish me with a statutory declaration as to the actual improvements completed by you at your own expense on this quarter-section.

Until this matter is resolved the $10 entry fee will be held in trust.

DEPUTY MINISTER OF LANDS AND MINES

November 12, 1938

Dear Sir

I would like to know what I can do from the Deputy Minister. There is a man that he is living on my wife homestead. He told me I could charge him to live on your wife homestead and then when another homestead opened then I will find some kind of a homestead and I will pay. So now he doesn’t want to go from it. And I don’t know what I have to do. I made improvements on the land and plowed 2 acres. I gave him notice to pull out but he doesn’t want to. I am pleasing you will give me the information what I have to do.

TRANSLATION JE/ 20/11/38.

DEPARTMENT OF LANDS AND MINES

November 14, 1938

Dear Sir,

I am writing in my own language, as I am unable to write in English and have no money to pay someone else 25 cents for doing it for me.

I received your letter in which you ask me to make a settlement with my sister.

First: I cannot come to any agreement with my sister because I cannot vacate this land where I have been working.

Second: she is unable to pay me for my work. She asks me to move from this land, but where shall I go?

Third: I did all improvements. I cleared, broke and cultivated 6 acres on the land. I built all the buildings: the house, barn 12 × 16, and well 15 feet deep.

In view of the above I am of the opinion that the Department alone can settle this matter between us, because I will not move from here. If I should vacate this land I would be forced to go on relief and become a public charge.

FROM D. H. BURNS

DIRECTOR OF LANDS

November 19, 1938

TO AGENT OF PROVINCIAL LANDS

EDMONTON, ALBERTA

RE: N.E.2-64-6-W, 4TH MERIDIAN

I understand from your communication and the letter from Teodor Mykolayenko that Mrs. Shevchuk was granted homestead entry of the above land; that prior to having acquired the land, she entered into an arrangement with her brother; whereby the brother, who was not eligible to make entry for land under homestead regulations, was to make certain improvements necessary in order to earn patent; and that the entrant was then to abandon the land in favor of her brother.

It is further noted that the entrant refuses to carry out her part of the supposed arrangement.

Mykolayenko claims to be in residence on the land. From his communication he claims he is in residence for the reason that he has no other place to go because this is his land.

This would appear to be a case where there was a collusion between the two parties and now that they have disagreed it is desired that the Department arrange a settlement.

Mykolayenko should be informed that his representations cannot be given consideration by the Department, that the land is a homestead entry in the name of Anna Shevchuk.

If there was any work performed by him for his sister, the entrant, and for which he has not received payment, it would appear to be necessary to take action in the civil courts and is not a matter which the Department can in any way enter into.

HOMESTEAD INSPECTORS REPORT

NO OF REPORT 3419 (TAKEN IN FIELD)

RE: N.E.2-64-6-W, 4TH MERIDIAN

November 24, 1938

While engaged in inspection work, I was accosted by one Teodor Mykolayenko, brother of entrant on above land, and who is now occupying the land entered by Anna Shevchuk, and gave the following information. He gave his sister the sum of ten dollars and asked to (and she agreed) to enter the land in her own name for him. He said she signed a paper, which he could not produce.

He has built a house, barn, dug a well, broken 6 acres of land, cleared 4 acres ready for plow and cut 3 acres back. He is married, 5 children, and his wife is pregnant. He claims he is resident and doing the improvement work by reason that the homestead is his, as his sister got it for him and not for herself. Now the husband of Anna Shevchuk orders Mykolayenko off the homestead and threatens to take court action to have him evicted.

Mykolayenko says he will move off if his sister will give him not less than $500 for the work he has done. He says she refuses to even pay back the $10 filing fee. Anna Shevchuk has no labor or money in the place whatsoever, according to her brother. I warned Mykolayenko to be careful what statements he made, but he boldly admitted that he and his sister had conspired to procure the homestead for him.

No action of any kind was taken by me in the matter. This is for your information.

SWORN STATEMENT OF ANNA SHEVCHUK

November 25, 1938

IMPROVEMENTS

Six acres cleared and broke, work done by my husband and Mr. Mykolayenko and a borrowed plow. Mr. Mykolayenko being at the time hired by my husband.

In July, Mr. Mykolayenko started living on the above land. My husband spending two weeks with his horse and wagon to help Mrs. Mykolayenko move her goods and family a distance of 50 miles. Mr. Mykolayenko agreeing to pay for this in work.

House erected by my husband and Mykolayenko. The logs being cut by Mr. Mykolayenko who was hired by my husband.

Four additional acres broke by my husband with his own plow.

I hereby state that at no time did I instruct or ask Mr. Mykolayenko to do any particular work or improvements—any work or improvements done by him were of his own free will.

GOVERNMENT OF THE PROVINCE OF ALBERTA

FROM: F. W. NELSON

CHIEF TIMBER INSPECTOR

TO: J. HALL, ESQ.

DEPUTY MINISTER

RE: N.E.2-64-6-W, 4TH MERIDIAN

November 30, 1938

Complying with your request, I inspected the above land and interviewed the entrant and Mykolayenko who is in residence on the land.

I have attached affidavits from both parties concerned. It will be noted that the information contained in these affidavits is very contradictory.

I also interviewed several neighbors (Petrenko/Olynik) concerning the representations made by both parties. The impression held by the neighbors is that an understanding had existed between Mrs. Shevchuk and her brother, Teodor, that he was to get the homestead. I found nobody, however, who was willing to take an affidavit regarding this and none of them would say that they ever heard Mrs. Shevchuk allude to any such agreement. Their impressions on the matter were apparently received from statements made by Mykolayenko and words dropped by Stefan Shevchuk who is Mrs. Shevchuk’s husband.

While I feel that some such agreement probably existed, both she and her husband denied knowledge of such agreement.

I might add that the neighbors whom I interviewed all expressed the opinion that both parties were crooked.

While in my opinion there has undoubtedly been sufficient land brought under cultivation, as well as other improvements made to earn patent, it would appear under Section 17 of the Provincial Lands Act the entry is liable to cancellation and neither party should hold claim.