The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1858-08-12

ness OF sOme.-MiltcGukee NsEs.
Impsstant Decision Of the Con missioner
OF the GENERAL Land Once In Regars
10 the Tovsn sites Of Alssisxius, Slsatt-
cello. and Lower Monticello.
GENERAL LAND OyYIcg,
December {, ISIS.
SiR:-I have the honor TO enclose the pa
pers, and to make the following report in
the case OF the conflicting applications Of
the towns Of Moritzius, Monticello, and
Lower Monticello, Of Tobias q. Mealey and
John Spalding. at the Land Office at Sank
Rapids, Minnesota Territory.
On behalf Of the town Of Moritizius,
Judge Sherburne applied TO enter the south
west quarter OF the southwest quarter and
lots numbered 2 and 3, Of section IL also,
the east half OF the southeast quarter, and
the northwest quarter Of the southeast quar-.
ter, and lot numbered ], Of section IL, town
III. north Of range rs, containing three
hundred and eight and iorty-eight one hun
dred,hs acres in said district and Territory.
The corporate authorities of the town Of
Monticello, applied TO enter lot number /,
in section numbered 2, and lots number 2
and 3, and the west half OF the northwest
quarter, and the southeast quarter OF the
northwest quarter, and the northeast quar-.
ter Of the southwest quarter northwest
quarter Of southeast quarter Of section IL,
town l2l north Of range %, containing two
hundred and one and iiity-four one hun.
drcdths acres.
The corporate authorities Of Lower Mon.
ticello applied TO enter lot No. | and the east
| n OF the southeast I, Of section | / and lots
numbered and 3, 10 section IL in the same
township and range. Tobias Gillaly applied
TO enter the southwest quarter of the south
west quarter Of section IL, and the west
half Of northwest quarter and the north
west quarter Of the southwest quarter Of
section l3, In the same township aud range.
John Spalding applied to enter the south
half Of northwest quarter Of section II, in
the same township and range.
1t will be observed that the application Of
Spalding conflicts with that on behalf OF
Monticello, ~ to the south half OF the north
west quarter Of section IL, and that the ap-
plication Of Judge Sherburne, in behalf Of
the town Of Moritzius conflicts with the ap-
plication Of Tobias q. Mealy, Us to the
southwest quarter of the Southwest quarter
Of said section l2--and with the appl ca.
ton of the authorities Of the town OF Mon
ticello, ~ to the northwest quarter OF the
southeast quarter OF section IL, and with
the application Of the authorities OF the
town Of Lower Monticello, as to lot num-
Der /, and the east half Of the southeast
quarter of section IL, and lot and 3 in
scctionl2
II SpaldDg's claim and the claim on be-
half of the town Of Moritzius are found
without foundation, then the conflicts cease
and the other claims will stand upon their
respective merits.
After the town of Monticello became IN
corporatei, and whilst the same was being
improved, John Spalding made an agreement
with the authorities thereof for the purchase
of Lots No. and !, in Block No. 80, upon
the land in conflict, containing about one
half acre for S62 80 and agreed to make the
improvements thereon which it appears he
has made. The improvements do not extend
beyond the two lots so purchased, and were
made in pursuance of his agreement with
the town authorities not with view to an
agricultural presumption. Upon the eighty
acres in dispute there are church and other
valuable town improvements As against
the claim OF the town, the application OF
Spalding is wholly without merits. 1t Is
proper to add that without reference to the
conflict it could not be sustained, for the
reason that he made what he claims 10 have
been his settlement aud commenced his i'm.
provements in May, 1856. aud failed to file
his declaratory statement until June, 1857,
the public surveys having then been made
nearly one year.
In September. and October, 1854, Weis.
berger and Riggs caused 10 be surveyed
into streets, blocks, and lots. about seven
hundred acres Of land, including most of the
land in dispute. The parties making it
could acquire no rights by virtue of that
survey. II included more than double the
quantity OF land which may be taken for a
town site under the act OF II, and 50 was
not u selection Of q town site.
Ii thereafter remained to be ascertained
what portion OF the public domain should
be within the contemplated town oi MORT
xlus. Ii was not until so late day rs the
LIST of April. 1857, that Weisberger finally
decided what lands should be claimed for the
town site of Morltzions. (see pes Roster 5
testimony After said survey was made
the said Riggs erected shanty. costing
abou, twenty five dollars on the land, and
built ferry boat and established ferry.
Beyond tina, no Improvements were made in
pursuance Of the enterprise. No houses,
either public or private, were erected by the
parties who made the survey, or by Others
claiming under them. Since the survey was
made. the said Weisberger has been but oc-
caslonally in the Territory Of Minnesota
His residence has been elsewhere. Ii does
not appear that he has 'esided upon the
land in dispute, or that he expended adollar
IN Improvements, or that any person claim
ing under him has improved or resided upon
any part thereof During the absence Of
said Wcisberger from that country. said