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

and oy oct OF March ], 1851, was incOrpO-
rated. The Register and Receiver state
that these laws were introduced in evidence,
bat they are not found among the papers
sent up. From the time the survey was
made until the date OF trial, improvements
were made. There are in the town about
200 inhabitants. At the date Of the inves-
tigation there was upon Lot 2, Section IL I,
one church, steam saw-mill, dwelling
houses, one warehouse, and an Office. On
Lot 3, Section IL, there was hotel, with
large barn attached. 2 large stores, pri-
vate Office, one Office occupied by the Reg
ister Of Deeds, book store, livery stabl +,
2 carpenters shops, land and law Office,
and tailor shop.
On the southeast quarter Of the north
west quarter Of Section IL, were four large
dwelling houses, paintshop, barn, church,
and stables. On the northeast quarter Of
the southwest quarter of Section IL, was
one dwelling house. On the northwest OF
the south east was one dwelling. house.
On Lot Of Section 2, was one large dwell
iDghouse, and on the west half Of the north
west quarter Of Section IL, were 10 dwell.
ing houses, 3 stores, one shop, one Office,
and dwelling.
The improvements appear to be occupied
and used for the purposes for which they
were made. The tracts sought to be enter
ed were surveyed into streets, alleys, lots
and blocks. am Of the opinion that the
application to enter should be allowed.
The town Of Lower Monticello was sur
veyed and incorporated in the spring Of
1856. The tracts enclosed 10 the applca-
ton, were laid out into streets, alleys, lots
and blocks, and were improved by the cree
ton Of two hotels, four stores, six or eight
dwelling houses, steam saw mill, blacksmith
shop and several buildings. The improve
ments were made by the persons who be-
came associated, with view to the incorpo-
ration and improvement Of the town of
Lower Monticello and those who claimed
under them. think the entry should be
allowed. The act Of 23d May 1874, re.
stricts the entry for town site TO 800 acres.
In some instances it is attempted to evade
that Limitation by making additions to towns
but giving to the additional, names different
from the towns. In this case, however, it
does not appear that there is any attempt
to evade the law. The towns Of Monticello
and Lower Monticello, are in fact, different
and independent towns. The settlement
commenced at different points upon the riv-
or, and was made by different parties who
do not appear to have any interest in COM
mon. They have been recognized by the
Territorial Legislature as separate and indie
pendent towns, by the Acts OF Incorpora
ton. The towns Of Monticello and Lower
Monticello being Incorporated, the entries
must be made by the town authorities, and
not by the County Judge. The rights OF
occupants and those who claim interest will
be as well protected by the local law, under
the one form Of entry as under the other.
Weisberger and any who claim under him,
will be defeated in no right which it may be
in their power to establish, by allowing the
entry in favor Of the town authorities.
Tobias g. Mealy claims to enter the eighty
acres before described. lie appears to have
complied with the requirements OF the law
am of opinion that he is entitled to the
entry.
With great respect,
! Your Ob't servant,
Tnos. A. HENDRICKS.
Hon. JAcoB THOMPSON,
Secretary OF the Interior.