The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1858-07-11


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SR Your report OF the sth OF December last has pre-
ssnted TOR my consideration, appeal Che applications
filed by the corporate authorities OF Moattello and Lower
Monticello, and the claim of Tobias e. Mealy to enter
by presumption certain tracts in the district Of lands
exposed 10 sale atoauk Rapids, nov 81 Cloud Mime
sofa. - 80 80" 'N@ 14
These applications conflict with that filed by the judge
OF the county court to enter the town site Of Mortzons
The Judge claims adversely to the corporate authod-
ties OF Monticelio as to the NV OF the Sc of sec.
III adversely to Tobias a. Mealy as to the SW of the
SW OF Soc IL and adversely to the corporate author
itics OF bower Monticello as to lot Ne and the Of
the BE OF sec. H. and lots Nos. and s. OF sec. H.
all In township III n, range rs west.
The application OF the county judge was filed In the
local land Office April o. 1857 that OF the corporate
thortes OF Monticello and that OF Tobias g. Meay on
the 2Ith May following and that of the corporate
thorties OF Lower Monticello July 8, 1857.
The testimony taken in support OF these claims was
concluded IN August last and the register and receiver
decided against the claim of the county judge, and in
favor Of the other parties, and from that decision APP
peal has been taken to this department..
appears from the testimony that the incorporated
town OF Monticello, the county seat of Wright county
Minnesota Is situate on the lands or some portions of the
lands sought to be entered by the corporate authorities of
said town. II also appears that there is town situate
principally, If not entirely, on lot g. of section H. and
lot l. Of section H. which has been incorporated under
the name of Lower Monticello, by an act of the
territorial legislature, approved May 10, 1857 entitled
IAN act to incorporate certain towns
In behalf of the application of the county Judge 1t is
contended that this town is legally and properly named
Moritzons, by virtue OF survey and claim, and the
making and recording OF plat, by the propretors of
"Morzions, prior to the survey, claim, and plat of
the propretors OF Lower Monticello, and that his APP
pication to enter having been made before the town
Incorporated as 'Lower Monticello, takes precedence
OF the subsequent claim Of the corporate authorities to
enter the same lands.
In deciding this case, am governed by the act of
Congress approved May 23, l844, entitled An act for
the relief of citizens Of towns upon the lands Of the United
States &C., &C., which provides that whenever any
portion of the surveyed public lands has BEEN shall
be- settled upon and occupied town site" &c. SC.
&c. at shall be lawful in such town place shall
be Incorporated for the corporate authorities thereof
and if not incorporated for the judges Of the county
court for the county in which such town may be situated
to enter at the proper land Office and at the minimum
price, the land settled and occupied in trust for the
several and benefit of the occupants thereof accord
ing to their respective interests. =
1t is also by the act provided that the entry
shall be made before the of the public
sale Of the body Of land in which it is included and
that the entry shall include only such land is
tually occupied by the town. and be made conformity
the legal subdivisions of the public lands authorized
by the act of Gath April, 1920 and shall not in the
whole exceed three hundred and twenty acres ~, .
1t will be remarked that this law provides that an en-
try of public lands which have been actually settled and
occupied town site may be made by trustee for
the use and benefit of the occupants.
The only benec:aries of the trust tho occupants
of the town This law recognises no other propetors
and this department recognise protect claims
interests of nonresident share holders lot-owners
In regard to the occupants of any town or place
entitled to the benefit of the act of Congress under re-
view their rights and interests remain the same-are
fixed by the laws and must be determined and
cured to them on the principles, whoever may be
the trustee trustees of tho legal title to the lands
They cannot therefore, far the action of the officers
of the Land Department is concerned be supposed have
any direct interest in having the legal title vested in any
one except the party legally qualified to accept and
cute the trust.
The act of May Esd, 1874, in my opinion recognises
but one trustee legally entitled to make entry of
town site and his qualifications must be judged Of and
not at any previous time Between different trustees
parties claiming to be sch who seeking entry of
the same lands as town SITE preference is given to
the first applicant The proper question for the officers
of this department TO consider in such cases which
the party recognised by the law having the qualca
lions to accept the trust2
Should admit therefore, in this case, that the APP
pcaton Of the county judge the 9th of April 1851
to enter the site Of Morzions sufficient and in
proper form, and accompanied by tender OF payment
and that he at that time the legally recognised
tee the fact still remains that the entry not admit
ted at that time
Before any entry was efected-vin May 18th, 1857 -
the town was incorporated by the name of Lower Mon
ticeo and after that incorporation the corporate author
tiles became the legal trustees for the occupants of the
town. and accept them as the proper parties to make
the entry BY the incorporation the authority OF the