, 1862-06-14
The City Property.

site with view to excite public attention, and
to enable the holders of town property to under
stand fully the position in which we are placed,
and to elicit an expression of opinion whereby the
city authorities may shape their course.
The city authorities have seen fit to engage
counsel and to endeavor to extend the limits OF
the land claimed by the city, beyond the limits Of
the notification of the County Commissioners, over
other ground occupied by other parties, and to
which it is impossible for the city authorities to
obtain right or title. The laws in reference to
the occupation Of town sites are clear and dis
tnct, and have been expounded and defined by
decision upon decision of the Department of the
Interior and by letter after letter by the Commits
sioner of the General Land Office, and beg leave
to present the following extracts from land laws
and decisions as bearing upon the case, and ask
for them careful perusal by every one holding
property in the city.
The town site law of May 23d, 1914 provides
for the entry of any portion of the surveyed pub
lie lands which has been or may be settled upon
and occupied as a town site, and by the term
" occupants is meant those who are settlers OF
residents, and that it only embraces the citizens
thereof The act further provides that the entry
of the land intended by this act shall include only
such land as is actually occupied by the tow, and
limits the boundaries to the lands actually so oc
cupled."
The decision of the Hon. J. Thompson, Secre-
tary of the Interior, of Nov. 9TH, 1885, in the case
of the town of Platsmouth, Nebraska, against
John c. Hays is, that the act of the town author
ties in making additions thereto of adjacent pub
lie lands by simply surveying the same into streets
&C., and plating it, will not be recognized or al
lowed Your conclusion, therefore, that the mere
act of including the land within the limits of the
incorporation of the town. would not exclude it
from pre-empton, there being no tot0A Improve
mentS thereon, is just and correct"
In decision OF the same date concerning the
claim of Miles G. Seldom to a certain tract of land
embraced within the corporate limits of Nebraska
City, it states that said tract appears to have
been designated upon the plat OF said city and
made part thereof by the act of Incorporation
and to have been occupied and settled upon, as a
part Of the tOlon. While these facts would estab-
sh no claim or right on the part of tie town au-
thorities thereto, they would be sufficient in view
of the words employed in the act Of incorporation,
to exclude it from agricultural pre-emp pion under
the clause of the act of 1871, which provides that
no sections or fraction of sections included within
the limits of any incorporated town shall be liable
to entry under the provisions Of said act; proui-
ded, the plat of the city had been actually made
and completed, prior to the passage of said act OF
Incorporation"
The above extracts throw light upon the posi-
ton in which property holders in lh S town find
themselves situated, and show clearly what we
can do, and also what we cannot do The first
extract shows that we can hold that portion OF
the town site settled and resided upon BY the ac-
tua citizens of Walla Walla at the time of extern
sion of the public surveys over the land which
comprises the land notified upon by the County
Commissioners, Uiz., the south half of the south
west quarter of section No. 20, in township Z,
north range 36 east for nobody ever would con-
tend that there was foot of ground built upon
or occupied for the purposes of trade outside OF
these limits. 1t is true that portion of the ad-
joining land to the south and west was surveyed
as portion of the town site by order of the Coun-
ty Commissioners, but the second extract in the
case of the town of Plattsmouth disposes of our
rights over such land not occupied and settled up
on as part of the town. The land to the north
and east was never even surveyed as a portion of
the town, much less occupied and settled upon
until last November, when it was subdivided by
order of the County Commissioners, who have
hitherto been the only authorized parties to take
steps to secure us our rights as occupants of a
town site, and before this survey was made both
Mr.. Cain and Mr.. Roberts have cultivated and
resided upon the tracts claimed By each as bona
tide settlers under the pre-emption of 1871.
The third decision cited shows that the forty
acres claimed by Barron as portion of his pre-.
emption right debarred from the operation of
the pre-empton law by the fact that it was occu-
pied and resided upon by citizens for the purposes
of trade at the time of the filing of his notiica-
ton thereon, and proof of his intentions not to
claim the same is given in the fact that he never
notified any individual building either stores, sa-
looms or dwelling houses, that they were erecting
the same upon land claimed by HIM as pre-emp-
ton right.
1t is thus apparent that the laws upon which
we rely for our just rights are clear and admit of
no controversy, and it is strange. to say the least
that the city attorneys should attempt TO involve
the city in long and hopeless lawsuit to no ad-
vantage whatever. Lawyers and law may be
very good thing, but we may have too much of it,
and the property holders of the town should look
to ii that when taxed to the limit of the law for
the purposes of the improvement and advance
ment Of the town in bridges, &C., that all the
money be used for those purposes rather than be
expended in useless and expensive litigation,
which, even if it were possible to be gained would
be of no advantage, for even then, under the law
of 1914, both Cain and Sparks would hold all
that the town is attempting TO claim under the
town authorities, and nobody would be bereftted,
as the town would be obliged to pay for all lots
which they might dispose of for the acts of the
town authorities for any purpose but for the ben
eft of the actual occupants Of the town site at the
time of the application for entry, would be null
and void.
Again, if we continue to evince a continual de-
sire to keep the property of the town in law, we
will drive away all new comers, and as the next
six months will determine whether we are to be
center of business or an appendage to some. other
point 1t becomes us to see to it that no more use
less attempt be made to gain what will be of no
benefit even if attained, and lei the Land Office at
Vancouver settle the disputes in titles at the time
set, next August, thereby relieving the property
holders of heavy tax and promoting the best
interests of the city.
A PROPERTY HOLDER.
Union Meeting at Florence.
A meeting was held in Florence, Idaho Co.,
W. T., May 31st, for the purpose of taking the
preliminary steps towards the organization of
Union party, for the purpose of nominating
Union ticket to be voted for by the citizens of
Idaho county at the ensuing election.
On motion the meeting was organized by call
ino, Tocopb Taffrov 70 tho chair nd or,,,O;rtfpr