St. Cloud Democrat. [volume] (Saint Cloud, Stearns County, Minn.) 1858-1866, 1863-06-25
LAND OFFICE bEcistok:

We are indebted to T. G. Mcclure,
ESQ.,, Register of the United States Land
Office at thi, place, for an inspection Of
several late decisions Of Hon. Jos. Wilson,
Commissioner of the General Land Office
at Washington, having important bear
ings on contested portions of St. Cloud
They are all of date June 9th. g..
The first was with reference to the
claim of Nh. Joseph Noel, which case
was dismissed without argument as it ap-
peared from the testimony that he was at
the time the owner of more than thr{e
hundred and twenty acres Of land, that
being is contrary to the pre-emption law.
The next was the case of Geo. F Brott
Is. James Bowes, for the right to enter
the N. E. / of s. E. I of Sec IA, T. 124,
r. % (situatcd on the western border of
town. Mr.. Brott claimed the right to pre-
empt this with other tracts under the act
Of March Sd, 1855, whereby it was provid-
ed that leach contractor engaged or to be
engaged in carrying the mails through any
Of the Territories west of the Mississippi
shall have the privilege Of occupying sta
tions at the rate of not more than one tor
every twenty miles of the route on which
he carries the mail, and shall have pre-
emption right therein when the same
shall be brought into market: to the ex-
tent of six hundred and forty acres to be
taken contiguously."
On the 9Th Of September, 1855, Mr..
Brott entered into contract to carry the
mail from Minneapolis to St. Cloud, the
performance Of the duties commencing on
the 2lst day Of December, of the same
year, and to continue until the 30th day
of June, 1858, unless sooner annull.d.-
This contract was annulled on the I'd day
Of September 1857, and from that date
MIR. Brott ceased to be a contractor.
Secretary of the Interior Thompson. in
a decision of February Goth, 1860, in an
analogous case, held that this act did not
permit contractors to occupy stations any
longer than while they were engaged in
the active performance of their duties as
such neither did it give them the right
to enter lands unless these should be
drought into market" during the time
they held their mail contract.
Now. as Nr. Brott's contract was annul.
led on the I'd Of September, 1857, the decis.
ion Of the Commissioner is that he has nc
privilege to occupy these tracts as stations
and as the lands were not brought into
market until November 7th, 1859, he has
no right to pre-empt them under the pro.
visions of the act above referred to.
A special act "for the relief of Geo. F
Brott" was passed by Congress May 2sth
1860, authorizing him to enter this among
other tracts Of land, providing that said
entry should in no wise interfere with Of
embrace any land to which there is val
id subsisting title under the -emptior
laws Of the United States" AS Mr.
Bowes' claim dated back to Jan. 18th
1859, being antecedent to the act in ques
ton, the decision Of the ofice on this poin
is in favor of Mr.. Bowes, and permission
is given him to enter the land above de.
scribed.
In the case Of Benedict Heindle lad
ministrator Of Beno Muckenthaler) vs
Geo. F. Brott, for the right to pre-emp'
the s. E. of N. E. / of Sec. %, T. 124
R %, (situated south of town) the decis
ion is for the first party. All the evi
dence given BY the second is of a "uega
tive character" so says the documen,
from the Commissioner, tending to dis
prove the testimony Of the pre.emptior
witnesses denying the existence Of man,
improvements clairsed, and asserting tha,
Muckenthahr never occupied the build
ing upon tie land-not Offering proof O.
any right Of his own to enter the land
The Commissioner deciding the evidenc,
offered in behalf of the Administrator o.
the estate to be sufficient, directs that h<
be allowed to pre-empt.
The decision Of the Commissioner Of
the second claim would appear strange, al
BY it a contractor is left without agy re-
muneration for his services unless tie pub
lie lands over which bis route extended
should happen t" be brought into n,srke'
during the time his contract was in force
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