The Montana post. [volume] (Virginia City, Montana Territory [i.e. Mont.]) 1864-1869, 1868-07-24
TOWN SITES.

pTe~empt or purchase and secure full
titles to their property, the Congress of
the United States passed bill, approved
July 1st, 1864, giving them authority in
dividually to procure titles from the
General Land Office at Washington In
a subsequent act, approved March I'd,
1867, corporations, or, in towns not in
corporated. Probate Judges, were en-
powered, under the rules and regula-
tions prescribed by the Legislatures of
the several States and Territories. to en-
ter at the proper Land Office, at the
minimum price, and hold in trust for
entry and purchase at public sale by its
occupants, land thus occupied. This was
intended to expedite entry and the issue
of q. s. titles to citizens. Under it, the
Legislature of Montana passed an act.
approved Dec. 10, 1867, "relatiYe to the
pre-emption of Town Sites upon public
lands and the disposal of trusts created
thereby" As Helena has made further
progress under this act than any other
town in the Territory, it may be inter
esting to those following in her footsteps
to know what progress she has made; and
the present situation and prospects.
Nineteen hundred and twenty acres have
been entered by the Probate Judge.
This, when divided into lots of 1900
square feet each, makes nineteen thous-
and nine hundred and seventeen lots
For each of these, claimants must deposS
it with the Probate udge $40, and pay
him 81 additional for q deed. This, if
all the lots were entered or purchased,
would amount 70 the uice round sum of
S27S, ,S3S, besides which he receives the
same fees in contested cases as allowed
in Justices courts. OF this, he is au-
thorized to deposit $199, 10 with the
County Treasurer, and there the law
stops, making no provision for the Sc
curity of such deposits, or their further
disposition. OF course no one would
object to that. The law also restricts
each claimant to the entry of two lots:
and although he had improv ements val-
ued at thousands of dollars on third,
there is NO saving clause to prevent an
outside party from jumping the lot, and
throwing it into expensive litigation, if
not wrestling from him the title. This,
although the General Land Office under
the provisions of the former act was
specific in instructing that when inn
provements had been made on other
than two lots, the Department would
take care that no such interests should
| suffer by the intrusion of an adverse
claim, or purpose to purchase to the
prejudice of the owners of such inter
ests The U. 5. Town Site law, contem.
plated the public sale of lots, but the
Legislature of Montana made no pro-
vision whatever for such sale, and the
fulfllment of what has been commenced
is to give into the hands of the Probate
Judge the title for 1920 acres of ground
in and Immediately about Helena, which
no one CAP pre-empt unless making affi'
davit that he actually possesses and
occupies such lots" or that the right tc
such occupation is in the claimant, i
such lot or lots are occupied by anoth-
er." He must pay so for the lot he oc,
cupies, but in no portion of the act il
any provision made by which a part.
can pre-empt or purchase any one of tn,
1897 lots now surveyed, unless il is &C
ually possessed and occupied. If h
fails to do these within six months afte
the publication of the notice of entry
the statute bars any further claims, ac-
tually thereafter turning the unoccu
pied lots of Helena out to grass, Will
the Probate Judge holds the title to tn
pasturage. This is a pleasant featur
of the bill for stock owners. Thus w
have Town Site act conflicting wit
the intent of the United States act
, paving the way for trouble and inter
/, minable law suits; giving the money o
its citizens mp to individuals, withou
3 specifying to what purpose
D should be devoted, further than payin
: the expenses of survey, ETC.; sitting itse
z z and all entries under it in six months
. building statutory fence about In
: present occupied town lots, and prohit
! iting further purchase; and finally leav
ing the surveyed site with q heavy il
e terest accumulating on the expenses, an
e the Probate Judge caught up by its pr,
: visions, not, if he wishes to avoid til
o serious consequences it would entai
daring to proceed further than he hi
now gone. And no town in Montau
! could do better. The act is the mos
: horrible bungle imaginable; very eSplic
i on minor points, yet entirely negIect
s ing or injuriouslv determining thos
, -. i.r,nnrtnnt and Leaving nrnI