The Bismarck tribune. [volume] (Bismarck, D.T. [N.D.]) 1873-1875, 1875-05-26

T., WEDNESDAY. NJ
his claim is objected TO, for the reason that the
record already shows that he no longer has any
interest in the controversy, and has been superce
ded In all his rights and duties BY the authorities
:, - ''e 'e ss' ~ D''e MAY 18th, 1875 a. M.
II s agreed that the proof submitted upon the ap-
plicaton Of the City Authoritiesshall be considered
as part Of the proof in application of Judge Bowen,
Judge Of Probate Of Burleigh Comfy.
JOSEPH fsRsER.-Reside in Minneapolis; am q
Civil Engineer; on June 18th, S1s, arrived here
and on same day, under dion 0f Col. Sweet,
recorded in Register Of Deeds Of Burleigh County
found the base line Of survey, beng north line of
Main street. the starting point, yas one block westof
Sd street, now known as Mandfn street, ran u or
Il blocks east Of that point found about or ss;
the cross streets were run back blocks, and for
considerable distance, and nuHber Of the other sts
about blocks; think that possibly the surveys run
] block on to sec. -, I. lo'h.leo; AZ the time
made the survey there were comp outer boundaries
run ON TO Sec g. don't think the @se line run to
sec. g. contnu ed thebsse line myself on to sec s.
the outer boundary line ran to resurvey
ed the base line and found It correct; may have
made some alterations cross streets; the changes
made were but 2 or 3, and those very sight-onyN
few inches; the corner stakes as:tne bieeks were
arkrd with the names OF the strfets as now appears
on the plat; change was made IN the name or Col by
street. being made Rosser street; ,compleAdsurvey
Of streets and blocks in about 10 daye, say the
23d OF June 1872; the survey mtde extended over
block over the south peo sec S5 the survey also
over the NE Of sec. 33, 139 80; have been over
the E4 of NE4 Of sec.9 q, yesterday. and found
building and unfinished frame, also cellar there;
the east west and south boundary Of NEf and south
boundary Of NW4 of sec. yesteiday, and establish
ed the center Of the section. "A 4ca ,. 81 .&~a
Stipulated that 50 far as Mr. Turner'S testimony
Gross Epas,ained IL arrived lere at IL O'clock In
the forenoon 81 June 18Th, 1872, and walked round
ground, got stakes cut and was teady to commence
boundary line vas 600 or 100 feel south # the main
line Of Main street, and ran west 70 the river, then
north mile on the Missouri fiTers then east p or
Il miles. north mile and then east Or of amile
mile, then east to I Of mile to point Of COM
amencement; found that my survey varied foot
so occasionally, with, the former survey; believe
put stake every Of mile nap was i made OF
session; yesterday measured lines across sec. 4,
being the north and south lines made the distance
about IL feet less than the 50 0chns north and south
running east and west found shout feet less the
line On the north line was 10 feetshprt and the south
Tfeet short there are feet shorten the eastern half
the center Oft section about1 foot north Of what
would be the geographical centei. The Improvements
on EA of NE4 Of Sec have nothing TO specially ind
cate townate improvements; siW no other buildings
or structures don't know when they were made;
the survey of that tract was on the l4th
aay Of June my mr. wcx was 70 adopt
lsed; the excess def cency should be In the north
tier Of forties according to the GoIespment rule.
: Cross Epams,aed By &c., Faaxisery:-0n the
nM dp 9e Rs '9sas
and some sqpaEsd lags; tksiS brsaking hui
don't remember theexact location Of It; there
also 81 but asn am mot
clear on that point have no recollection OF build
ing one two logs high but remember the squared
logs; Mr.. Bowen assisted me IN the survey dontre-
member whether Mr.. Pennell helped me ID the sur
vey or not, he may have done 70; no one made any
objectiou TO the survey. F.Si3 Ian..e.
g. W, ,jSaceet recalled: d:-1have been on Ei i-of
E} ofsec T. las r. 80 anumber Of times since the
18Th Of this month and have seen house an unhpish.
ed building ana cellar With lumber and timber ly-
inp round the building ID The only one saw is 40
rods, perhaps, from any other building; do not
not there ast July, could not say positively that
there Was no building atlthat time aisii @I.''
Samuel H, Lille, having relinquished7 his fling
covering the NE9 Of Sec Z, did not appear ,>s xnJ
John W. Proctor offered aadavits ofproof ofright
pre.empton Is NV fractional quarter Of sec. 4, 7.
l3S K. SO, an objection was raised BY all adverse
parties, 70 the reception Of the a9davs that does
not hle declaratory statement within the time pre-
scribed by laW. : i@T gu @l'i. =,
:.1s,. IT, ,Richasds Sseorn 81 reside in Bismarck,
Msrcn ny vocation Il present IS Dept! Register
Of Deeds Of the County am familiar with the land
embraced in the Corporate limits Of the city Of BIZ
naarckI L have resided here on sec. and since
CAME: there were notownsite improvements on NE4
of sec except Proctors IN 1879; in the spring or
summer of 1918 the first townste improvements were
msde: know 8. H. Lille who claimed this tract;
know G.. w. Sweet and have known him since spring
Of 1872 In April or May forget which,; know that
LNie Wis Ah the employ Of Sweet subsequent to MAY
13th 1872 IknoW that rxtions were issued TO him by
Shaw. L Cathcart; he drew them on orderof Cow.
sweet, agent of 4 r $ Co, and they were charged
to- that company Show ECathcart used to keep a
regular ration list the names were ana are on shaw
Cathcat's books there were about ~ name OF en-
ployees on chat list, 8. H. Lilies name was one,
dunt know how many months these ratlons we're 1ur-
their being furnished. lit Is admitted BY parties
having interest that from the arrival Of Lille to Apr
1st 1913. Sweet as agent Of the Ls Co; furnished
him with rations aud pay. The first building after
Burlelgh Ketfls building was saloon constructed
between 2uth and 29h June 1879 and was upon the
shape OF business places august ls TO Sept. ist.
ls72; there were MArshis Hotel, shaw Cathcarts
Store and or 4 Saloons and number OF 4bulldingy
not exceeding 15 Irrespective Of resdences3 there
were several tents included in that NUMBER none OF
these were upon the Me- claimed by Proctor. 2sf
|! Nr. r. u. Richards cosstinued:-lke Referring to .
map of city) indcates the l1cation ot the LAMBERT
Saloon; it block 81 81 on ID street near Nlain
the next Improvement was located at corner u 4tA
and Main street. The first tovnste Improvement
made west Of III street was boarding house put up
by Anthony, during the summer Of ~; do not know
just when; think the los bulldog on tne SCUM sac
of Main street Was in whole or in part Wtn the rail-.
road limits the ~ men employed ny the faSet Soand
Company whose ration list have menssoneu were
A. rvNyHnn ~ 0N