Bozeman avant courier. [volume] (Bozeman, Mont.) 1872-1882, 1875-01-15
LAND BUSINESS

lett, the Register of this Land District
requires settlers to post . notice upor
their land 80 days before proving up thsil
entries, giving the Northern Pacific Rail
road notice Of that fact. The following
circular of instructions from the Com
aniasinsAs 0seplasse 49, Fsasso-0A1. ThG
rsllrOad company 10 party to the Lame
Office record. and therefore must be citet
to appear, even if settlers settled upon the
land prior to its Withdrawal for Railroad
purposes:
LAND OFFICE DECISION.
Claimants Adverse to Railroad Companie.
Required to give Thirty Days Motto.
Before Making Proof.
DEPARTMENT OF the INTERIOR.
General Land Office,
September IA, 1868
Register and Receiver, San Francisco
California:
Gentlemen to our letter Il
you Of April 10. 1868, relative to xivina
notices Of your decisions in contested pre-.
empiion cases to the parties in interest.
have now to enclose you for your infor
nation, copy Of our letter of the 18th inst
to the District officers at Marysvllle, Cali
fornia, relativete the course to be pursued
Ia cel tain cases arising upon odd sections
within the limits OF Withdrawals for rail
road purposes, where railroad companies
after service of notice of the time and
place of hearing, make default, Or decline
10 contest. YOu will please conform Il
the course therein indicated in such cases
and acknowledge the receipt cf this letter
es G, by its date
Vcly respectfully your obedient serva II
JOSEPH s. WILSON, Com'r.
DEPARTMENT OF TIE INTEK1oR,)
General Land Office.
September ~. 1868
Register and Receiver, Asrysvilie, Cal:
Gentlemen-1n reply To the Registers
letter Of the 25th ultimO. have to state,
1st. That when pre- emptiOn filings are
made upon odd numbered sections within
the limits Of Withdrawal for railroad pur
poses, alleging settlement and inception of
CLAIM prior to date of Withdrawal, tlis
railroad companies in interest are e1titled
to. at least, thirty days notice of the time
Of making proof, that they may have Op
pOrtunity for cOntesting such claims If
they wish ~ TO do.
u That when, in such cases proper
notice of tie time Of hearing has been
given. and service thereof ackoewledgcd
and default is male, or contest is waived
by the railroad companies, they are not
entitled to . further delay, after hearing,
to examine and review the proofs offered,
with view to an appeal from your de.
cisiOn, and the cOnseq uent delay and ex-
pense to the settler in making his entry.
tfto rafirool oonpAntos s:.oojL nosstsst
such claims at the hs srings. before the
District officers, II at all, I'D where they
do not so co test them, after notice, YOU
will pursue the usual course of allowing
entries to made at the time of making
proOf-taking care, however, thoroughly
to examine the witnesses offered, touching
the question of bona fide actual residenc
and cultivation prior to date of with lraw
al-Of continuous residence and cultiva-
ton, up to time of making proof, and of
the personal qualifications Of the pre- emp
tor. Justice to the bona fde settler re
quires that he should not be subjected to
the delay and expense of q second visit TO
the Land Office, after lapse Of 81 or 60
days, to c0nsuMRate jss'entry. in order
to allow these corp6ratiens opportunity To
review his testimony in his absence. they
having failed, after notice. to appear AMI
contest his claim at the hearing.
In the ordinary course Of business, at
least six months elapses after an entry Or
location is consummatcd at the District
Office, 10 its transmission, posting and cx>
before it Can be carried into
patent, which affords the railroad cOm>t
panies ample time to take the necessary
steps TO procure rchearing in any cases
that may arise where tbs found that suf-
icient grounds exist fer The belief that
such entries should net have been allowed.
In order that said companies may have
ample opportunity for protesting their in
terests in such cases you are authorized 70
dctify them of the allowance of the en-
tries, and Of their. transmission u this
office for examination &sd revision, in the
regular course of business.
Very respectfully your obedient servant,
JOS. 8. WILSON, EOm'r.