The Bismarck tribune. [volume] (Bismarck, D.T. [N.D.]) 1873-1875, 1875-05-19
TILE TOW WNSITE.
Beginning Of the Contest and the
Parties in Interest.--.Array OF
Counsel,.--The beginning and His
tory Of Bismarck, &C., &c. 81 E..t

-Counsel,.--The beginning and His
tory Of Bismarck, &C., &c. 81. aEat
The hearing ordered by the Depart
ment in the Bismarck Townsitc case,
was opened on the. 18th inst, before the
Register and Receiver Of the Bismarck
Land Office, the parties in interest be-
ing tho corporate authorities of the City
Of Bismarck, claiming the NW4, and
the WI, NE4, sec. 4, and the NE4, NE4
sec. 5, and the 81, SCI and 81, sW4,
sec. 32,-440 acres being the Hackett,
Proctor, Jackman and Hennefin claims,
less so acres on the east side of the
Proctor claim, and including forty acres
Of railroad land; Edmond Hackett,
Joseph Pennell, Geo. Joy, NJ. TiPpie
and John s. Mann, claiming. the NWt4
sec. 4, as pre- emption; j. W. Proctor,
e. A. w illiams, Alex. Mckenzie and
Samuel H. Ellie claiming presumption
rights on MEL sec. a; John j. Jackman
and Samuel Biting claiming pre-ernp-
tion rights on the 81 lSW4, sec. 80, and
John A. Mason claiming pre-emptisn
and Dennis Hennefn claiming soldiers
homestead on the. 81 Sci, sec. 90; the
Northern Pacific Railroad Company,
claiming NE4, NE4 sec. 5, and the town,
site company claiming the NE4 and N
WI sec. 4, under the townsite laws. ~.@
The corporate authorities are repre-
sented BY Judge Flandreau, Col. w. Il.
Rodgers and Col e. w. Sweet, of st.
Paul, John "A. Stoyell and H. NJ. Davis,
Of Bismarck. The towDsite, Judge
Bowen applicant, is represented by
.Thonaas IVAN Etten, Bismarck; John j.
Jackman, Edmond Hackett and j. w.
Proctor by Gen. John B. Sanborn, st.
Paul, and Judge Oscar Taylor, Of st.
Cloud; E.gA. Williams, Samuel ii. lille
and John A. Mason, by Hon. Z. O.
Jacoby, of Rockford ILL.,; Joseph Pen
nell by Geo. P. Flannery, Bismarck;
Geo. joy,Sby j. Q. Simmons, Bismarck.
Col. Gray will appear for the Northern
Pacific; other parties appear for them
Jselvess StQtff " iSa.s aAfFf g2ii%I sssj 80
3 ,Phe case Of tie corporate authorities
was taken up first Judge : Handreau
Offering il, evidence the act incorp6rat.
inc. the CITY. Of Bismarck, and reso1u.
tions Of tae city council, authorizing
him to act, followed bys Che evidences of
2@Io..t %sH GEO. v: SWEET, @-.L -,
WHO being sworn, said: ,1'5',,,' .- - -
Ihave known present situation Eof Bismarck since
May IL; 1872; arrived hereiffom Minnesota Eab out
nss tsss e ST. S;e;s1 Sssss snsess T.
e. II, BIZ; Mr. gCorieo WliS. Yeuhg, q. H. Lille, y.
Pennel 8. Townsend, Ole Eattoai 1Ghas:a Giles and
esss' s ian Rsss
MIR. Garfield isPresideat oftheia Sd Co.., Eas
their attorney; think 1employsd rr. Giles and e
Sothers whose names can't remember; Lillle Pen
and sre .hepre,emptors claiming here The first thing
Ne did Was to explore for several miles around here;
we selected tfis place where Bismarck now Stands ss
townsits; this selection MAS made on Or aboutthe
undess % land yeyinS; somewhere from ths 20th g
18th or May commence t6urveying; Il was before
the 25th; Invent to Montgomery Meigs an engineer
ssps IND sass ss
gpe Of the town. ran abe North lineofwhat is now
Main street from near what Is now the West line Of
sec. 4, across to Of Town l3s Range go; 1aso
ran cross street what is either I'd I'd from the
North lie of Main street across and dbeyon the hbe
further East Is tie line sec. all Of which iines
were fully staked out aud the stakes marked atthe
corners Of blocks and functions Of streets With the
names 81 the streets wrten on the respective sides
OF the stakes put The stakes securely inthe ground
and presume many are there; now. subsequently i
sne i sryeg W
Was sometime inthe month Of June, from the sth to
2Oth Of June; they surveyed streets alleys, blocks
and lots and pet stakes at tne corners oi lots At ths
been madeithe Us. Survey Haso made; embracing
this townsite ii November 1879 the land embraced
byiny surveys covered what b now sec. little on
s. ofs1; see.33 and littaa on WI Of NW3 otisec
AZ Sd g. June 1871; Messrs: Bntleigh Keith, CON
tractors for N.P.R.R, applied TO- me through their
agent, Mr.. B. 9. ASH for lots whereon to build
furnshed FIN Che lots; they situated on corner
Of I'D and Nain streets In block 50 they immediately
after constructed buildings; they commenced con-
struction Of warehouse trs and pusned az tnrougn
about so feet in sze the Office was log 1Sx
91: mess room same size, with connecting roof be-
tween mess house and Office; they immediately eccu.
IF All krds boarding men, and doing business in Of
ce the buildings were built with reference to streets
and lots they also bailt blacksmith shop on one OF
the loGs these were the first Improvements on TIE
townaife: they got into the warehouse before the 10th
of De- the bulk Of their goods arrived on the 14th
Of June; next Mr. Lambert procured lot Of me Dur
ing the same month and erected saloon; was sit
ueted about the NV portion Of block 80 or So; fur
nshed him lot; he leased II Of me; his building was
q frame house; It was built in June; he went In and
commenced business; about that time, June 4th, Mr..
Bose procured lot from me; he applied to buy it;
paid me $40 70 bind the bargain; on same day Mr..
Jackman applied TO me for lots on block 4S; Boses
less we're on as or 4S;; Bose put up Saloon on an
other lot in company with 3meu named Herman ard
Dahcuser, his partners; they subsequently erected
bakery On the lot they first applied lori after the sale
- Mr po,e ON or about the 4tk Of jane, bargain
ed With v B. shaw and =. I. Cathcart, consumat-s
ing the sale on the l8h; they proceeded to erect
store ana put In large stock Of goeds; think they
did not RET stock IN until the month following the