Bismarck weekly tribune. [volume] (Bismarck, D.T. [N.D.]) 1875-1878, 1876-08-30
THE BISMARCK TOWNSHIP.

THE BISMARCK TOWNSITE.
Decision Of the Secretary of the
Interior.
DEPARTMENT OF THE INTERIOR,
WASHINGTON, D. c., July 26, 1861
S1R:-I have considered the case of
the Corporate Authorities Of the City
of Bism arck VS.. Edmond Hackett ct. al,
pre-emptors and homestead claimants,
involving the right to enter the M Of
Sec. 4. and the Mel Of NE4 of Sec. 5. T.
Il38 n. r 80 w, and the 81 of the Sci
and 81 of SW4 Of Sec. %, I 139 N, r
SOW, unoffered lands in Dakota Terri
tory on appeal from your decision of
Nov. I3. 1875. z.ll.a =
The facts appearing 1of record in your
Office are fully stated in your decision.
J From the testimony taken at the
hearing ordered by your letter of Jan.
Is, 1874, it appears that on or about
May Is, 1872, Thomas S. Garfield, Pres.
ident, and Geo. W. Sweet, Attorney of
the Lake Superior and Puget Sound
Land Company, selected what is now
the M of Sec 4, aforesaid, then unoccu-
pied and unsurveyed as the location for
a townsite, and caused the same to be
surveyed into lots, blocks, streets, &c.
The survey was commenced about May
20, 1872, and completed between the Sth
and goth of the following month. A
plat of said survey was made, and on
the 9th day of Reby 1874, duly filed in
the office of the Register of Deeds of
Burleigh County, in which said tract is
situated. l. 4~ .~-..-.~#
A boundary or random line was run
at the same time, embracing other tracts,
but said tracts were not plated, and
the evidence fails in my opinion to show
that it was the intention of said parties
to include them within their selection
for townsite.
Soon after the survey was commenced
on the NJ Of Sec aforesaid, and before
it's completion. Sweet, as agent of said
company, commenced to sell lots by the
numbers indicated upon the plat filed,
certified copy of which is presented
in this case.
The parties purchasing, Immediately
commenced the erection of buildings
upon their lots for dwellings and BUSH
ness purposes. On the first of January
following thirty buildings had been
erected upon the site so selected, and
were then occupied.
During the year 1873 about one hun
dred buildings Of various kinds were
built. The population steadily increas-
ed, until at the date of the hearing be-
fore the local officers, May Is, 1875, the
number of inhabitants of said city was
estimated at nine hundred, and the val
ue of improvements made were valued
at from one to two hundred thousand
dollars.
Edwinton was the name first given
to said place, but this was subsequently
changed to the City of Bismarck.
October 81, 1875, John Bowen, Pro-
bate Judge Of Burleigh County, filed a
dcclaratory statement for the NJ of said
section 4, in trust for the use and benefit
of the inhabitants Of the City of Bis
marck.
July Is, 1876, said city was duly in
corporated by an act of the Legislature
of Dakota Territory, and the following
described tracts were included in its
corporate limits:
The NW4 and W. Of NE4 OF Sec 4,
the NJ of Sec S, and that portion Of Sec
6 which lies east of the Missouri River,
T 1873 N, R 80 W; the NJ of Sec 81
lying east Of said river, and all of the 81
of Sec 80 and 35 of T l39 N, R 80 w, in
said Territory.
May Is, 1876, Jno. A. Mclean, Mayor
of the City of Bismarck, made an appli'
cation at the local office to enter, in be-
half of the inhabitants of said city, the
NW4 and W. Of the NE4 ofSec 4, NE@@
of NET of Sec 5, T 1873 N, r 80 ", and
the S SCI and 81 of SW4 Of Sec 80,
L 139 w, + 80 w, Dakota Territory.
This application is objected to by
Hackett ct. al. on the ground that they
have rights to said tracts by reason Of
their pre- emptive settlements thereon
and for other reasons.
First, What is sufficient selection
of public lands for townsite to exclude
therefrom pre-emption filing and home.
stead entry?
Second When and by whom may
such selections be made ?
BY Sec 2258, r. S., the following
classes are excluded from the operation
fthe presumption law. "Lands included
within the limits Of any incorporated
town or selected as the site of city or
town."
LANDS actually settled and occupied
for purposes of trade and business and
not for 4 rricnltllre ''- ,.