Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-01-31
LITCHFIELD ALL RIGHT.


LITCHFIELD ALL RIGHT.
4thi1sson's Coup de'Etat Is Redicuted by
the Citizens.
To the Editor of the Globe.
L1roHF1ELD, Jan. 29.-The article in
Wednesdays GLOBE, under the glowing head
"Litchfeld's Lift" did not create the sensa
ton and excitement here that your reporter
fondly imagined when he listened to and
dished up one side of the case. So far from
being surprise here the step taken by
Atkinson's was to a number of our citizens
anticipated weeks ago, and the
facts which form the pretend
ed ground work of the so-called
pre-emption were we'll known to leading cit
liens and to the land officers nine or ten
wears ago. J. n. Waldron and j. G. Braden,
then register and receiver at the government
land Office knew the circumstances of the al
legged presumption prior to the grant by
Congress, and thoroughly investigated and
interviewed the Oldest settlers to obtain
proof that there was legal pre- emption
claim at that time, but the proof could never
be obtained. The testimony now of pio-
neers who repeatedly crossed over the mid
die portion of the open and level quarter
St c.ion in question in the summer and fall
of 57,is that they have not the faintest recol
lection of seeing any house nor any other of
the improvements required in the statute of
pre- emptions. The want of that proof is
the weak point in the case, and by the best
posted men has always been considered fatal
to it.
But suppose it could be proved that there
was a perfectly good presumption claim and
that the railroad company has no good title,
it can not in the least affect that portion of
the land that is now plated and occupied as
the town site, because section 2258 of the
United States revised statutes expressly says
that Glands included within the limits of
any incorporated town, or selected as site
of city or town, or lands actually settled or
occupied for purposes of trade and business
and not for agriculture shall not be subject
to presumption. The same is true of the
homestead law. Now, if the TOWNSHIP of
Litchfield was as fully vacant to-day
as Plymouth Rock was in 1920, ]. B. At
kinson or any other would be usurper,
could not under this law get one iota of the
merest shadow of title to it. Our people
here understand this and ara not distressed
about their town property in the least.
If it should be discovered that the lawful
title to the TOWNSHIP still remains in the
government, section 1887 of the United
States statutes provides perfectly safe and
simple way out of the trouble, but it very
materially differs from tina plan proposed by
Atkinson & Co. The section reads:
"Whenever any portion of the public lands
have been or may be settled upon and occupied
as a TOWNSHIP, not subject to entry under the
agricultural presumption laws, it is lawful in
case such town is Incorporated for the corpor-
ate authorities thereof, and if not incorporated,
for the Judge of the county court for the cOun-
ty in which such town is situated, to enter at
the proper land Office and at the minimum
price. the land so settled and occupied in
trust for the several use and benefit of the oc-
cupants thereof according to the respective in
terests; the execution of which trust az to the
disposal of the lots in such town, aud the pro-
ceeds of the sales thereof to be conducted I'M
der such regulations as may be prescribed by
the legislative authority of the State or ter
ritory in which the same may be situated"
This is plain enough for the
dullest to understand.
The only person who can legally enter the
town site of Litchfeld in case it is govern
ment land, is the president of the corpora
ton, Mr.. s. A. Herd, and he can do it only
in trust for the occupants and owners of the
lots. Therefore we rest easy and laugh at
the pomposity and extravaganza of the
story related by Atkinson to the GLOBE.
Nobody new talks of the matter except to
r1dicule it and its deluded instigators.
w. b. Greenleaf, formerly for years con-
nected with the land Office, aud probably the
best informed man we have on this subject,
saws the idea that Atkinson has any claim on
foot of the TOWNSHIP is preposterous and
childish.
The attorneys ridicule the idea and make
it the subject of all manner of jokes.
1t looks like an organized plot to strike
temporary blow to the growth of the village
or to extort money from the st. P. NJ, d NJ.
railroad company, but it promises to mag
nifcently fail IN either. We don't believe it
will impede at all the plans of those propos-
ing to build, and as for getting propositions
of compromise from the railroad authorities,
Manager Hill speaks for himself in the for
mer article.
Atkinson is dispised, ridiculed and pitied,
but he scares nobody. If he imagines he is
suddenly become millionaire, and that as
surance does him good, he is welcome to en-
ioy it while he can, just as he did his prince
ly importance when he went to a st. Peter
railroad meeting few years ago and grant
ed the company the right of way for thirty
miles across his lands in this and other coun
ties, when it was doubtful if be owned thirty
acres in his own name. He is notorious
gas balloon. He has shown his willingness
to cIandestinely rob the people here, but his
ability to do it is quite another thing. In
few days he will, no doubt, have occasion to
hang his harp on the willow and retire from
public life. T.