Custer chronicle. [volume] (Custer City, Black Hills, D.T. [S.D.]) 1880-1890, 1880-11-27

ees will have 90 be refunded. This is
the sixth decision of the same tenor rem
dered by Judge lIallett. sitting in the
circuit court of the United States, one of
With has been affirmed by Judge Lowe,
"f the United states court in Kansas.
! 'llc eases are now in the supreme court
ut Washington. where decision may be
had this winter"
Should Judge lIallctt's opinion be
affirmed b. the supreme court, the ten
urc Of the land at Leadvile will revert
to the .,tl.uo quo before its settlement
| That Is to say, everyone who holds Il lot
will own it under sduatter title against
everyone bat the United States. Rut If
he leaves il, any one may enter and oc-
cupy it, and hold j a. against him. The
occanat cannot convey it except by
quitclaim. for the real ownership is i'm
the United states The remedy will be
for the city of I.aadviIle to apply to the
United States for tOwnsitc, on the
grant Of which every bona tide lot or
hou~chol!cr can obtain from the city Il
patent for his lot, on payment Of his
share Of the expenses say -.
y decision in the Kemp ease. which
Is on the supreme court docket at Wash
ington, iS shortly expected There are
some curious, features in this case, which
Thona, Patterson has gone 10 Washing
ton 70 examine, and if necessary to ex.
PLAIN. If the facts are as stated Dv the
opponents of the placer-pitentees, the
Judgement may contain some unusual
clauses.
IN Tie Stevens & Letter and Starr
patent cases Judge lIallett's decision
WAS based upon the fact that the ap-
plican'~ demanded more acres than the
law allowed namely: $50 acre, in one
ease, and "a acres in the other.
The other so-called placer patents
granted or applied for, extending in
radius of five miles around ieadville,
viii be invaldated by the cou is on the
ground OF fraud, simply for the reason
that the applicants, under the false pre-
tense of intending To placer mine for
gold, really proposed to deiraud the
tinted states of their territory, and to
make heir money by selling town-lots
to citizens ignorant of the law and of the
weakness of their title These placer
patcntecs have no more title to their
so-callcd placers than the man in the
moon, and any one who pays them
money throws it away.
One curious and rather serious conse-
quence of Judge lIalletts decision is
that the city of Lcadvilie has no longer
any right 20 levy taxes on real estate
The title 10 real property being in the
United States, the occupants thereof
cannot be compelled TO pay taxes As
the taxes are payable next month this
will prove serious matter
The Denver News saws of the late
| placer patent ease, on the 23d ult "Thc
! Cnitcd states circuit court was occupied
all day yesterday with the case of
Mosscr ". Tucker and Wilson, involving
the validity of the Stevens & Letter
Lcadvillc patent, which was declared
void; and the plaintiff, who WAS squat
ter OH the lots in question, and who
was elected thcrefrom nearly two years
ago by the parties claiming under the
plarcr-patent, recovered judgements for
the lots. and - 800 damages. This deci-
sion touching the patents renders both
patents covering the whole town Of
Leadvilc void, and the s1uattcr titles to
property in that city paramount. The
Starr patent was declared void some
time ago, and is now before the United
States supreme court at Washington
awaiting its final decision. In the above
case George g. Bates and 7. A. Green
appeared for the plaintiff and Judge
Syms and Weston and his partner a,
Leadyiile for the defendant.