Custer chronicle. [volume] (Custer City, Black Hills, D.T. [S.D.]) 1880-1890, 1882-01-21

together with the merits of the l,ilt the
house committee on public lands report
ed favorably, and recommended it's ear
ly passage.
While the bill was being hotly con
| tested before the senate committee, the
trouble with the county officers ut Dead
wood arose, and Judge Ofienbacher was
telegraphed to come home Immediately.
But knowing that if the bill was
abandoned to the opposition it would
not be acted upon at that session Of
congress, and knowing that the appeal
of the case in the department would, in
"A few days be perfected, and Mr.. Schurz
would most likely, at once decide the
case on appeal, sustaining the commits
sioners decision which would be about
the same as to abolish all towns in min
ing countries.
Judge Ofcnbacher, before leaving
Washington, drafted and succeeded by
almost supernatural exertions, and the
lever OF personal friendship Wit, the
necessary officials, in having adopted by
congress, resolution directing the sec
retary of the interior to suspend action
on oil cases before the department
wherein there were any contest between
townsite occupants and mining claim
ants, until congress cop!d act upon the
pending bill. This resolution seemed to
suspend the Deadwood and many other
cases to be acted upon by Mr.. Schurzs
successor should the forty-sixth congress
fail to pass the pending bill. The reso-
luton enjoining Mr.. Schurz, served to
array a combined opposition of monied
corporations, and vast array Of at
torney's and lobbyists representing vari
Gus mining interests against the bill be.
fore congress, and against .he Deadwood
ease before the department, AMI at the
last session of the forty sixth congress
the contest on the bill before the senate
committee was renewed vigorously, and
early in February, 1881, the senate com
mttee on public lands reported the bill
to the senate, precisely rs it had been
previously reported by the house COM
mittec but the Deadlock" in congress
prevented the passage of the bill, hence
the whole matter after the Ith Of March
1881, went back to the department, and
was closed on the 9th of April, 1881,
after two days argument before Secreta-
ry kirkwood, and on the 10Th day of
December 1881, the secretary rendered
his final decision in the case, materially
modifying the commissioners decision,
and in substance directed that patents
should issue TO mineral claimants for all
claims entered ut the L. S. Land onice
prior to the entry of the towusite, and
the residue 10 be patented TO the town.
All patents to be without reservations,
thus giving about eighty-one acres to
the mineral claimants, and 064 acres to
the town occupants Of the city Of Dead
wood.
While the rule established bv this
decision will give to town occupants in
other mining towns throughout the
country, property to the amount Of sew
eral million dollars in value, which had
it not been for the suspension on ac-
count of this case, would long since have
been given to the mineral claimants by
Secretary Schurz decisions.
Taking the whole history Of this case
from It's first inception, it certainly
presents one of the most remarkable
and important cases ever before the
land department. The shrewd manage
mcnt, untiring and sacrificing efforts of
Judge Ofenbachcr, in this case certainly
deserves something more than a passing
notice, and the people Of Deadwood,
where property has been saved by this
recent decision, will certainly reward
him by liberal fee, as he has managed
this whole case almost from the begin
ing to its final termination, solely upon
contingency as to fees; knowing that
unless he was successful he would re
ceive no compensation for his services,
aud the money he has expended in con-
testing the case-he having no property
interest whatever in the case.