The Harrison times. (Harrison, Boone Co., Ark) 1876-1938, 1882-12-02
Decision d Tho Local Y. /. Land .Haa
IN THE
EUREKA LAND CASE.
~. S. land OFFICF-

U. S. LAND OFFICE, J
HARRISON, ARK, Nov. 25th, 1882. I
Townsite of Eureka Springs, Contestant, !
We.
Joseph X. Northeutt, ct al, Contestees.
Involving the "a Section 10, nwt
Section ii and all of Section Is,
except the &c sw IN Township 20n,
Range 26w.
In compliance with letters " G /"
of the General Land Office dated
May %, 1882 and July 10, 1882, A
hearing was ordered IN the above
entitled cause, to be held at this
office on Sept. 18th, 1882, as to the
question of priority of right be-
tween the City authorities of Eureka
Springs, Arkansas, and Joseph X.
Northeutt, Robert j. Alexander,
William Evans, Lewis NJ Lloyd,
Edwin A. Chapman, Peter Van.
Winkle, Benjamin Woodruff and
David G. Bays, Agricultural Claim
ants.
The parties IN interest were all
duly notified, by registered letters,
OF the time, place and nature OF said
feontest. E
On the day set for tho hearing the
respective parties appeared either IN
person or by attorney, and, during
the hearing, one George W.
Penn who on the Goth day OF March,
1882, made Cash Entry No. 1889
for the NV sw Section 10, Township
20n in Range 26w, came in and ask
ed to be made party to said con-
test. All of the lands embraced in
this contest, except the Cd of Sc, sw
Sc Is, and sw NV Section II, Town
ship 20n, Range 26w, covered by
?. D. S No. IS, David G. Bays were
previous to entry reported and held
as offered Government Lands and
subject to disposal under the various
laws for the disposal of agricultural
lands, and SAID lands were held to
be agricultural in character after a
hearing to determine the mineral or
agricultural character OF the same
as decided in the case of William r.
Conant 1t al, Mineral Claimants,
against Joseph X. Northeutt ct al,
Agricultural Claimants, by the Hon.
Secretary of the Interior.
The lands being open to disposal
under the agricultural laws, valid
entries made hereunder should be
patented provided they were legally
made and no prior adverse right IN.
tervenea
From@the testimony submitted in
this case, and from the records and
papers on file in this office, we find
that the town of Eureka was incor.
porated as such on the 18th of Feb
ruary, 1880, the act of incorpora-
ton embracing the 80 10 and all of
Section Is, Township 20n, Range
26w. AT any time previous to the
town being incorporated tho Judge
of the county IN which the land is
situated might, as trustee for the
occupants, have entered said lands
for town purposes provided there
were no prior, valid adverse, claim.
On the 10th of May, 1880, Elisha
Rosson rs Mayor for said town flied
for transmitta!, and not for the ac,
ton Of this Office, what purported to
be an application TO enter the nj
and NV of sc and n4 sw Section Is,
Township 20n, Range 26w, which,
by request, was forwarded with the
contest papers in the case of Will
liam r. Conant, ct a. Mineral Claim
ants against Joseph h. Northcutl,
ct al Agricultural Claimants. See
letter from this Office dated July %,
1880, which was not then, and we
do not now consider legal appli-
cation in not conforming to the
requirements of the Statues, aside
in calling for lands embraced in
prior entries and for lands under
contest. On the 9th February,
1881, John Carroll az Mayor of
Eureka Springs presented what
purported to be an application to
enter in addition to the NJ and NV
of ne and n1 of sw Section l5,-20n,
gov, the sw sw Is and - Section 10,
2On, 26w, which said application
was rejected upon the grounds that
the greater portion of said lands had
been previously appropriated and
was under contest to determine the
character of said lauds,-irom this
decision rejecting the same no APP
peal was takon. On June 10, 1881,
John Carroll as Mayor filed with
this Office for transmlttal, but not for
this Office to pass upon, a statement
showing that ho was Mayor of Eu.
| rnlrn Srriu..n thnI Enn.An a..t--