St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-04-19
Crooked Work Alleged Being
Done By The Land OFF,
GERS at WorthingtOn
An Exhaustive Statement Show
ing How Friends of the Oil
Gals Located Tree Claims.
They Selected Town Sites and I'M
proved Farm Property and Then
Attempted to Steal Them.
The Falsehoods Exposed and an Appeal PEND
ing to the Secretary of the Interior.
ditor of the Daily Globe.

OF the Register and Receiver OF the Worthlng-
ton, Mimi, Land Office, regarding the rights
OF certain occupants and settlers OF public
lands in Martin county, this state, having
appeared in your issue of Feb. 4, 1884, and
an answer thereto under date OF Feb. z, 1854,
signed by Mons. Grinager, Register, and Z.
II. Smith, Receiver, of said office, having
been published in your issue OF Feb. Eth,
1884 deem it my cuty as one OF the occu-
pants OF said lands, fully acquainted with all
| the facts in the matter to make pubnc the
| 'full investigations the Register and Re
ceiver call for, and in so doing to publish, as
they suggest, the ''whole correspondence"
relative to the applications and entries, to-
gether with other facts which conclusively
show that the charges made against the above
| officers in the article mentioned are IN the
main true, although the statement OF facts
made in the article is somewhat faulty, prin-
cipally in regard to dates.
My intention was to answer this matter be-
fore, but i'll health for several months past
has compelled me to refrain from so doing
until the present. In justice to myself, in
protection of my rights and those Of my son
David w. Feller, an actual settler on a por-
ton of the lands in question, 1 cannot SUI
fer the public to remain in ignorance OF the
details Of a scheme the gross injustice OF
which is apparent on its face. The history OF
the case is as follows:-
In May 1873, understanding from the
Southern Minnesota Railway Extension Com
pany that it was about to select list OF
| hot. nd in
County, under the acts of Congress OF July
4 and 10, 1866, I made conditional con-
tract with such company, In behalf OF myself
and my three sons David w. Ezra B. and
Seward Teller, to settle and improve Sec. IL
TIP. 102 4. 30 of said tract; in pursuance of
which conditional contract myself and sons
Immediately went upon said section and
broke thereon during that season, 30 acres.
At the time the above referred to conditional
contract with the Railway Company was en-
| tered into certain of its officers informed
me that there was probability
that the Railway company would not receive
title to all of these extension lands, and that
in this event, the occupants and settlers IN
der such conditional contracts with the COM
pany, must protect themselves under the
law by homesteads, pre-emption, or other
wise. In order to better protect and pre-
serve my rights, and those of my sons in the
matter, and to insure due and timely notice
being given of the fact of the occupancy and
settlement Of the above mentioned section
of land, to the proper authorities, went in
the early part of July 1878, in company with
Hon James McHench of Martin County (who
had taken another tract from the Railway
| Company under the same conditions) to the
Land Office at Worthington. When Mr.
McHench and myself arrived al the office, we
ascertained that the Receiver was absent,
but that the Register, Mr.. Mons
Grinager was present, and we then
and there stated to the latter, the fact of the
occupancy and settlement of the lands as
heretofore mentioned, and explained to him
the terms of the conditional contracts with
the railway company and finally requested
that, if at any time these lands should be
subjected to filings and applications he
would notify usaat once to that effect, as we
had already done large amount of breaking
and did not wish our claims jumped by out
siders. The Register thereupon promised
that if the circumstances we mentioned
should occur he would give US official notice
of the same at once.
Relying upon this promise OF the Register,
| believing him to be man of integrity and
honesty of purpose, and never for moment
imagining thathe made such promise with
any interest to mislead or deceive myself
and my sons, from year to year continued to
to improve our said 1section 13, and to ex-
pend considerable sums OF money thereon.
In order to briefly show what the nature of
these Improvements were, 1 will state that,
during the season of 1889 my son David
NJ. Feller broke 100 acres upon the N. E. IA
of said section, and has cultivated the same
from that time to the present; and that in
the spring of 1880 he planted on this quar-
ter between | 1000, and 1000 trees which are
now growing thereon.
As stated in the published letter of the Reg
lister and Receiver the general land Office at
Washington, did, on May 7,1SS1, send in
| structions to the local office at Worthington,
directing the latter to receive all applications
for the lands in question, and forward them
to the general office for decision Comment
| ing on these instructions the aforesaid Reg
lister and Receiver, in their published
letter state. ''The duty of this
office was then plain. All applications must
be received and transmitted to the general
land office,'' consequently they show that
during July aud August 1881, they received
twenty-seven applications for these lands
which together with three applications re-
received at other times they allege Included
all applications then on file in their Office and
which on Sept. ID, 1881, they forwarded to
the commissioner Of the general land office.
| These applications were classified as follows:
Twenty-three applications made under the
timber culture law Two applications under
the homestead law, and five under the pre-
emption law, making thirty in all. After this,
say the Register and Receiver they trans
mitted applications as they were recived''
! Continuing their explanation they state:
'sOctober 2, 1881, the commissioner returned
all of the applications and directed US to no
tify the railway company Of each application,
and allow them thirty days to file their OBJ
iections in each case. This was done as fast
as possible in connection with the regular
business of the office, and on April "a, 1882,
we returned all applications to the general
land office, together with the objections of
the railroad company. The whole matter
then rested for nearly year,.
1t therefore appears from the statement of
the Register and Receiver themselves, that
these applications referred to remained in
their hands at the local Office at Worthing ton
from Oct2, 1881 to April "a, 1882. This fact
you will please bear in mind. In this con-
| nection will state that neither myself nor