The Dickinson press., 1889-11-23
AN IMPORTANT LAND DECISION.
The Bates vs.. Bisscll Contest Decided
by the Secretary.

by the Secretary.
In the homestead contest case of
n. +. Bates VS.. o. G. Bissell, for a
quarter section of land just north of
Gladstone that has been before the
land department for the past five OF
six years, the Secretary of the Interi.
OF has rendered u decision in favor of
Bates. The contest is of great local
interest as both parties are prominent
and we'll known throughout this sec.
ton and we give Il brief history of
the case as it progressed through the
different stages. In the land Office at
Bismarck, the register and receiver
sustained Bates entry. On appeal to
the commissioner of the land office,
the decision of the local office was re.
yersed, and Bates entry was CANCEL.
ed. Bates appealed from this deci-
sion, but the department affirmed it
Jan. 9, 1886.
Feb. IL, 1885, Bates instituted the
contest which Assistant Secretary
Chandler settles by deciding that Bis.
sells entry should be cancelled, thus
reversing the decision of Secretary
Lamar. Bissell and his wife, with
others reached the ne%ighborhood of
the land in question, May 9, 1882, and
soon aftcrwaLd commenced the cree.
tion of a dwelling house at Gladstone.
He was chosen postmaster at the viii
lage and says he built the house for
a postoflice and a home for his wife.
During most of the summers of 1882.
8, Bissell slept in a house which he
claimed as his residence OH the land
i'll question, about half 4 mile from
the Gladstone house. He says he
continued to occupy the building for
10 days or two weeks after the hear
ing of Aug. II, 1888, and that there.
after he lived at his house in Glad
stone until the 5th of February, 1886.
March Is, 1886, he started to move
the Gladstone house to the land in
controversy and got it OH the land the
oath. Bissell claims it was very i'll
convenient for him to 1.-Two on the
land in controversy for nearly two
and a half years, and that the land
commissioner informed him that his
appointment to the position of post.
master and his absence from the
claim consequent upon the duties of
that Office would not j%copardize his
land, provided lie received his APP
pointment subsequent to his settle
ment and residence upon his claim,
if he kept up the Improvements
thereon.
AT this time Bates was claiming
adversely to Bisscll and had built Il
comfortable dwelling, a barn, car
riage house, coal shed and chicken
house, the whole costing about
$1,000.
Judge Chandler says the commits
sioner had no correct or reliable in
formation in regard to the nature of
the conflicting claims, and Bissell had
relied implicitly on the commission
er's opinion, but did not bring him
self strictly within the conditions
prescribed, and even if he had, the
commissioner nor the department
would be bound by an opinion ex-
pressed OH an OK partc statement of
the alleged facts made by Il claimant
in his own behalf in the presence of
al adverse claim to secure a pre-judg-
ment of his case before it was pre-
scntcd for decision with regular
course of business.
Judge Chandler thinks Bissell never
established a residence upon the
tract, and that his wife never lived
upon it, and the greater part of his
household goods were at Gladstone,
where he had n comfortable home,
and where lie resided from Aug. IL,
1889, to Feb. S, 1880.