The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1889-10-18
HALF BREED. SCRIP:
An Important Land Case From Min.
nesota Decided by the General
Land Office.
Burned to Death While SUSPENDED
in Mid.Air by an Electric
Light Wire.

WASHINGTON, D. O. Special telegram
Assistant Land Commissioner Stone, of the
general land Office, has given an opinion
In what Is known as one of the Chippewa
half-breed scrip cases. The lanu in contro-
versv is.very valuable. as It contains rich
deposits of Iron and ia in the great Minnesota
iron belt The land is lot and northeast
quarter section 80, town II. range SO. in the
Duluth district The land was first located
by James H. Warren by his attorney in fact,
J. H. sharp. under the treaty of Sept 80.
1854. which allowed every head of family
Of the mixed blood Chippewas of Lake su-
pertor to locae eighty acres of land. Feb.
%, 1889. Joseph H. Chandler applied to To-
cate Valentine scrip on the tract March %.
1889, jesse G. Barride applied by attorney
to locate soldiers additional homestead
entry. Both applicants were rejected on the
ground of Warren's previous location. March
IL, 1880. Emio Hartman applied with Por-
tertield scrip and WIS also refused. All par
ties appealed to the general land office.
Chandler and Barride failed to file affidavits
OF contest against Warren until after Hart
nan's affidavit was fled, and his contest
therefore comes first and he is the only one
considered. Hartman alleges that Warren
made the entry for the benefit of other par
that j. H. Sharp was made his attorney for
location, and c. A. d'Autremont attorney to
sell No law was ever passed by congress
regulating
OTHER METHODS OF SELECTION.
But the interior department. authorized
the half-breed to appear before nn Indian
agent and make proof that he or she was, ut
the rate of the treaty, the head of family
ho1 ntyiv, tr,f fhn I ol.
The agent should deposit the proof with the
lund officers, und the Indian secure certii-
cate Of identity. This certificate of identity
was located by Warren through his attorney.
The assistant commissioner holds that War
ren's selection is prima facia valid. 1t was
made by virtue of power Of attorney duly
executed in the name OF Warren himself,
properly identified as beneficiary in the
| treaty. He had IL right to hnvo the land &C.
lectcd fot him, and the land in question had
segregated from tho public domain when
the other applications were made. The &C.
ton Of the local officers In rejecting said ap-
plication Is affirmed subject to appeal to the
department. He directs patent to issue to
Warren. II Warren has been defruuded as
| alleged by tho contestant, his patent will
protect him II he has agreed to sell the
land for consideration 1t is something with
! which The department has nothing to do.
The authority by which the land was located
was certificate of identity and contaius
nothing to prevent the Indian from dispos-
ing Of it or bargaining for the land before he
has located it The allegation that Warren
had signed two powers of attorney in blank.
one to locate the land and the other to sell
the sumo, does not invalidate the certificate.
The pa'ent is directed to issue to Warren or
his authorized agent, subject to appeal. This
case will of course be appealed to tho in
terror department, as there are others pend
ing which will be affected by the final decis-
ion aud the land involved in this case is
worth $3.50, 900 or more.