The Livingston enterprise. [volume] (Livingston, Mont.) 1883-1914, 1889-11-02
AN INTERESTING LETTER
From the Land Department Affecting
Settlers on Railroad Lands


Settlers on Railroad Lands.
The following letter was received
this morning from the Bozenan land
office by District Clerk J. A. Bailey,
and is here reproduced through the
courtesy of Mr.. Bailey:
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE.
WASHINGTON, d. c., OCT. %, 80.
Register and Receiver at Bozeman,
Montana:
GENTLEMEN: On May 6. 1889, this
office examined coal entry No. %, by
David Smithurst and Thomas Wood,
for the E1a NE14, section 36, and VIZ
NE4 and NW4 of section 81, town
south, range 20 east, Bozeman, Mon
tana, the same being within the grant
ed limits of the Northern Pacific rail-
road, and also within the ceded lands of
the Crow Indian reservation. The
question in the said case being: Did
the lands in odd numbered sections
within the Crow Indian reservation
pass to the Northern Pacific railroad
company By the granting act of July 2,
1864, and acts amendatory and supple
mental thereto?
Following the decision of Secretary
Villas in the case of the n. z. r. II. Go.
VS. Miller e l.. ID. 1907, in which he held
that under the ruling of the supreme
court IN the case of Butts VS.. this COM
pany (ll9 1. s., 55) it was "explicitly
adin;lyea that such lands passed by the
grant to tn" company III fee, subject to
the Indian right of occupancy, which
the government Will at it's pleasure ex-
tinguish," this office held that the lands
il. the entry Of Smithurst and Wood, so
far as they were in an odd numbered
section, passed to the railroad company
by the act of July 2, 1864, inasmuch as
th,y were within the forty-mile limit
of said grant; and held their said entry
for cancellation, subject to appeal with
in go days. This was decided as test
case; and no appeal having been filed
therefrom by the entrymen, the same
has become final.
am now in receipt of letter from
Messrs. Mcdonald, Bright and FAY, in
behalf of number of clients. request
ing that this office take up, as a test
case, the homestead entry No. 1852, by
Alexander Dellone, appealed July 2,
1889; that immediate action be taken
therein, either affirming the decision
above referred to, or reversing it. in or
der that an appeal may be taken to the
secretary of the interior at he earliest
possible date in SAFE! case.
On May 6. ,sSa. Alexander De!lone
made homestead entry 1852, for the lots
2 and and S115 NWl4 Of section l5,1S.,
10 f., BoZeman, Montana.
This land is within the twentv-mile
limits of the grant to the n. r. Il. r.
Co., under act OF July 2, 1864. The
lands in the odd numbered sections
were withdrawn February q, 1872.
upon general route. The line of road
opposite this land was definitely located
June q, 1881.
This land is also within that portion
of the Crow Indian reservation which
was ceded to the United States by
agreement with said Indians June l2.
1880. which was accepted and ratified
by congress April II. 1882, (Stats. g, D.
S4) when the lands became part of the
public domain. The line Of road WAS
definitely located prior tc that date. but
under the ruling OF the supreme court
Of the United States in the case of
Butts VS.. the Northern Pacific Railroad
Ql9 Z. s.. 55.) as Interpreted
by Secretary Villas in the case Of said
VS.. Miller, & L. d., 1907 the
light of the company to the odd mum.
)ered sections within the limits of it's
grant, covered by the Indian claim. did
not depend upon the eXtinguishmento of
hat claim before the definite location
If the line of road, but the lands passed
n place, by grant to the company, sub
ect to the occupancy of the Indians.
md when the Indian claim was exein.
,uished the title of the company he
.ame effective.
In view Of this ruling, and following
he decision Of this Office of May6
$50, in the case of SmithurSt and Wood
ecited in the beginning of this letter.
must conclude that the land en-
raced in the homestead entry OF Alex
'nder II. Dellone. passed to the COM
,any under act OF July2. 1864. and YOUR
ction rejecting his homestead proof is
ilirmed and the said entry held for
subject to appeal within
ixty days. Very respectfully.