St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-04-20
VAST AMOUNT IN QUESTION
The New Department Ruling in Regard
to the Presumption Proofs
is IMPORTANT IN DAKOTA.
he Wants $1,000 for Being Displaced
From the Cars One Hundred
Yards Away.
IS IMPORTANT IN DAKOTA.
Snecial to the Globe

Special to the Globe.
JAMESTOWN, n. D., April ia CUES
ton has recently been raised which ap-
pears likely to seriously affect the
validity of the titles of an enormous
amount of land in Dakota and some of
the states and territories 1t has al
ways been the practice for parties wish
ing to prove up on a presumption or
committed homestead to have the testi-
mOny taken before the judge, OF, in his
absence, before the clerk of the dis
trict court. 1t now appears that
under the presumption law there
is no authority for the taking
of evidence by any other official
than the register of the local land office.
An act approved OH March 3, 1877,
amending section 2249 of the revised
statutes, provides that proof in home
stead cases may be made before the
judge OF clerk of the district court, but
makes no provision in case of pre-emp-
ton final proof. The question is now
before the secretary Of the interior, and
as the letter of the law is plain, it
would seem that he will be compelled
to decide that
PRE-EMPTION PROOFS
made IN this way are invalid and will
have to be repeated. If this view of
the case is correct, the next congress
should pass retroactive act, to legaliZe
the practice. l seems strange that
proofs should be made thus illegally
if they have been, for ter years, with
out the question being raised.
Prof. G. j. Pickert, who is conducting
TEACHERS INSTITUTES
in North Dakota, has the following list
of spring engagements:
April 1919, st. John, Rolette county.
April 1926, Minnewaukan, Benson
county.
April a9-May 8, Darlington, Foster
May 6-10, La Moure, La Moure county.
May 1917, Wilmot, Roberts county.
May 1924, Milbank, Graus county.
May 27-31, Castlewood, Hamlin county.
In the district court this week the
case of E. II. Fell VS.. The Northern Pa
cific Railroad Company was tried and
the plaintiff given 5000 damages by the
jury. Fell is carpenter, who purchased
ticket for jamestown at Eldridge last
July. He was informed by the agent
that he could ride on freight train No.
10, and boarded the train, but
WAS PUT OFF
by the conductor about one hundred
yards from the depot while the train
was moving. The plaintiff was suffer-
Ing from hernia and in consequence of
his ejectment claims to have been
obliged to discontinue work for some
three weeks. For this loss of time and
the damages to his feelings he asked
5000. There are very few important
cases on the calendar and the term is
nearing it's close. The last legislat1Ta
passed bill making La Moure county,
which has always been attached to
Stutsman, for judicial purposes, sepa-
rate subdivision, and all the La Moure
county cases were transferred and will
be heard at term to be held soon at La
Moure.
The official result of the recent civ
election is as follows: For MAYOR. B.
w. Fuller. AGO, scattering 80: for treas
urer, Geo. l. Webster 317;J w. Sheridan
1888; for police magistrate, L. T. Ham
llton 314, George c. Eager 1913. Alfred
Steel and P. NJ, Garrigan were elected
aldermen i'll the First and Second wards
respectively. and Tom DriscolI beat
Jack McGihhis II votes in the Third.
and j. G. Eager led S. r. Graves 8 votes
in the Fourth. The vote was light, oniy
$40 being polled. In number of votes
polled this spring the leading North pa
kota cities are Grand Forks $50, Fargo
o:4, DiSHiarck 5oo, jamestown 49,.
Sioux Falls leads in the South with
1,S0S. The new administration was in
augurated Monday night. The new
mayor was born at Cambridgeville, VT,
forty-tWo years ago. He served two
successive terms in the Vermont legis-
lature. His popularity is shown from
the vote in his city of Eden. The first
time he ran he received all but thirtv-
nine votes: the second time there were
only eight against him. He came to
Dakota nine years ago. He has never
been identified with politics, but. has
given his whole attention. to his large
business interests, being extensively
engaged in the land, loan and stock
business.