The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-02-17
KLE|NSCHMIDT GETS IT.
A Claim 10 Some Valuable Land In
the Valley Decided His
Way.
Charles Thomas, Who Shot Mrs.
Burma, on Trial In the
District Court.


T. Fl. Klsinschmidt yesterday won his
coo acre ranch near French Bar. IL WIS
taken no by him 40 desert land on Nov. 2,
1882, and final proof made Jan. ~, 1886. On
March 2, 1886, Chancey G. Stubbs fled q
contest. alleging thst Kleinschmidt had not
acclaimed or fortified the land and made
IL productive. as required by law.
The Helena land Office on Decem-
Der q, 1885,, recommended that the
KIsinschmidt entry be cancelled. An APP
peal was taken to sne general land Office at
Washington. The decision Of the commits
sioner arrived here yesterday. II reverses
the decision Of the Helena land Office. and
approves the KIcinschmidt entry. In the
decision the acting commissioner. after re-
viewing the history Of tho case, says:
"A careful examination Of the evidence
discl0ses the fact that It was admittSd-or
aot disputed-that he tract involved was
not desert land; that q ditch several miles
long had been rnn across the high places In
such . way as 70 furnish water more than
sufficient to irrigate all the tract excepting
eighty to 100 acres: that another ditch sufi-
Gent to furnish water to the part not irri-
gated by the main ditch, had been made AZ
be irrigated at the date of contest. Several
lateral bitches were also opened. Only q
few acres were cultivated for wheat, pota-
toes, stc, the balance being fenced in and
used for pasture and grass. The real ques-
ton on which the Helena Office decided tho
question was the failure TO actually spread
water on some portion Of the land. though
il appeared that an abundance could be
brought there"
The evidence Of the plaintiff, Stubs, the
opinion says, Twas more or less the result
OF feeling or spite against :K~ieinschmidt-
the same feeling that led bin to bring the
contest, a. be expressly and emphaticaliy
unclaimed all preferences right. Though
Stubbs tried to excuse himself for bringing
the contest by saying that he and others
wanted the fences torn down n the land
thrown open to the public, yet it appeared
in evidence by credible witnesses that he
and others brought this contest. among
others, to compel the parties to buy them
out; and that Stubbs said that unless
KIeinschmidt bought his ranch he would
push the contest and make it cost Klein
schmidt more than the land was worth. He
seemed to be jealous of the defendant, and
being anxious to have this land thrown
open to the public, desired to deprive Klein
schmidt of his success in bringing water
upon the tract. though at q cost of several
Thousand dollars, simply because defendant
prepared to utilize it in a more valuable
was-fOr grazing purposes. He (Klein-
schmidt) certainly showed good faith by
expending large sums of money and faith
ful work. Though it il true that the water
had not been actually spresd over about
there being no adverse claim, and the de-
felt. If any. having been cured before the
contest, / think the entire entry should re-
main intact. Reclamation was complete"
The land thus finally acquired by Klein
schmidt 10 worth thousands of dollars