The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-06-21
AN IMPORTANT LAND DECISION.
vsxatious Litigation Over the King Addi-
ton Settled.

yexatious Litigation Over tho King Addi-
tion Settled.
Perhaps no case before the land office
has excited so much attention, from the
amount involved and its interest to the
people of Castle, than the one just decided
bv the register and receiver of the United
States land office. 1t settles the point that
no land jumping by irresponsible parties
will be o~ountenanced by the authorities
having in charge the disposition Of the land
under the United States laws. TO those
who have made themselves acquainted with
the case, it was a foregone conclusion what
the decision would be, and those who can
calmly and dispassionately review the case
and the evidence will readily see the JUS
tics Of the decision. The history of the
case is about as follows: l.. +. Hensley. one
of the discoveries Of that celebrated car
Donate camp, in addition to his discoveries
of valuable mines, filed a declaration of oc-
cupancy on 160 acres of land, erected a sub
stnntial dwelling house and enclosed the
the residents Of Castle an opportunity to
get title to lots he gave up eighty acres OF
his land to the citizens, who Immediately
proceeded, through the district judge, to
acquire a patent from the government for
acres of the most valuable land, upon
which his home and principal improve
menta we're situated. This eighty acres
was a piece of open table land covered with
r good crop of grass. and adjoining the
town site on the south. In August, 1880,
right and improvements OF Hensley.
The land being unsurveyed, there was
title tit "" other than by the location
thereof with scrip. Quinn took possession
of the land and improvements and soon
oFAor 1ooo%aI Ginuy half broad Scrin ON thu
land. Said scrip had been issued to his
daughter Ellen Quinn, upon whose decease
the surrogate court awarded the scrip to
her father, William l.. Quinn, as the only
heir. This class of scrip, when laid under
the act of July II, 1854, and in compliance
with the instructions of the general land
Office passes the fee out Of the United States
Immediately and is equivalent to a patent.
Within a few days after the scrip location
was made. and entry thereof made in the
land Office, a number of ill-advised persons,
who had no prior claim. forcibly and in the
night, went inside the enclosure of Quinn
and staked off lots, fenced some, and
in two instances put up little shan
ties. The next day, however, they
were promptly driven from the land,
next step was to file, in the local land Of
fee, n protest against the entry. alleging
the il!egality thereof, and also that it was
mlneral land, and some other unimportant
allegations. Upon this protest a hearing
was ordered by the honorable commits
sioner of the general land officer, and in
due time the trial was held at Castle. s. w.
Langhorne, attorney, appearing for the
claimant. William L.. Quinn, and Wade d
Blackford, of Helena, and Max Waterman,
of White Sulphur Springs, appearing for
the jumpers or protestants. About fifty
witnesses were examined and all the facts
brough out as to location, value of land for
mineral, etc.
The trial developed the remarkable weak
ness Of the claim of protestants, and it also
showed that the prominent citizens of Cas-
tie took nc part in it, realizing that if such
practices were encouraged it would be a
blight on their progress. A number of pro-
testants had in the meantime abandoned
their case, but others, either through bad
advice or a desire to cause trouble, per-
sisted.
The decision just rendered settles the
case, as it is said that being merely protest.
ants having no vested interests at the time
of location, they have no right of appeal.
Outside of their protest, the jumpers have
endeavored in many ways to create a preiu-
dice and throw discredit on the title &C
quired by Quinn, and the result has been
that the Improvements have not been as
they would otherwise lave been, and now
the people of Castle are to be congratulated
that this cloud has been removed, and the
many improvements contemplated will be
pushed forward
Now that the title is settled those who
have invested will be assured in their in
vestments and will be stimulated to make
the improvements they contemplated of
more substantial character, and others who
have held back until this matter was settled
will invest their money and help swell the
tide which will make Castle the GREATEST