The Livingston enterprise. [volume] (Livingston, Mont.) 1883-1914, 1891-06-27
The Castle Land COntest

"A helena dispatch gives the following
history OF the land contest settled the
past week by a decision of the Helena
land office:
L. F. Hensley, one of the discoverers
OF that justly celebrated carbonate camp
in addition to his discoveries of valuable
mines, filed declaration OF occupanc,
on l6O acres of land, erected a substan
tial dwelling house and enclosed the
tract with good fence In order tt
give the residents of Castle an opportu
nifty to get title to lots he gave up eight,
acres OF his land to the citizens, who i'm
mediately proceeded through the dis
trict judge to acquire patent from the
government for the townsite. Hensley
retained eighty acres Of the most valua-
BILE land, upon which his home and prin-
cipal improvements we're situated. This
eighty acres was piece of open table
land covered with good crop of grass
and adjoining the townsite on the south.
In August, 1890, William L. Quinn pur-
chased the possessory right and improve
ments of Hensley. The land being un-
surveyed, there was no way to acquire a
government title other than by the loca-
ton thereof with script Quinn took
possession of the land and improvements
and soon after located Sioux half breed
script on the land. Said script had been
issued to his daughter, Ellen Quinn,
upon whose decease the surrogate court
awarded the script to her father, VIM.
L. Quinn, as the only heir. This class
of script when laid under the act of July
II, 1854, and in compliance with the in
cfr Of hn 0t1i00
passes the fee out of the United States
Immediately and is equivalent to pat
ent.
Within few days after the script To-
cation was made, and entry thereof
made in the land Office, number of ill
advised persons, who had no prior claim,
forcibly and in the night, went inside
enclosure of Quinn and staked off lots,
fenced some, and in two instances put
up little shanties. The next day, how
ever, they were promptly driven from
the land and their improvements taken
away. Their next step was to file, IN the
local office, a protest against the entry,
alleging the illegality thereof, and also
that it was mineral land and some other
allegations. Upon this pro-
test a hearing was ordered by the hon
orable commissioner of the general land
office, and in due time the trial was held
at Castle, S. w. Langhorn, attorney, ap-
pearing for the claimant, William L.
Quinn, and Wade & Blackford of Helena
and Max Waterman of White Sulphur
Springs, appearing for the jumpers or
About fifty witnesses were
and all the facts brought out
IS to location, value of land for mineral,
tic.
The trial developed the remarkable
weakness of the claim of protestants,
md it also SHOW ed that the prominent
citizens Of Castle took no part in it, re-
Ilizing that if such practices we're en-
,ouraged it would be blight on their
progress. A number of the protestants
lad in the meantime abandoned their
'ase, but others, either through bad ad-
ice or desire to cause trouble, per-
listed.
The decision just rendered settles the
ase, as it is said that being merely pro-
having no vested interest at the
ime of location, they have no right OF
ppeal.
Outside of their protest, the jumpers
ave ouu00VOT0u III lduy Wdyo W OAo
to a prejudice and throw discredit on
he title acquired by Quinn, and the re-
ult has been that improvements nave
ot been as rapid as they would other
rise have been, and now the people OF
,astle are to be congratulated that TINS
loud has been removed, and the many
contemplated Will be
ushed forward. II;
Now that the title is settled those
no have invested will be assured in
heir investment and will be stimulated
, make the improvements they contem
lated Of more substantial character,
nd others who have held back until
Ills matter was settled will invest their
oney and help swell the tide which
i'll make Castle the greatest carbonate :
amp in existence.