davidaulloa/AmericanStories huggingface dataset:
The Livingston enterprise. [volume] (Livingston, Mont.) 1883-1914, 1891-12-05
Homestead Entries.

The following letter from Commits
sioner Carter will be of interest to home
stead settlers: "John w. Eddy, Helena,
Montana.-Sir: l am in receipt of your
letter of November 6, 1891, in which you
state that as you understand section
2,2S9, act March 3, 1891, a person may
enter eighty acres Of surveyed land, and
later on when the adjoining township
is surveyed, enter an Traditional home
stead" for the remaining eighty acres
upon which party has settled, instanc
ing, as case in point, John Trodick, who
has been settled upon SE a SW a SW
ID Sc d, section 35, township Is N, range
4 w, the former township being sur
veyed and the latter unsurveyed. You
desire to know if he can file upon the
eighty acres of surveyed land now, and
take the other eighty as an additional
homestead when surveyed.
In reply, you are advised that section
2,289, Revised statutes as amended by
act of March 3, 1891, provides that such
persons as are qualified shall be entitled
to enter one-quarter section, or less
quantity of unappropriated public land
etc., and it is held by this Office that if a
party chooses to take less quantity of
land than 160 acres under this section,
he thereby exhausts his homestead
right.
The provision of said section which
states that "every person owning and
residing on land may, under the provi-
sions of this section, enter other land
lying contiguous to his land, which
shall not, with the land already owned
and occupied, exceed in the aggregate
16O acres," applies only to persons who
are qualified to make homestead entries,
and person who has made homestead
entry since March 2, is not SO qualified
The ownership contemplated by such
provision is the title obtained by some
other means than under the homestead
law.
Mr.. Trodick is not bound to enter tt Q
tracts Of land0claimed by him until the
land in TIP. IA n, r. w., is s surveyed
and the plat thereof filed in the local
Office, and should he enter the surveyed
llnd, it would be waiver of his right
to take the number of acres to which he
is entitled, and it would be held that he
had exhausted his homestead right. (See
letter to r. r. at Los Angeles. Cal 3
Copp., p. y. Very respectfully,
THOs. H. CARTER.
Commissioner
The Livingston enterprise. [volume] (Livingston, Mont.) 1883-1914, 1891-12-05
.Dr Graves on Trial


A Denver dispatch of the 2Sth saws:
The first week of the trial of DR.. Graves.
charged with the murder of Mrs, Barn
ably of Providence, r. l.. has come to a
close, and considering that most of the
time has been devoted to the usual rou-
tine matters preceding and bubbles
over legal technicalities, it has been un-
usually exciting. Every foot of legal
ground is hotly contested by the attor
neys of the different sides. and the trial
is destined to pass into Colorado's ju-
dicial history as mighty contest be-
tween some of the greatest intellects in
the legal profession It is now thought
that the work of qualifying jurors will
be completed by Monday evening and
that the trial will begin in earnest on
Tuesday morning.
John II. Conrad, a law of Mrs.
Barnaby, the alleged victim of Dr.
Graves, is pushing the prosecution with
unrelenting vigor. He claims that there
is no doubt but that Dr. Graves will be
convicted. He says that much of the
most important evidence in the case is
as yet unknown to the public, and that
it will be introduced at the proper time
in the trial. District Attorney Stevens
is also working with great vigor to Sc
cure the conviction of the accused, IN
whose guilt he firmly believes, and he
asserts that it will be impossible for the
defense to refute the mass Of crlminat-
ing evidence which is being held in re
serve and which will soon be launched
in it's proper channel.
The opinion of the Denver public as
to the innocence or guilt Of DR.. Graves
was at first about evenly divided, but
belief in his guilt is evidently growing if
the frequent expressions of opinion
heard in the court corridors and on the
streets are entitled to credence. Only
seven men were left out of the panel OF
$50 talesmen when the court this morn
ing resumed the work of securing jury
to try DIR. Graves. These seven men
we're quickly examined and an adjourn
ment was then taken until Monday,
when it is thought the jury will be con-
pleted.
The two most interested spectators OF
the proceedings we're DR.. Graves and
John H. Conrad The enc was an aven-
ger and the other is battling for his life.
Colonel Ballou sat between the two men,
at mortal enmities, for Mr.. Conrad be-
lieyes the doctor guilty and the latter
cannot move the man who is trying TO
convict him. DR.. Graves face was rosy
this morning and he looked much more
confident than he has since the progress
of tie trial began.
The Livingston enterprise. [volume] (Livingston, Mont.) 1883-1914, 1891-12-05
A Dead Sure Game.

Grant Wells and Andrew Scott were
arrested by Sheriff Templeton and A. E.
Ovens Monday evening for conducting
strap or belt game. Wells was ar
raigned before Justice Redfeld Tuesday,
entered a plea of not guilty and in the
afternoon his examination was proceeded
with. W. H. Poorman appeared for the
defendant and County Attorney Joy for
the state. William Tuggle, victim of
the game, testified that on Saturday he
met the defendant Wells on Hefferlin's
corner and walked down to Lisk's saloon
with him. While they were standing
there Scott came out of the saloon and
stood looking in the window. Wells
noticed a string hanging out of his
pocket and upon pulling it out found a
strap attached to it in which there was
a three-cent piece. Wells put the coin
in his pocket, rolled the strap up again
and placed it in Scott's pocket and then
asked the latter what he was doing with
the strap in his pocket. Scott said he
had three-cent piece rolled up in it.
Wells wanted to bet him the drinks that
there was no three-cent piece in it.
Scott wouldn't bet the drinks but would
bet SO. Wells didn't have $40 but he
thought maybe young Tuggle had. OF
course Tuggls had SO and wanted to
bet it. He had just seen Wells slip the
leather out of Scott's pocket, remove the
three cent piece and put the strap back
without Scott noticing it. 1t was a
dead easy snap to win SO off of Scott
and as Tuggle had no desire to overlook
snap he put up the money. Then
Scott wanted to put up ten more and
Tuggle saw him for five. Scott then
reached in his pocket, pulled out the
strap, unrolled it, and produced the
three cent piece. OF course Tuggle lost,
and with the remark that the trick was
worth $50 to him they walked away.
Monday evening they tried the same
game on II. N. Owens but failed. On
complaint of A. E. Owens they were
arrested and lodged in the county Jail.
The strap with which they worked is
about ten inches long and one in width
and is so arranged as to conceal one coin
and leave the other exposed. By press
ing underneath the strap the concealed
coin is forced out and the victim loses
his money. After hearing the testimony
the men we're bound over to the district
court in 81, 600 bonds, and in default Of
the same were committed to the county
Jail.
The Livingston enterprise. [volume] (Livingston, Mont.) 1883-1914, 1891-12-05
Order of Business

Before the county commissioners, De-
cember term, 1891:
First Day, Dec. 7.-Receiving and
auditing reports of county and township
officers and examining official bonds.
Second Day, Dec. S.-Hearing board
petitions and school business.
Third Day, Dec. 9.-Auditing accounts.
Fourth Day, Dec. 1O-Auditing ac-
counts.
Fifth Day, Dec. 11.-Reports of road
viewers and remopstrance of same; mis-
cellaneous business; establishing public
highways.
Sixth Day, Dec, ACCOMPANYING ac-
counts of jurors and witnesses in dis
trict court with clerks warrants issued;
cancelling warrants.
Seventh Day, Dec. 4.-Settlement
with county treasurer.
No accounts will be received for filing
and auditing after the first day of the
session. S. DEUTscH,
County clerk and recorder.
The Livingston enterprise. [volume] (Livingston, Mont.) 1883-1914, 1891-12-05
\ Du,S1sTRAToR's NOTICE OF SALE OF

DM,NISTRATOR'S NOTICE OF SALE OF
"A REAL ESTATE. Notice is hereby given,
that in pursuance of order OF the district court
of the county of Park, state OF Monaana, made
IN the 81 st day of October 1885, in the matter of
the estate of William Williams, deceased, the
undersigned the ad:ninst ator OF the said estate,
will sell at private sale to the highest bidder tor
cash. and subject to confirmation by said dis
trict court at the city of Livingston in the county
nf park all the right, title interest and estate Ut
the said William Williams, deceased, at the time
of he death, and all the right, title and interest
that the SAID estate has, by operation OF law OF
otherwise acquired other than or in addition TO
that of the said William Williams deceased, at the
time of his DEATH in and to all those certain los,
pieces parcels of land situate lying anu oe. md
IN the said county of Park, state of Mont ma. anu
bounded and described as follows. to,wM. AZ 5n
undivided One-third interest IN the loHoWnS ur 70
scribed r,perty: Lots Nos y, ~. II, !. Ana i -
No. is in the original plat OF Livingston, DE-
tana. and all of the following interests u A.;
nr0nerty. being in the New Woria mlnIng oi T.
trict, Park county, Montana, VIZ; VIZ soda minino
.Is;m .hs = interest in the ''King's Band quartz
lode mining claim y. interest IN tne nots. = ~ ~
nnartZ lode mining claim; lio lne!es. III, ~ M
aYoung BONANZA quart. quart. iw"e mart lode mining
,a;n All of SAID real estate will De soid 20 one
aa.ca and bids or offers in writing for tne wnu.e
snareof will lie received on or aIteE t.S I;.;:t
of december, 1891, ct the once VI Mnrtsna or
,sx Re - delivered to the undersigned adm.nis e
..s!or IN nerson. or may be filed in the once Vi
the district clerk aforesaid. Terms anu son on,
ditions Of sale: Cash IN hana, yen tna ssid
sdmin MI. istr stor on the day Of sale, balance On
"rarmatiOn of sale by said district court. Dee.'
Al expense Of Purchaser; cAprRR
.a.o;nistrator Of the estate Of william VIII
i'sn''' First pub Dec. 2, 81
The Livingston enterprise. [volume] (Livingston, Mont.) 1883-1914, 1891-12-05

~ traitor, executor, unknown heirs or assigns OF
j. X. Beidler, deceased: Yon are hereby noti
fed that the undersigned has, in accordance with
the requirements Of section S3S4, Revised stat
utes OF the United states, expended 800 in labor
and improvements upon the Granite quartz lode
mining claim, situated on Granite mountain, IN
the Boulder (nnorganized) Mining district. Park
county, Montana, to represent sald quartz . loae
MINING claim for the wear ending December 3lst
1890 That unless You, the said co-owners heirs
or assigns, with me in said claim pay your pro
portion Of said expenditure Zone fourth, 70
refher with the cost of this notice. within ninety
days after the complete publication hereof your
interest in the Granite quartz lode mining claim
will become my property ander the provisions OF
said section 1924, Revised Statutes OF the nnrted %
states. ALBERT SCHMIDT.
Livingston, Mont, Sept -, 1891.
list pub. Sept. 19. 1891.
The Livingston enterprise. [volume] (Livingston, Mont.) 1883-1914, 1891-12-05
Montana Historical Society
PRICE 10 CENTS,
Death of "Land Bill" Allen.

A dispatch from Columbus. Ohio. of
the 29th inst. says: The great public
benefactor known in history as Land
Bill'' Allen ended his days in the Frank
lin county intirmary this morning at six
o'clock, after suffering one week with
paralysis Mr.. Allen was born in Win
dom, Conn, May %, 1910. In early years
his father moved to Rhode Island, and
he was given an education. He also
learned the tailor trade. Land Bill"
Allen also entered the journalistic arena,
running the Rhode Islander. He mar
ried Zena Weaver. and sold his paper
and came to Columbus in 1929. He
edited the Ohio State Journal and the
Cincinnati Gazette for years. Having
the homestead Idea-that of giving 100
acres of Indian land to every man who
would guarantee to settle on it IN the
west-he spent $4,000 introducing his
plans In 1868 the great bill was passed
in congress. but Allen nerer took any
lands He moved to Sharon township,
Franklin county, and began farming.
Shortly afterwards his wife died. Sick
ness came on the old benefactor, and
little by little his property passed out of
his possession, leaving him at least pen
niless and helpless in his advanced years.
A few weeks ago he was admitted to the
Franklin county infirmary where every
attention has been given him, and sew
eral subscriptions have been raised all
over the country to assist him. Ere the
assistance of his friends could be appre-
ciated, death relieved the old man of his
troubles. His body is in charge of the
superintendent of the intirmary who will
hold it until Wednesday, giving the
friends an opportunity to bury him. A
monument fund is inprogress.
The Livingston enterprise. [volume] (Livingston, Mont.) 1883-1914, 1891-12-05
blaine is All Right.


The Philadelphia Press has the fol
lowing to say of Blaine's health: TO
consult his medical adviser was the
prime reason for Blaine's trip to Phila-
delphia. Blaine learned that he was in
better health and strength now than for
four years back, and year hence he
will be stronger than now. 1t was
further learned that he is as good man
physically at 81 years (Mr. Blaine's age)
as anybody else of like age. The physi-
clan said:
Mr.. Blaine is well man. For his
years he is sturdy. When | began to
attend him last spring he was suffering
from acute illness, was in very bad
condition and completely broken down
by overwork. | did not know what the
outcome would be. Now there is no
doubt in my mind, for his health is ex-
cellent. He is back to his normal weight,
has good appetite and sleeps well. He
has become we'll by the exercise of COM
mon sense, aot by medicines. At Bar
Harbor he went out riding so far each
day, walked certain distance and played
hand ball fixed length Of time. Before
his illness he was not man who would
take much exercise Now he has grown
to like it, If Mr. Blaine continues to
take care Of himself see no reaOn why
he should not live many years longer.
He has entered upon ripe age, being
81 years of age, and takes pleasure in
his present strength.
The Livingston enterprise. [volume] (Livingston, Mont.) 1883-1914, 1891-12-05

A meeting of the business men of Cas-
Tie was had Friday evening to listen to
.ne report OF the committee appointed
70 view the route for wagon road be-
tween castle and Neihart. The Trib-
uae mas the following to say regarding
tne meeting: Mr.. West, who volun-
teered to give his services pratr;tons,v
70 view this proposed route. said that he
The Livingston enterprise. [volume] (Livingston, Mont.) 1883-1914, 1891-12-05

XXI WARRANTS CALLED. Livingston, Monta-
w ma, Nov. sand, 1891 Notice is hereby
given that the following numbered county
warrants will be paid on presentation at my
office and interest will cease from this date as
follows
General Fund Warrants-SO3a. S15a Sl6a, STA
slSa sl9a, sa0a S2la, S2..a. ,96a 1872, ll6O, 1886
l4l2, 1884 l.., 1880, S24a l457 1426. SS9, 1919, 6
9 l44l, AGO, 1880 lsO, 464a, 6lla 'ssa ss'a, lll6
1lgS, 1894, l46s, 1923. S26a, S21a, S2.Sa, S25a.
f. " WRIGIIT, County Treasurer.
The Livingston enterprise. [volume] (Livingston, Mont.) 1883-1914, 1891-12-05
Real Estate and Mining Transfers.

Real Estate ana Mlh1hK IfahsItrs,
RIB. Bashford and Jennie S. Bashford
to Henry w. Ward, lot %, block O. Liv-
ingston.
Henry r. Moves. ct. al. to Charls J.
Potts, lots l and 2 Of block 10, Liv
ingston; $500.
Albert Stubblefeld and Isabella n.
Stubblefeld to Michael Walsch, all Of
the fractional oneh half of block %. Big
Timber; 800.
E.O. Clark and Lena Clark to the
Clark Cattle company, lot 8, block 8;
500.
The Livingston enterprise. [volume] (Livingston, Mont.) 1883-1914, 1891-12-05

NOTICE FOR PUBLICATIONS. Land Office
~ at Bozeman, Montana, Nov. 10. 1891. Notice
is hereby given that the following named settler
has filed notice of her intention to make final
proof in support Of her claim, and that said proof
will be made before the judge or clerk Of the
Sixth Judicial District court at Livingston, Mon
ply, widow OF Isaac Murphy, deceased, P. d. S.
No 1853, for the lots q, I and 3, section ,, town
ship 4, south of range east. She names the fol
lowing witnesses to prove her continuous resi-
dence upon and cultivation of said land, w:
David z. Rankin. Burnard Mcclure, Martin
O'IIerOn, Thomas +. Allen, all Of Livingston,
Park county, Montana.
EFF ERRIS, Register.
list pub Nov a. 1891.
The Livingston enterprise. [volume] (Livingston, Mont.) 1883-1914, 1891-12-05

Justice Woodman, before whom the
cases of the anarchists, who we're ar
rested at meeting held November IL,
and il was decided that the assemblies
raided were unlawful ones. He fined
the leaders $50 each and the others $40
each. These fines, at the instance OF the
city attorney, were at once suspended.
This action was presumably taken for
the purpose of averting an appeal to the
higher courts. 1t is understood, how
ever, that the defendants will appeal,
nevertheless.
The Livingston enterprise. [volume] (Livingston, Mont.) 1883-1914, 1891-12-05
IF. ERRIS, Register
Nst pub. Nov IA. 1S9l.)

NOTICE FOR PUBLICATIONS Office
~ At Bozeman, Mont Oct. 81, lSal-Notice is
hereby given that the following named settler
has filed notice of his intention to maze final
proof in support Of his claim, and that said proof
will he made before the clerk of the Sixth Judi
cial District court at Livingston, Mont, on De
cember IA, 1891, viz: John Meln. II S. No. ll3O,
for the lots 5, 81 and NEA of SWl4, section 4,
township 5, south of range east He names the
following witnesses to prove his continuous res
idence upon and cultivation of said land, viz:
George A. Allen, David NJ. Allen, Gus Nelson,
Andrew Nelson, all of Livingston, Park couny,
Montana. E. +. FERRIS, Register
lst pub Nov. Z, 1891
The Livingston enterprise. [volume] (Livingston, Mont.) 1883-1914, 1891-12-05
Reeds Rulings.

A brief has been filed for the govern
ment in the supreme court OF the Unlteo
States by Solicitor-General Taft, IN the
case of the United States, appellant, vs.
Ballin, Joseph & Co.. known as the quo
rum case, brought to test the Legality OF
Speaker Reeds methods in counting a
quorum: also to test the appralsement
of worsted goods. The case comes to
the supreme court on an appeal from
the United States circuit court for the
southern district of New York. In his
brief Solicitor General Taft gives the
position of the government as follows:
The presence of a majority of the
members of either house constitutes a
Quorum to do business. Members, II
present, are part of the required quo
rum to do business, though they 90 not
vote. This is shown, first by the context
Of the constitution providing in effect
that a Quorum to do business may De
obtained by compelling the presence u
absent members; second, by the history
of the clause in the constitutional con
vention; and third, by the common Ia"
meaning of the word quorum. Eacr
house, by virtue of it's constitutional
power to determine the rules OF It's pro
ceedings, may ascertain the presence o. o.
a quorum by any means or agency II
chooses to select, and after such ascer
tainment the house, by virtue OF '.s
power to keep journal of its proceed
ines, may, as it did here make the
;o,,rna, show the truth, and thereby
conclusively establish the faut A. Oh 'ne
presence of quorum. The OH reoe'.eu
the affirmative vote OF majority o' ''o
ouorum and was lawfully passed.
The Livingston enterprise. [volume] (Livingston, Mont.) 1883-1914, 1891-12-05


NOTICE OF DISSOLUTION.-Not is
~ hereby given that the partnership heretofore
existing between j. {. Callahan and s. NJ. Pow
ell, under the firm name of J. Z. Callahan 4
Co., is this day dissolved by mutual consent. }
G. Callahan will continue the business and will
collect all acc UNITS and pay all bills of the late
firm. }. c. CALLAHAN,
s. NJ. POWELL
Dated November 10Th, 1891 1l2l4w
NOTICE OF DISSOLUTION OF CO-PART-
~ NERSIIlP.-To all whom these presents
may concern. Noti.e is hereby given that the
partnership heretofore existing between John
Ennis and John +. Robson, under the firm name
of Ennis Il Robson, is this day dissolved by mn-
tual c: nsent, the said John Ennis retiring from
said business and John +. Robson continuing the
same. He will pay all the Indebtedness and col
Iect all 4ccoInts due said firm.
JOHN ENNIS,
JOHN f. ROBSON.
Dated this End dav of November, A. d. 1891.
list pub Nov. z, 1aal.l
The Livingston enterprise. [volume] (Livingston, Mont.) 1883-1914, 1891-12-05

defend the settlers. Great excitement
exists among the settlers, who fear
raid from Chircolura mountains. Inc
Indian hostiles are moving south.
In a division of her majesty's high
court of Justice before Justice Butt,
there was commenced Tuesday case
which excites much comment. partlc-
ularly in the higher walks of English
life. This case is the application of the
Countess Russell for judicial sepera-
ton from her husband, Earl Russell,
grandson of the great Lord John Russell,
on the ground of cruelty. The troubles
bet ween the earl and his wife have been
public talk for months past.
Harry Martin, the 'Black Pearl" of
Minneapolis, and Ed Phinney, better
known as "Benny" Of Boston, colored
middleweights, fought to finish at the
California Athletic club in San Fran
cisco Monday night for a perse of 800.
The men slugged at close quarters for
the first three rounds, "The PEARL scor-
ing two knock-downs in the first. one
nearly knocking "Benny" out. Benny
retaliated by knocking "rhe PEARL down
in the second. "Benny" seemed deter
mined to make it waiting fight, and at
the end Of the thirteenth honors were
about.even. The pearl was knocked
out in the twenty fifth round.
A special to the New York World from
Boston says the illness of Gen. Butler is
very serious. Every effort has been
made to keep the matter secret, but it
can now be safely said that the gravest
doubts of his recovery are entertained
by those in position to know most
about his condition, some of them assert
that he will never again te able to leave
his house. The general who is lying at
his home in Lowell, took a severe cold ii
few weeks ago. He has been under the
constant care of physicians ever since.
He sits up for while every day and
then he lies down and tries to sleep.
But he gets no better from day to day.
The Livingston enterprise. [volume] (Livingston, Mont.) 1883-1914, 1891-12-05

NOTICE FOR PUBLICATIONS Land Office
~ at Bozeman, Mont, Oct. 81, 1891, Notice Is
hereby given that the following named settler
has filed notice of his intention to make final
proof in support of his claim, and that said proof
will be made before the clerk of the Sixth Judi
cial District court at Livingston, Mont, on De
cember IA, 1891, viz; Peter Melin, H. S: No.
ll,g, for the lots 2, and SW4 Of NEi4 and SEA
Of NWl4, section 4, township 5, south of range
east lie names the following witnesses to
prove his continuous residence upon and cultiva.
ton of said land. viz: George A. Allen, David
NJ, Allen. Gus Nelson, Andrew Nelson, all OF
Livingston, Park county. Montana
f. F. FERRIS, Register.
lst pub. Nov Z, lSSl.)
The Livingston enterprise. [volume] (Livingston, Mont.) 1883-1914, 1891-12-05

Standard. The signs of the times
point to an era of great ana unnsaai
prosperity in the mining regions OF this rs
r...a All the large ore producers OF
Montana are being worked. while never
,.oforo in the history of this state wera
a. many small properties being de-
veloped as now. New mineral districts
have been opened in almost every
oorner of the state; the Oldest proper
ties are growing richer and greater
NTH development. There is no longer
anv doubt in the minds of even the
most skeptical about the permanency
and profit Of quartz mining IN Mon
tana.
The Livingston enterprise. [volume] (Livingston, Mont.) 1883-1914, 1891-12-05
Hoods SarsapariIIa

Is . peculiar medicine. 1t Is carefully prepared
from Sarsaparlla, Dandelion. Mandrake, Dock,
Pipsissewa, Juniper Berries, and other we'll
known and valuable vegetable remedies. by .
peculiar combination. proportion and process,
giving to Hoods Sarsaparilla curative power not
possessed by other medicines. 1t effects remark
able cures where other preparations fail.