The Livingston enterprise. [volume] (Livingston, Mont.) 1883-1914, 1891-07-04
Status of Fort Ellis Reservation.


the local land office are in receipt of a
letter from Assistant Commissioner
Stone, Of the general land office, affirm
cation of L. H. Carey to file upon GER
ervation. As many Of our readers are
interested in this matter we publish
herewith a synopsis of the letter
Mr.. Carey had offered his filing at the
land Office, taking the ground that the
tract was exempt from reservation for
the reason that settlement had been
made thereon, prior to such reservation,
by one Duncan Macarthur, in 1864. The
honorable commissioner holds that only
the original settler can proceed to per-
feet his title to said land and says:
''That any settler who was in actual
occupation of any portion of such reser-
walton prior to the location thereof, or
settled thereon prior to Jan. 1st, 1884, in
good faith, for the purpose Of securing
home and of entering the same, and
has continued in such occupation to the
present time, and is by law entitled to
make homestead entry, shall be enti-
tied to enter the land SO occupied, not
exceeding 100 acres.' He also says that
| ''as Carey does not claim personal Occu
patton Of the lands prior to the location
Of the reservation or prior to Jan. 1st,
1884, he cannot come within the law
above referred to, and his application
was properly rejected"
Mr.. Carey still has right to appeal
to the secretary of the interior, but it is
not likely he will do so.
We are at loss to know why the
state has not made it's selections upon
the Fort Ellis reservation as provided in
the act of Feb. Ii, 1891. The selections
have been made from other reservations
and surveys ordered It may, however,
be the intention to allow this to go by
default and have it all thrown open to
homestead entry. If, on the other hand.
the selections are to be made, would it
not be we'll for some of our influential
democrats to bring the proper influence
to bear upon the governor and have
such selections made this summer, SO
that the survey could be made and the
remainder thrown open for settlement
the coming fall.
Real Estate and Mining Transfers.
Thomas E. Goodwin to James F. Wit
itch, lots "a, 25 and 26, block 36, Living
ston; S4O5.
John F. Curl to Ralph w. Cavanaugh,
e-fourth interest in the Henderson
lode, New World district; 500.
H. j. Griffin to William Miles ct al,
lot Is, block lib, Livingston; $500.
Frank w. Howard to Lester NJ. How
ard, land and water right near Melville;
consideration nominal.
Fred j. McAllister to Frank w. How
ard, four-ninths interest in land, irrigat-
ing bitches and water right, near Mel
Vile; $1,000.
United States to Lester M. Howard,
west half of northwest quarter and west
half of southwest quarter, section "a,
township 4, south Of range IA east; l6O
acres.
Lester M. Howard to P. J. McAllister,
fOur-ninths interest in northwest quar-
ter of section "a and southwest quarter
section "a and northwest quarter sec
ton "a, township 4, north of range IA
east; 48O acres; $4,000
Joseph Wells to Robert Newmayer,
one fourth interest in Crocongena quartz
and the Lottie lode, Boulder district;
$500.
John Uhl and wife to Gabriel Pichler,
one-eighth interest in the PatTia quartz
lode, Boulder district; 500.
John B. Fellows ct ux to Lorraine G.
Phelps, lots 13 and IA, block n, River
side addition to Livingston; S1GO.
Mrs. Jeanette Sperling to Charles II.
Eaton, one-fourth interest in the Re
venge quartz lode, New World district;
$500.
Northern Pacific R. r. Co. to Jerry
Haley. lot 8, block 112, Livingston;
s23S.5O.
United States to Frederick ID. Rose,
section II, township l, north of range9
east; GAO acres.