The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-11-15
MONTANA TOWNS,
Decision Of the Land Commissioner
Against Butte Claimants to
Thompson Falls.
Unofficial Opinion on the North
M ern Pacific Claim to Bitter
Root Lands.
A Trout Weighing Eight Pounds Five
Ounces-Convention of Wool Grow
ers at Billings, Now. .I-5.

M1ssoULA, Nov. A~.-[Special. Tho Mis-
soula land Office has received a communion
ton from the commissioner of the general
land office sustaining its decision in the
case Of the United States Va. c. q. Brad
| shaw and others. The case has been one Of
general interest and will probably stand az
o precedent. The contest was over the land
on which the town Of Thompson Fairs ia
located. 100 miles west of this city. The
claimants set up that the land contained
valuable deposits of fire clay, and were
given a hearing in this Office here last Sep
tembor. The decision was adverse to the
claimants. The case WAS appealed on the
grounds Of irrepularity in excluding the
testimony Of witnesses who testified at
Butte and Anaconda. The principal wit
nesses heard there were Marcus DAILY and
Thomas Couch. Referring to this the
opinion of the commissioner says: 'ln
the matter complained of you acted under
instructions from this office. and the error,
if any, was in such instructions and not in
anything You did in conformity Herewith
Then follows a statement showing that the
excluded testimony had been 80 treated by
reason of talegraphio instructions from
Washington, sent for the reason that the
evidence had not been properly presented.
IN referring to the quality of the ground
in controversy "a presented III the evidence
the opinion says: ut ID very evident that
tho claimants can never furnish the proof
required as a basis of their mineral claims
and that any attempt IN their part to make
such proof would be followed by deter
mined and successful opposition" -
Some Of tho settlers in the Bittsr Root
have for some time been considerably wor-
rieu over the condition Of tho titles to their
land, which is claimed by the Northern Pa
cifo as a portion of their grant, A. j.
Hartman, a woll-known land lawyer, has
been interviewed and gives an opinion
which appears to give the settlers II very
strong case; Sin 1886 q treaty was made
with tho Flatheau Indians at He'll Gate.
This was ratified by the United States som
alta in 1859. The treaty provided, among
other things, for tho survey Of the land in
the Bitter Hoot valley above Lolo Fork, ana
IL such land should. after careful examiha~
tion, he deemed by tha president better
fitted for the wants OF tina tribe than the
lands of thu new renovation provided Tor
in tho treaty (the present docko resesva-
tionl they should he set upart as
a separate reservation. Tho survey
was tinAliy made, and in November. lsTl,
the president issued u proclamation stat
ing that tho lands had not been fonnd to-
be better ADAPTED FOR the Flathead tribe.
In a%ccordance with this. congress-. on June
&, 1872, passed III act providing for their
removal. Tho act also provided for another
survey "a public lands, the first survey hay
ing been made M Tint Of nm Indian reaerva-
tiGn and dealing principally with bounds
ries. The act further provided that the
land should be open to settlement. not I'M
der the homestead or pre-. emrtion laws.