The Black Hills union. [volume] (Rapid City, Pennington County, Dakota [S.D.]) 1889-1904, 1892-02-19

a8pufa, #Hte heki b SWh0iesa use next
morning gfss Wholesale hSusSe placed
|ffstcn5th e list and Decentralization
plant second and each MISUNDERSTANDING
side biintagand aquilits that theseditoris
iii possessionsoi facts, whicl, il not yet
to be giysrsto the public, that willstartles
the whole country %: winds mp Witllan
interview with some EASTERN MoNEYED
MAN. go
Now nothing Isl more communicable
and proper than conservative writeup
by papers, Of their own Town, at inter
walls. But when a paper haslics the
ann article up Ion two or three, months
turning it up side down, side ways and
cross ways, under the name Of boom ar
ticles, it gets to be sickening, andinstead
of helping a. town it holds it up to public
rldicule, and becomes an absolute dam
age
OIJoey, Joey, for tile sake Of your
reputation as a news paper man and a
soldier, let up.
feET IL OfA0T snFIsFas
Arguments Heard In Washington Over
the Lalmb-Tompkins Case.
This celebrated case is now attracting
considerable attention all overthestate.
Saturdays UNION contained an intima-
ton received from a private source, to
the effect that Hon. NJ. III. Day was in.
Washington looking after his interests
in it. The Sioux City Journals Wash
lngton correspondent has this to say
about the matter:
Lamb and Tompklns made applica-
ton to enter this land under the mining
laws, and this application was rejected
at the local land office but allowed by
the commissioner. The state Of South.
Dakota had the prior claim on the land
for school purposes, and contested the
right OF TIE entrymen to make entry.
This was PRIOR to the admissionofSout
Dakota to statehood, and at IL time
when the land had been reserved by tile
government Tor school purposes, but
the territory not hayIng been admitted
to statehood, the state acknowledgement
i riitt,s.
Judge Goodykoontz, Of Chamberlain,
tapl!ColSS civ EIf1. i LAY
appeared i'll the hearing today for the
entryman. In his argument before As
sistant Attorney Shields Judge Goody-
koontz stated that the declatory state
ment and application to purchase made
by Lamb and Tompkins were not made
by them prior to the application for
entry; that the application to purchase
stated that it was Tor their exclusive use
and benefit and not direct or Indirectly
for the benefit OF any other PERSONS;
whereas the evidence shows that NJ. HI.
Day had a written contract with the
claimants providing for q share IN the
land, in consideration OF which he was
to furnish all the money necessary for.
prospecting. The law OF The state for
babe any such contract OF sharing with
others and the application states that
no such contract exists. He added that
coal had not yet been discovered in such
quantities as to make the land more
valuable for mineral than agricultural
Or town site purposes, and that the
department has repeatedly held that the
proof OF mineral character OF the land
must be based upon the actual produc-
ton OF mineral on the tract involved,
and that the mineral must exist in sui
ticient quantities TO make it valuable
Tor mining and mineral purposes.
MIR. Day, in his presentation for the
entrymen, aidthat the mere sinking Of
a hole and the finding of coal was all
that was required in order to complete
the requirments OF the enjoyment who
make entries upon the mineral lands,
and that this application was made
prior to the admission OF the state, con-
s%equentiy the state at the time was not
Il party in interest.
Assistant Attorney Shields will not
render a decision upon the contest until
the expiration OF the time-ten days
allowed for the filing of Il brief by Mr..
ffAay. A great deal OF interest Is shown
in this case throughout the state Of
South Dakota, as it involves nearly
100000 worth OF property which may
be taken from South Dakota.
Quite q number OF residents Of the
state nowm the city were presenttoduy,
among them Mai. Ruth, COMMISSIONS
OF schools and public lands. 1t was the
intention OF Gov. Mellette to appear at
the hearing in the interest OF the state
but he arranged to have the state rep
resented by Judge ~Goodykoontz. 1t is
the opinion OF officers in the interior de-
dartment who will not pass upon the
case, but who understood its merits and
also OF a number OF South Dakotans
here, that the state must win the case.