The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-11-10
THE GARRISON TOWNSHIP
Decision Of the General Land ONCE
In Favor Of the Railroad
Company.
Case That Has Boon In tho De-
partment for q Number Of
Years.
|Lsyiss Down this Rule In Regard Ia Par.
sllsl Lodss-Pss-smpsioa Eatry
Decision.

ri \ ~ . y - SNA~V SOS~sUS
pf . decision from the general land once a.
Washington In regard TO the ownership Of
bighsy acres Of land In section Is. township
, north. range 10 west, on which shs town
Garrison now stands. Ike b. Sheldon
made . presumption ding or the land
Bspt. II, 1885. alleging settlement Nov. !.
1854. The land IL within the limits Of Shs
kysnt TO tho Northern Pacific - shown By
lhs map Of lshntts location Of IT, ltae Of
koad Alsd July 6. 1882, and also within We
limits Of the withdrawal for The company
bn general souts, which bsssms shessivs
Feb. q, 1879. The records Of ths Land
bfass shsw that Samuel Js6siss lflsd On The
The land Feb. II. 1871, In connection With
! tract dissection ~. alleging settlement
July 10. 1870 Britain E. Craig flsd on
July %, 1871. alleging settlement Feb. u.
ls7l. Frederick Losbsr nlsd on
Apsil 4 1879. alleging settlement
April !. tho same ysaE. Patrick Moan
hrsws filed on II Sept. 10, 1885, alleging set
lemsnt April 10 1888 Ike h. sheldon's
)ntry. ~ already stated, was made Sept.
u, 1886. and settlement was alleged Nov.
!. 1884. Whsn, sheldon gave notice Of in
sntion TO make prs-emption proof. Moan
Ssws gave notice Of contest. The North
Urn Pacific also dlsd q protest against the
lsims Of both Sheldon and MoAndrsws.
Sllesine that at tho date Of the definite To-
atiou Of it, line OF road thsrs Was no sub
isting claim for the land. and thAtn passed
o the company under it, grant.
On March 10. 1887. after a hearing. the
Helena land office decided that. following
-A~hlSnL~l that thn Avtat-
ace OF valid p~rs-emption claims attaching
the time of Withdrawal. Feb. IL 1872,
xcepted the land from the operation Of tbs
rant, IL seems clear that tho land ON.
braced in this claim was cove nmsnt land
nd subject to entry BY tho first legal ap-
~blicant. and this visw Of the esse dispose.
tho protest Of tho Northern Pacific"
was further held that the proofs Of Shell
on should b accepted. AoAndrsvs ap-
bsaled. The railroad COMPANY did rot.
ut IL does not appeal that tho icompnnv
vas notified of tho decision. The cnss was
xamined BY the gene.4l land ONCE Feb.
3, 1891, and IL was held shat tho land was
cute by the subsistinR presumption hlinRs
( Samuel JEFF les and Britain l. Craig.
nj there being ne claim for tho land July
1881, the date OF the definite location OF
he road, the land passed to the company
nder its grant. sheldon appealed but
doAndrews didn't 90 the decision bsoame
nal 90 to him. This left II between shel-
on and the railroad COMPANY.
sheldon fled IN application for . re-
caring. n on July II, 1892, the secretary
{ tho Interior ordered one 10 Determine
he exact condition Of the land at the date
tho definite location Of the lins Of road.
IN the rshsarinR the Helsna land Officers
lain on the land at that time 40 exem ptsd
from the grant, and another appeal to
he general land ofice was had. The tss.
mony showed that MeAndrsws had .
mall log house and some . ncing on tho
Ind July 6. 1882; that he used the land for
asture and ont hay from IL; that no worked
; mining during the SUMMED and returned
b the land during tho winter. but there
- no testimony TO show that hs was a Cit
tsim. for .hs land a. II.
me. His fling alleged sstlsnsn,
pril 10. 1883, subsequent TO The definite
bcation of the lins Of road. Futther tss-
Ions. The only evidences on thai ! oint
az BY sheldon. who stated that Moan.
,sws had not made Any other clAim BY
ntry except for the land involved; and
ertifed copv of MoAndfews' declaration
X intention to become a citizen, made
[pril 10, 1879. The local officers held thai
biz did mot establish the fact that Moan.
revs Vas / citizen Of tho United states o,
ad not then exhausted both his pre-.
,nption and homestead rights. Sheldon
ppealed from this decision, and Commis-
ioner Lamoresux. Of the general land
flee, thus decides the appeal:
The occupation Of this land, July g.
3S2, by MoAndrsws, 10 not positive. The
.ssimony on that point 10 conflicting
ONE Of the Witnesses state shas they think
Q or some one else was living thereon al
nat date. Mo. cover, there IL Med in tn
$50 the OK parte affidavit OF AcAndrews
lade March Is. 1898. before ths elerk o.
be district court for Dear Lodge county
herein hs swenrs that he hes known th'
Ind since 1871, and that no one ever livet
pom it p,ior to 1883; that no remember
istintiy that the land WAS u~noooupied dur
y the year 1882. NO one living upon it
lcAndrewk' occup patton OF the land July 6
s82, upon which sheldon relies to exolud'
from tho grant. 10 not positively show
y tho testimony. neither ara his qualihea'
ons to perfect q claim. If no had \ CLAIM
that date, established. The . plieatioz
I Ike y. Sheldon to make re.empti
ntry on the land 10 accordingly denied
abjeet to appeal within sixty daya"