The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-03-11
THE PATENT CANCELLED.
Secretary Noble Sets Right the
Marsh Johns Case Before
Leaving Office.
Commissioner Stone Writes to
Have tho Marsh Patent
Taken Away.
1t witt Leave the Parties in tho Position
They Occupied Before 1t Was
Issued to Any Ono.

COMMISSIONER Stone, of the general land
office, has made demand on the Helena
land Office for the return of the patent
issued to George +. Marsh and others on
Feb. Is, last, to mineral land near Helena.
The letter Of the commissioner nj Wash
inpton to the register and receiver of the
Helena office says:
1.-The honorable secretary OF the interior,
under date OF the 2Sth ultimo, has. upon
petition of Messrs. Stockslager and Heard.
attorneys for the protestant. Enoch Johns,
directed ms to call upon the patentees and
attorneys to surrender for cancellation the
patent No. o, 5421, issued Feb. 13. 1898. upon
mineral certificate No. 1881, issued June
Is. 1885, by George +. Marsh ct al,
for their placer claim. your dis
trict, that the parties to the
proceedings may be placed in the same po-
sition that they were before the patent ls-
sued The call has been made upon the
attorneys. Messrs. Burdest. Thompson and
Law, Of this city, by this office, and you
will reques. Of the patentees the surrender
of the patent for cancellation, and in duo
form report"
Tho above is the case in which it was
alleged that injustice had been done by the
general land Office, and which matter was
investigated by Assistant Secretary Chand-
Ter, Of the interior department., at the in
stance Of Secretary Noble. George F.
Marsh and others applied for a mineral
patent for certain lands near Helena. and
the matter was pending in the general land
Office several years. A protest was filed
against the issuance of the patent
by Enoch Johns, through Ex-Commissioner
stockslager OF the land Office. The idea of
Mr.. stocks!aesr was that. in the event the
general and office dismissed the appeal. an
opportunity would be given to make an ap-
peal to Secretary Noble. as is usual in such
cases. Is was claimed that the matter be-
ing in the hands of COMMISSIONS Stone.
he had authority to dismiss il at his own
discretion. 1t is charged that ex-Commis-
sioner Carter. chairman of the republican
national committee appeared on the scene
and influenced Chief Potts, of the mineral
division, to place the matter with Clerh
Yeder. who dismissed 1t on the 18th OF
February. Chief Potter on the same date,
it is clSimed, had the patent issued te
Marsh, which is believed to be out Of the
usual course, as it usually requires severa
months after approval of the case. 1t II
claimed that the object OF this was to pre-
vent appeal to the secretary BY taking th'
matter out of the jurisdiction of the de-
p%artment. and that when Mr.. Stockslage1
was notified Of the dismissal OF his protes
and came to file an appeal he was in.
formed that the claim had been patented
Ex-Commissionsr Stockslager presented hi
appeal to the general land Office. 1t wa
returned. Then he laid the matter befor'
Secretary Noble, with q few remarks on tn
conduct of the officials of the general lant
office. Secretary Noble turned the matte
over to his assistant, and the above lette
Is the result. The cancellation of the pat
ent was the only course possible under tn
circumstances, as the title rests wit
Marsh. If return OF the patent is refused
the matter will go into court on a suit b.
the attorney general for cancellation.