The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-03-26
An Important Decision Involving
the Land on Which Garri-
son Now Stands.
II Is Claimed Under Presumption
Entry and by the North
ern Pacific.
Tho Helena OfIice Says this Latter Can't
Have IL and II May 30 Open for
T0wnsitc Purposes.

- wv" ~" ~
Northern Pacific railroad. wan rendered by
Register Swigaett and Receiver Bourquin,
OF the Helena land Office, yesterday. The
decision was made IN a contest between
Isaac b. Sheldon, who claims tho land on a
presumption entry. and tho Northern Pa
ciio. which says IL is within their grant.
The history of the case reoites that Shell
don filed on the land Sept. IA, 1886, al
leoinR settlement Nov. l. 1884, md gave
notice on Nov. ID, 1886. of intention to
submit ANAL proof. Pat McAndrews gave
notice of intention to contest. He alleged
settlement April 10, 1888. and filed his ap-
plication Sept. 10. 1885. Tho land being
within the limits of the grant of the Moth.
ern Pacific. as defined by both
the map Of general route filed Feb.
II. 1879, and the map OF definite
location fled in 1882, the company filed
protest against the claims Of both Sheldon
and McAndrews. The Helena land office
held that valid redemption filings for the
land Feb. 81. 1879. wholly defeated the
%company's claim to the land, and as between
Sheldon and McAndrews held that the psoof
OF Sheldon should be accepted. Tho COM
missioner of the general land office. by de-
oision Of Feb. 25, 1891. held that the pre-
emption filings existing Feb. 81, 1882. were
sufficient to except the land from tho
withdrawal of that date. but were
Intellectual to prevent the grant at
taohinR July 6, 1882. He rejected
the claims Of both Sheldon and Moan
drewa. and hold that the land attached to
the company by virtue Of its grant attach
ing July 6, 1882. Sheldon appealed and
asked for a rehearinR, claiming that he
could prove the land was occupied by a
qualified presumption settler on July 6.
1882. The secretary of the interior ordered
Office here, Feb. % last. The register and
receiver. in their opinion, rendered yester-
"The testimony il somewhat vague and
indefinite. and in some respects conflicting.
We think there is sufficient evidence, taken
in connection with the records of this Office,
20 show that July 6. 1882, the Pat Mo
Andrews before referred to had a claim for
this land sufficient to except it from the
operation Of the grant to the company"
The testimony is reviewed at some length.
and the decision continuing says that when
McAndrews fled his declaratory statements
of intention to pre-empt he filed herewith
an affidavit alleging that on April 10, 1879,
no had filed under a local statute his claim
of possessory right. but did not file his
declaratory statement as he desired to do.
being informed it would not be accepted in
the local office because Of the oompany's
claims to the land under its grant, and that
he had actually resided on the land since
April 10, 1888. There is some evidence 60
ing to show that in 1882 Isaac B. Sheldon
filed q decIaratory statement in the United
States land office at Miles City.
The railroad company filed a number Of
efiidsyits. among them one BY McAndrews
land prior to 1898. The Helena land Office
officials. in their decision, say this affidavit
in no wise affects the conclusions they or.
rive at from the records and the evidence.
which are that on July G. 1882, MoAndrews
had a claim to the land, though not resid-
ing on 1t. sufficient to except it from the
grant. He had partially, if not wholly
fenced it, and had a cabin or house on it.
lie had gone there several years before with
intent to claim the land, as evidenced by
his affidavit filed with his declaratory state
ment that in 1879 he filed his claims of
living there in 1882, not that he was not
claiming it. nor that he was not living on
the remainder of the land he claimed in
the same section.
The decision goes on to say: "Possession
and occupancy. with the intent to claim
the land under the settlement laws, though
not coupled with residence, or the date
when the company's right under its grant
would otherwise attach, suffice to except
the land from the operation of the grant.
There Is some evidence tending to show
Sheldon had filed a declaratory statement
prior to that for this land at the United
states land office in Miles City. There is
also in evidence the existence of business
houses, railway depot. postof1lce and dwell
ings upon this land, but whether upon The
railroad right of way, al intimated in the
commissioner . decision, formerly rendered,
does not clearly appear. But even were ii
proved Sheldon had exhausted his right
under the presumption laws, and that the
land was used for purposes of trade and
business prior to his settlement, it could
not affect tho conclusion at which We ar
rive in this case, that the land was excepted
from the grant to the company. But these
are matters in which the government and
the 100 people constituting the town of
Garrison are interested. for if either of
these facts exist those people are now i'll a
position to enter the land under the laws
relating to townsites on tho public domain,
and the truth should be determined before
Sheldon's proof be accepted or tnal entry
thereon made"
The land embraces eighty acres where the
town of Garrison stands. and Is officially
described as the south half of the north
east quarter of section twenty -four, town
ship nine north of range ten west.
Fresh German carp and slad arriving
daily at the Central Meat Market.