The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-05-04
It INVOLVES SECTION II.
Deoision Of the General Land Otice
in Regard to a Valuable
Tract of Land.
A Firht Which Began in 1868 and
Many Helena People Are
Interested.
NJ yamereux Saws Neither III. NJ. Blais-
doll. IL. r.. Piatt OF Mary Jackman
Have Any Title.

The local land office is in receipt OF = de-
cision by the commissioner OF the geneta'
land office, involving valuable land near
the Northern Pacific depot, and which has
mounted the attention of the land officials
more or less, for a number OF years. Inc
title of the case is Hiram NJ. BlaisdeAl ".
Samuel NJ. Meadows. B. +. Piatt. Mary 4.
Jaokman. Eli w. MoNeal. and the Northern
Pacific railroad. Involving the n 4, " sea,
ewA and NV a Sc a of section II. tip 10 II
8 ". The first filing was made on
the section in 1868 by VIM. NJ. Scott. Then
there we're various other entrymen ano
claimants, including jerome v. Click, II.
G. Wallace. II. G. Raul. Harry Il. Comfy
George b. Fcote, Ell w. MoNeal. A. u.
Beattie, Hiram M. Blaisdell. Samuel M.
Meadows. After giving the history OF tns
various contests and relinQuishments. the
decision takes up the case as 1t stood on
Nav 20. 1890. and says:
On Nav 20, 1890. Hiram NJ. Blaisdell.
(vho had Appealed as witness for MEADOWS
At the hearing held in 1889. in the case OF
the latter's application to ente. tne seq
svh Of said section). made application at
the local office to make homestead entry for
the nh sw4, se1 sw4. and nw4 sea OF
section II, tp. 10 n, +. 3 W.. alleging that he
was a citizen of the United States and a
qualified presumption and homestead claim
ant. His application was rejected BY the
local officers for the reason that the M
svh and sell swA was covered by list
No. II OF railroad selections: the ma sea
b7 homestead entry No. ). 7s9. BY Eli ".
EcNeal, and the seA sw4 by Samuel NJ.
Neadows' homestead application. Within
The time allowed him for appeal. Blaisdell
fled in the local ofioo an affidavit OF CON
MoNeal, and the Northern Pacific Railroad
company, alleging that he made settlements
on the said land in 1874, as a homestead;
that hs placed Improvements thereon to the
value of 5000; that he was the hrst settler
on tho land, and that Meadows and Mo
Neal subsequently, settled on the land with
notice and a full knowledge OF his
that be had never abandoned his claim and
vas still occupying it. with the exception
of that portion occupied by Meadows and
MoNeal; thai his residence on the land had
been continuous since 1874. being absent
therefrom only for the purpose Of making
fully complied with the homestead Law;
that in 1874 no applied at the local office to
make homestead entry for the land, but
was refused; that supposinR the railroad
company had a right to the land. having
publicly offered to sell the same. he &C
cepted the offer April 10, 1882. in writing
and offered TO pay the company for the
company threatened to eject him from the
same. and on Dec. 8. 1884. he brought suit
TO compel il to receive the money and ISSUE
him q deed for the land, which suit wa
then pending in the United States distrie
court for Montana; that on May 20. 1880
t--I- classification kn nnfoF HI
land; but was refused; and he asked for {
hearing that he might have an opportunity
to prove the truth Of the said allegations
This application, the local officers state IL
their letter transmitting the same. was re-
jected. but there is no note of the rejection
upon the papers in the case.
Prior to tho filing OF Blaisdelps
affidavit of contest, which was June 4, 1890,
one Benjamin i. Piatt made application Al
ths local office to-wit. May 20. 1890. tc
make homestead entry for the n1a swA OF
said section which was rejected the sam
day. and Piatt appealed to this office. al
leging that there WAS d valid claim sub
Hiram M. Blaisdell, which excepted it from
the grant to the company; that the SAM
having been abandoned by Blaisdell, al
shown by the joint affidavit of Charlie
Lehman, W. A. kumsey and Fred l.. King
filed by him, his said application shoult
have been allowed, and he asked that
hearing be ordered for the purpose Of as
certalning the status of the said land.
May %. 1890. Mary E. Jackman filed il
the loccl office an affidavit of contest egains
the Northern Pacific Railroad COMPANY, TO
the nA sw4 of said section, which was de
MED for the reason that Hiram M. Blais
dell had applied for the same land, and tn
time allowed him for appeal had not the.
expired, from which she appealed to thi
Office. alleging that the land was excepted
from the grant to the mpan by tn
claim of Hiram M. Blaisdell: and sh
asked that q hearing be ordered for the pul
pose of ascertaininR the truth of her al
legations.
On April 9, 1892, the respectiv
in question, were examined by this office
and it appearing that BlaisdelFs claim cor
f1icted with railroad company's selection lii
No. II, a. to u = sW a and Sc a sw 7
with Meadows application as to Sc a sw Z
with McNeaPs ENTITY as to NV Sc a; wit
Benjamin f. Piatt's application as to n
~ a, and Mary Il. JsckmRn's claim as
said II n sw a. and that these parties wit
the exception of McNeal, relied on Biai
&slPs settlement to except the land fro.
she railroad grant. the local officers we,
directed TO order a hearing for the putpoI
of ascertaining the true status of the lar
Involved. Feb. q, 1872, and July 6, 1882.
Hearing was set for May "a, 1892, at Il
local Office, at which time the parties
interest appeared. and on that and subs
quent days submitted their testimony.
Upon the testimony submitted the 10,
officers held that the n a sw a remained
the company; the NV Sc Il SO "A sw
was excepted from lis grant; that n
Meals entry for the NV a sc "a reme
intact; that Meadows be permitted to 6
ter the sc Afsw 4; and the applications
Blaisdell, Piatt and Jackman be reject
From that decision the railroad compal
Hiram M. Blaisdell and Benjamin +. Pts
appealed to this office.
II appears from the records of t
Office, as stated at the outset, 81
the NV a sell and se 4 sw q Of g.
section II, were covered Feb. q. 1872.
the prima facie valid and subsisting y
emrtion filings of Jerome V. Click, Rob
c. Wallace and Henry c. RAUL and I'm,
she ruling OF the department excepted
same from the withdrawal upon gene
route.
The ma sw4 of said section II, appe
10 have been filed for Got. 8, 1863, by
William M. Scott, which the records st
was an er or, az scott amended his fiji
Oct. 70, 1863, and omitted the said tr,
30 that the ma sw4 appears to havs b
free from all claim Feb. q, 1872, and, c
seQuentiy was included in the withdra,
OF that date upon general route. Will
M. Scott. his wife, and one GsorRe
tory, swear that he abandoned the Il