The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-06-21
STATE LAND SELECTIONS.
instruction From the General Land
Office in Regard to the Rights
of Settlers.
The State Has Sixty Days In
Which to Select After
the Opening.
In Case of Contest tho Same Anies VIII
Apply AS in Other Cases OF
Like Character.

The register and receiver Of the local
land Office are In receipt OF a circular 70
spectinr the preference right OF the states
Of North and South Dakota. Montana,
Idaho and Washington, to select lands
under the grants for the period OK sixty
DAVIS after filing Of the township plats. In
tbe act OF March 3 1898. making appro-
priations for sundry civil expenses OF the
government for the fiscal year ending June
&c. 1894, and for other purposes" tho FOL
lowing enactment was made: That the
states OF North Dakota. South Dakota.
Montana, Idaho and Washington shall have
a preference right over any person or cor
poratiou to select lands subject to entry by
said states granted to said states by the act
Of congress approved Feb. ~, 1889, fof q
period of sixty days after LANDS have oeen
surveyed and duly declared to be subject to
seleotion and entry under the general land
laws Of the United States: And provided
further, That such preference rigns snal1
not accrue against bona hde homestead or
pre-emption settlers on any OF said lands At
the date of fling of the plat of survey OF
any township in any local land office OF
said states.
lIniGE Inc lOEonOiuk RAoNio'oAS
following regulations are made for the
guidance of registers and receivers:
Upon the filing of the township plats on
the appointed day. the states named IN the
provision OF law above quoted must be re-
rarded as having a general preference right
10 make selections of the lands subject to
selection by them for the period of sixty
DAYS from the time of such filing, the day
of fling to be excluded in computing said
period.
Il will be observed that the grants named
in the law az the ones under which the
preference right of selection is given are
those made by the act OF February %. 1888,
providing for the admission of North Da-
kots, south Dakota. Montana and Wash
inpson, as states into the union. Ihls act
makes no grant of land to Idaho. How
ever, it was evidently the intention OF con-
crsss to give a preference right to Idaho to
make selections under the act providing for
its admission as a state into the union, APP
proved July 8. 1880, as ia given to the other
states mentioned. and the Law is, therefore,,
30 construed.
During snid period of sixty days 40 per
son, not claiming in virtue of settlement
existing al the date of the filing of the
plats, nor corporation, will be allowed to
inter- the lands subject TO selection by the
respective states; bet the law cannot be
held TO inhibit. during said period, the Sc
lection of and previously granted to a
corporation BY congress, as. for instance.
the granted sections within the primary
limits of q railroad grant.
The BONA fde claims of homestead and
presumption settlers existing at the date
Of filing the plats being protected by the
Law. their claims may be made Of record
during said period Of sixty days in the alb
.-.~ - rkrA. 1oIaokiorn ~ vnonpJ ~ Aha
lands claimed by them, upon OK parte
showings of the applicants, by affidavit of
each applicant, that be or she had made
bona fde settlement prior to the time that
the plats had been fled. A p%re-emptor. to
be entitled to file, will be required to show
bona fde pre-em ption settlement prior to
March 3. 1891, the date Of the repeal OF the
presumption law.
In the eyent that q person makes Rppl1ca-
tion during said period for land already Sc
lected by the state, alleging settlement
thereon existing at the date of the filing Of
the plat of the township. it will become the
duty of the local land offices to older Il
hearing under practice rules to determine
the respective rights OF the parties. And
since the states have q general preference
right to select within said period, officers
will take the same course, in the event that
they present lists of selections and urge
their acceptance as TO tracts already Gov
cred by the actual entries of alleged set
tiers. The states, in such instances. will be
required to attack the entries by affidavit
of their authorized agents, duly corrobor-
ated, denying the existence of bona fde
settlement on the part of the mar
prior to fling Of the plat in each case. OF
alleging that the settlers were not legally
qualified to maks settlement. When ther.
Is a pre-emption filing of record, q selec.
ton Of the land filed Upon may be admit
led subject to the pre-emptor's right, which
must be shown on proof.