The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-05-04
ABSOLUTELY PURE

in .he fall Of 1869. His fling as amended
by him covered no MART Of the tract in
question Feb. p. 1872, and he denies, In
his testimony, having any claim for the
land at that date.
The testimony also shows that Hiram NJ.
Blaisdell was claiming July &, 1857. the ma
sw14, sell sw14, and nwl seA of section II
the land in Queation-that he made settle
ment thereon in 1874. built a house twenty
by thirty feet on the nw4 sw14. dug a we'll.
built corral. a stable. root house, hon house.
and fenced in from two to three acres Tor q
garden, and out two short bitches for frri-
eating purposes. His residences on the Land
/ was not continuous. but he continued
to claim the Ian during his absence there.
from. He WAS q citizen OF the United
States and a qualified homeste ad N
1t appears that. On April 10. 1852. Blnis-
| dell under a Misrepresentation OF his rights,
| and his anxiety to secure title to the land.
railroad company. and that his attorney,
under . mistaken ooncl usion OF law.
brought suit against the COMPANY 20 com
pol a conveyance of the land. which suit
his client subsequently directed him to
dismiss.
The weight Of testimony. however. shows
that Blaisdsll WAS Ut on tho LAM with his
family July s. 1889. claiming the same. ana
that he was qualified to assert q claim
under tina settlement laws. am. there
fore. of the opinion that ne had sucn q
claim at that date as excepted the SEA sw4
and nw4 sell O. said section II. from the
grant to the company.
The nv sw4 Of said section. claimed by
Blaisdsll. being embraced in the with
drawal of Feb. u, 1872, upon general route,
and not excepted thersfrom. will remain to
the company under its grant.
Notwithstanding the fact that Blaisdell
settled on the lane In 1874. he did not ten :
der q formal application for ths same until
1890. He went to the local offices In 1874
and informed the officers that he wished
to file for the land. and was told that they
were not allowed to admit filings for it.
Before Blaisdell made his application to
enter, ELI w. McNeal had contested min
eral application No. 915, by Alexander
Beattie ct al. and secured it's cancellation
and made homestead entry No. 3.789, for
tho nw4 sell with other tracts in said SEQ
ton. II does not appear that B!aisdell
made any protest against McNeal's entry.
or that McNeal had any notice of Blaisdelrs
claim.
Before Blaisdell applied to enter in 1890.
Samuel M. Meadows had contested the SELL
sw4 of said section, and secured a decision
in his favor at the local office. Blaisdell.
il appears, was o witness FOX Meadows in
said contest.
At the time these contests were initiated
Blalsdell had made no application for the
land; years before he had settled upon and
claimed all of the land now in contest, but
had taken no steps to secure title thereto
under the settlement laws; he was. there
| fore, in . condition to forfeit his rights to
the next legal applicant.
Eli w. MoNeal's entry for the nw4 se14
of said section will accordingly remain in
tact; Samuel M. Meadows will be permitted
: : to make homestead entry for the se4 sw4;
/ the VIZ nw4 will remain to the company
| under its grant; and list No. II, of selections
by the company. will be Cancelled to the
extent OF. the SEA sw14; and Blaisdell's,
Piatt's and Jackman's applications will
stand rejected, subject to appeal within
sixty days.