The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-04-05
A Desert Land Contest in the J-ffsr-
son Valley Settled by Sec
Rotary Smith.
Val LaubenheimeI's Ranch Near
Great Falls VIII Go TO
VIM. II. Taylor
within the stipulated Time Worked
a Forfeit.


bav. involving land In Jefferson valley. In
1883 Tebay made desert land entry for tie
g. a Of section three. township one, range
four west and the ~ Of the svl4 Of section
two In the same township. he subse-
qusntly rslinquished that art Of the land
covered by bis entry lying in section two.
Patrick Quinn In 1855 nled a contest Against
the entry. alleging that the land was non
desert in oharsctsr A hearing was held by /
the register and receiver aud those officers /
held that Tire oha'Res were sustained by /
the evidence and recommended that the |
entry b. cancelled. In 1892 the commits |
sioner affirmed the decision of the local |
Office as follows my own examination OF
the case and reading OF the testimony
without knowledge Of the character OF the
witnesses. inolinss mo 10 = didorent oono.u-
sion upon the said question Of fact q. O..
ON that of ths register and reeeiver) bat
this testimony apI ears 10 be so nearly bal
anced and In view Of the advantage which
you had Of seeing and hsA ing the wit
nesses. together With your proximity TO the
land. do not feel at liberty TO reverse your
finding"
Tekay fled q motion for review Of the
decision of the commiss oner. ana on con-
siderstion the commissioners SbroRated his
first finding and held the entry in tact.
thus reversing the local officers. The cass
wss then taken 10 the secretar-. who says:
81 bis second decision was made by your
Office principally upon the grounds that
YOUR office had erred in assuming that the
officers who hesrl the evidence had also
r ndsred the decision; whereas tbs facts
we're that after the hearing and before the
decision Was rendered. a change had been
made in both the Offices OF the receiver and
register. The sole question at issue u;
whether the land 10 ssrt o. non-desert In
chareots I have oarefully considered the
testimony and concur in your Office dscis-
ION that preponderancs thereof shows
thAt the land is OF the character contemE-
late in the desert land act"
The other case 10 that of Valentine Lauben-
heimsr We. VIM. II. Taylor. The land In
vOlVed is In sections IL and %. to. l6 .. 7.
Sc. In the ia of 1891 Laubenheime pur-
chased from John IA. Brand his improve
msnts on and interest in the tract known
! M the "Clsndennen rnnob;" the Improve
ments consisted Of b eaking. fencing.
dwelling houses. sheds. corrals and water
ri9hts being worth at least $1,000. All OF
/ the improvements except the b esking and
/ fencing, are upon land included In nn entry
/ by Taylor. Since the purchase from Brand
the contestant has resided on the land a
/ rart OF the time, and during other portions
house on the land. improving and taking
cHre OF u. Ever since the purshase, and
long prior 10 10, LRubenhsimoT intended 10
enter the and covered by Iaylor's entry,
| of Chm. les w. Nelson. June g. 1892
taylor made homestead entry Of a
tract 100 acres OF which emb aces
,he land which Laubsnheimsr intended to
enter. and would have entered II be had
known Il vas open TO entry. In an am
l. ka
testant alleges that he 'cnme TO Great
Fal sand inquired % several real estate
abstract Offices. aud Ht other plhces, and OF
/ attorneys and persons residing In said town
ship. and had personal friends and othe 5
v ite and telegraph 20 Helena and inquire
~ to whether said section Was open TO
Homestead entry" About June 10 or II he
learned that laylor had on Jane made
homestead entry OF the tract. He a piled
70 = hearing % which to shew that he had
rcquired prior and better right TO the
land. In application the commissioner
denied on the q ound that even II be were
20 prove what he alleged, he could not
the eby establish = right TO the land.
Ltubenheimsr then a pealed for n hearing
Co the secretary, aud tne Fec'e tarY denies
~, saying; sections 2.265 and 22G6
Of IN ftvieed statutes Iroyilt /;
Every ella mant under the pre- emption
Law for land NOS vet = oclained for sails Is
required TO make known his claim, IN writ
ing, TO the register of the p oper land Office
within three months ON the time of set
ement; othe wise his claim shall he for
teited. and tho tract ava ded TO the next
settlef, in order Of time, on the same tract
of land. who had given such notice and
othe wise compiled with the conditions OF
tie law. In regard TO elements which
I are authorized upou uusurvot ed lands. the
7 p Exemption claimant shall IN all cGses DO
requires TO ile his decleratorV statement
F within three months from the Gate OF the
receipt at tn, distriot land office Of the ap-
. rovai pat OF tue township embracing
tuch presumption settlement
The third section OF the ret Of Nav "a
1880, t2i stat, 400, a. p led the same RI
10 cihmAnts undss the homestead law. The
ulat OF survey Of said township was filed ia
the local office some time IA October. le9!
: Tie "a apph cant to enter was layloi
and hs application was properly allowed
lsea Pruitt v. Skeene, II l. d.. 62Jl. Con.
testaut further contends that your office de-
cisIon VS. erroneous. beoause the ACTING
commissioner prfsuues that the plaintiff
had notice OF the time at which the town'
, shiu ulnt Was Med. Your office has in
, structed Abe registers &C tie local Offices 4,
emploF oveiy practically available mean
20 furnish tie public with information Al
20 when the plats ate filed IN the local Ian,
n Office. They are In ali cases specifically
4 directed 20 ost a notice of the fact IN
y couspicuons place in the Office. TO send
A., the vicinity of the land TO b. "con-
s.ieuousy posted" IN bis ones
= the same 10 each clerk OF
= court OF eco d; TO furnish IL to the ''puL
= no Iresa" of tic land district as q matte
!, of new. aud to give such further rub
= licity OF the matter IN answer 10 inquiries
, as they may be uLle 10 DO by letter, fO
. which they are prohibited from chargin,
? any fee. tSee Instructions 20 registers and
. receivers. Oct. p. 1851 l.. q, 202l IL d
- difficult 10 imagine vhnt further measure
. could be taken TO inform the public tina
. the plat Of survey OF tho township has
. een lied. The defsndan. does not Alleg
. that these measures weTe not iakru. IA
" must DO considered as being charged viii
. notice Of the hling 81 the lat Hnd th
y opening OF the land TO entry. For co.
!. reasons herein given YOU office decision
refusing the application for hearing
[ affirmed.
Charles ". Nelson. who claims IN
forty acres included Ia Iaylor's Homestead
p entry that are not claimed by Lauben
y heimsr. has also appealed from youF sal
y afliee dsoision. anu this af1irmsnoe will dis
. pose also Of hia appeal
q PAtsnts Tor Miners.
u The local land offies is in receipt OF pat
D 81 ali asNa