The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-08-15
LAND OFFICE DECISIONS
A Number Of voFy Important Ooea To.
esivsd In Helena


eslvsd IN nsisAA.
The local land offioo IL 10 receipt OF
numbor OF doeiaiona from Washington.
One was 10 the case Of Frsnk Lewis versus
Henry W. MiIlard. aud involved ths right
OF forty acres Of land neaF Belt. MillaTd
mado timber culture entry on tho land,
which Lewis contested. claiming IL was
mole valuable for coal. The local oillcs 20
held and ordered tho timber eultnfe entry
oanoelled. The general land oflos and tho
secretary OF iho interior sustain this rul-
Ing. lho remarks Of the aecrstaTy on this
point are iatsTeAtinR. lie says
"A careful examination OF tho evidence
shows, BY yery clear rogondeFhnce. that
tho land is very much mora valuable for
coal than for agriculture. No witness for
the claimant, not even the claimant him
aelf. put tho valus OF this forty acres al
over $40 por acre for agricultural purposes.
whllo the testimony shows that net profit
Of $500 has been made from operating two
coal mines on the tract, and that, too, Ia
tho out-ctop without having reached what
ihey all testify 10 DO tho beat OF the coal
deposit.
''rhs evidence taken az a whole. shows
this land to be worth nos lass than three
times az much for coal mining purposes aa
sSa "k'i'uiuios Aho ptluVlphi ihoe toAleu
upon by the claimant, seems 70 be that this
ooal dopoait covers not 10 exceed four aorsa
OF solid coal and twenty aeres OF ont-orop
coal, and would not warrant the oxpendi-
tnre necessary 10 put into operation a large
commsroial mine.
The evidence shows. that taking out the
coal by wagons by the employment OF from
Two 70 nine miners. making nsiRhbOrhooi
sales largely. The profit IL ns atO enaid.
ut does not matter what method OF
operating might be moro pIohinbls II, In
this email way, the operation OF mining on
this land shows lbs value 20 be greater fof
mining than for ne e-ioultural pur poses"
In the case OF the Northern Pacific rail-
road sgainst Edward II. Hsilmtn the SEQ.
retarT of tho interior holds tho lattef's
entry as good against the claim OF the COM
papy fer 1G0 acres In Granite county. near
Stone Station. Tbs land ID within thO rail-
road grant. but al the time OF the flina OF
tho map OF general route Ia 1872, II was Gov
cred by two prs-emption nliDRs Heilman
had setual possession OF ths whole tract at
the time Of thu flling Of tho map OF definite
location in 1882, and Afterwards mado a
homestead entry on H. In holding He'll
mans entry good tho secretary sustsins the
land office.
The case Of the Northern Pacific against
Alex Duval 10 decided by the secretary OF
the interior in favor OF Duval for land nenr
Fulton. Lewis aud Clarke county. A quail
insd p e-smptisn and homestead claimant
was living upon aud cuitivating the land
when the map OF definite location OF the
road was filed. He sold his right, which
was afterward bought by Dovai. The land.
moreover. Ia held TO be outside the limtt OF
the Withdrawal by the road.
Tho general land oilios has ordered the
cancellation OF the entry made BY Paris
Gibson. ii. =. Rofs and +. b. Wilcox on
100 aorss near Great Falls. filed on az a
quarry for building stons. The commits
sioner decides that the land belongs 10 the
state under the act OF admission OF Nov. 8,
1889. The fling vas made Oct. 81. 1859.
but there was no law for such entry till
Aug. T. 1892.
The secretary OF the interior sustains the
laad otfics in holding for cancellation tho
entry OF Jeass Stouer, of Helena. 10 a
homestsad near Ffonch Bar. Ma., 1.
White CONTESTED the entry on the ground of
abandonm ment. II WIS shown that stoner
livsd- in Helena. but occasionally visited
the place vhere ho bad small bouss. He
went out mostly on SUNDAYS and holidays.
The secretary SAYS he is not satisfied that
Stoner established a residence there.