Omaha daily bee., 1895-10-01
LAND GOES TO THE SETTLER.
Decision of Interest TO the People of
Fort Pierre,

Secretary OF the Interior Smith has rendered
decision reversing the decision Of the com
missioner iof the general land office in the
case of Richard W. Mathleson mayor Of Fort
Pierre, SD,asalnst Charles + s. Tempn. The
commissioners decision. which was rendered
December 21, 1898, held in favor of the city,
but the secretary in reversing the commits
sioner's decision dismisses the contest and de-
clares the entry Of Templin to be held intact.
The tracts involved in this controversy are
lots and of section "a, township 8 north,
range 81 east, Black Hills meridian, Pierre
land district. These lots are in the north one
half OF the southwest quarter Of section "a
and are made fractional by reason of the
meandoring of the Missouri river on the
east and what is known as the mile square"
on the north, which was set apart for town
site purposes by section 90 of an act of con-
gress approved March 3. 1891. Tcmplln
made his homestead entry of the land August
10, 1891. On July 16, 1892, Mayor Mathie-
son Of Fort Pierre filed an affidavit of con-
test against the entry. alleging at the time of
entry and prior thereto the land was EN-
braced in the corporate limits Of Fort Pierre
that there were municipal improvements on
it; that Templin had knowledge of these
facts; that his entry was fraudulent and
colusve, and made for the purpose of Sc
curing title to the land for others, and that
he as mayor was authorized to secure the
land for the benefit of the occupants thereof
Mayor Matheson also presented his declara-
tory statement for the entry of said land for
townsie purposes under United States
statutes, alleging that the land was contiguous
to the city of Fort Pierre and included with
in the corporate limits thereto, the same hav-
ing been surveyed and plotted into blocks,
lots, streets and alleys, and together with
that which the city now has title to Is not
in excess of the area to which said city
might claim right to; that improvements had
been made for municipal purposes by grad
ing streets and erecting buildings thereon,
and that the entry Is made for the several
use and benefit of the occupants of said land
according to their respective interests.
The case was first taken before the local
land Office and as result dissenting opinions
were filed, that it came to the land Office
for decision. The registers decision was in
favor Of the city, holding that the tract hav-
ing been under the municipal government of
Fort Pierre at the time Tempn made his
entry, the same was invalid and should be
cancelled" The receiver, however, found
that Templn, the claimant, having made
settlement upon the land before Fort Pierre
was incorporated, and being the only actual
bona ide resident that has ever been upon the
land, believe his claim in equity and justice
to be superior to that of Fort Pierre, and
recommend that the contest be dismissed"
In deciding the case Secretary Smith prac-
tcally sustains the decision of the receiver of
in this case is one of the most voluminous
that has been rendered for some time. The
entire history of the case is recited, which,
together with the text of the seCretary's de-
cison. constitutes twenty-five typewriter
pages.
The secretary says he does not think the
charge of collusion is sustained In fact. the
contestant, upon whom rests the burden of
proof, did not offer any testimony on this
point in the case in chief. That which he
Hnn wa in OH l1 of tba rpSi-
tive denial by both the entryman and the
person with whom the conniving was
charged. The secretary gives at length
the history of the townsite. the history of
Templin's connection with II being given also.
1t appears that he built house on the three
lots that he purchased and otherwise i'm
proved them, and established his residence
there is the latter part of April, 1890. and
has continued to live there with his family
ever since, having put some $1,000 worth of
improvements on the tract. An interesting
incident in this case is brought out by the
statement of the facts 1t seems that when
the application to enter this part of the town
as the South Side addition to Fort Pierre
was rejectedcby the local officers June 26.
1891. those who were interested in the land
of the so-called town company began to de-
wise mesAsSy which they could secure title
show W. was vs. orgna !snang 5f
made OF an understanding had by which
Templin was to homestead the land and
commute it to cash entry, and deed it to the
parties according to their several interests
On examination, however, he found that he
could not make the entry as suggested with
out committing perjury, and he then con-
cluded That he would take up the land in
his own name as a homestead, which he did
on August IS. There is an attempt to show
that Immediately after this entry was made
and on the same day he promised these par
ties to carry out the original agreement but
the secretary says he does not think the
testimony is sufficient to warrant such con-
cuslOn. The secretary also says that he does
not think there is any testimony in the case
that shows that the town of Fort Pierre ever
extended its jurisdiction over the land in
controversy.
This being true" he says, "and there
being no other residents upon the tract, it
would seem as if the land was subject to the
entry Of Templin. He certainly was main
tanning his residence thereon at that time in
good faith"
The secretary says that It seems to him
That this contest preceding an application
to enter this land on behalf of the mayor
was not made in good faith or from an
honest desire to acquire additional territory
for the city, as 1t is shown by an agreement
made between the officers of the city and
the former claimant of lots on the land in
controversy that the latter paid all the eX-
penses Of this contest and that the city was
put to no cost therefor whatever There is
no apparent necessity for additional territory
at Fort Pierre. The tract was not embraced
within the limits Of the townsite. and there
was no actual settlement on the land for
townsite purposes.
In concluding the secretary saws. "It is
not the intent of the law to withhold from
settlement and entry such lands as indi-
Vlduas might designate. or select without
authority as the site for a probable or pros