The Anaconda standard., 1896-03-06
IMPORTANT DECISION.
It Affects Many Preemptions In tn
County-Land Contests.

It Affects Many Preemptions In the
County-Land Contests.
Missoula, March 5.-One of the mos;
| important decisions that has been rem
dered in a long time is now in the
hands of the officials of the local land
| office. II has a bearing upon nearly
every preemption in the Bitter Root
valley and affects several hundred peo-
| pie, whose preemption claims are not
yet ready for final proof. The decision
Is the result of the review of the case
OF Nathan l.. Hyatt, by the commits
sioner OF the general land office. The
case came up under what is known as
the Claggett act.
When the reservation treaty with the
Bitter Root Flatheads was signed. Is
townships were set apart to be sold for
the benefit of the. Indians, and this
special preemption act provided the
methods by which this land could be
taken up by settlers. The surveyor
general was ordered to make a survey
OF 10 townships in the valley. This
survey was begun but was not COM
pleted. Only two townships were en-
tirely surveyed, 13 being partially sur
veyed. Subsequently another survey
was made, which finished the work on
some of these incomplete townships.
The entry of Nathan L. Hyatt was
made on land that was included in this
latter survey and the local land off,
cials allowed proofs to be made under
the special preemption act The general
land Office reversed this decision and
held that only the land covered by the
original survey was affected by the
special preemption act Mr.. Hyatt,
through his attorneys, asked for a re-
view of the case, supporting his petition
by full statement of the facts which
have been outlined above. In the opin-
ion just received at the land Office, the
commissioner reverses the former de-
cision of his office, entering exhaust
lively into a consideration of the case.
The opinion holds further that If all
the land i'm the Bitter Root valley were
surveyed, II would still be less than the
10 townships set apart for the Indians.
Accordingly, all land under recent
surveys is covered by the special pre-
emption act. This affects about IL final
proofs which have been withheld pend
ing the arrival of the decision of the
commissioner Indirectly several hun
dred claims receive benefit.
The long-contested case of c. c. Will
lis VS.. j. S. Merritt, involving the title
to tract of land in the Horse Plains
valley, has been finally decided by an
opinion received from the secretary of
the interior. The case was originally
heard in the Missoula Office and deci-
sion was rendered in favor of Merritt.
II was appealed 10 the general land
office and the decision of the local off,
GERS was reversed. Another appeal was
taken and, as a result of the investiga-
ton of the case by the secretary of the
interior, the decision of the Missoula
office is sustained and the general land
office is reversed. This gives the land
to Merritt.
The hearing of the case in which the
state of Montana is party is progress
ing as rapidly as possible. Yesterday
Mrs. Haskell represented the state and
two cases were heard, those of Isaac
Eddy and Isaac +. Gill To-day Henri
j. Haskell, himself, did the work and
IL required all day to dispose of one
case, that of William Ahren. There are
two more to be heard. those of E. La
jeunesse and Hosea Connick. All these
contests are against selections made in
the lower valley by State Land Agent |
Page.