Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1898-10-01
pcclslon Favor, uom..t ndcrs.

SPRING
Decision Favor, HONEST 'adrrs.
Chamberlain, Sept. 26.-Anothef
! chapter has been written I'm the cele-
DRAFTED case of the North Chamberlain
Town Site company against Eliza
Reynolds and Henry j. King, home
steaders, involving valuable land WIN
i'm a stones throw Of the business por-
ton of Chamberlain. The land was,
after n prolonged struggle, awarded
to the two homesteaders by the Secre-
tary Of the interior, and they were
permitted TO make entry of the land at
the local United States land Office.
On April 10 last Mrs. Reynolds, after
publishing a notice AK required by law,
submitted final proof before the local
| officers. The townsiters appeared by
attorney, protested against the accept.
ance Of the proof, and were permitted
to cross examine the claimant and her
witnesses. When King submitted final
proof on April 22 the townsiters took
similar action. They also made appli-
cation for q hearing in the event that
the final proofs were not rejected. The
local land officers approved the final
proofs, aud set "a date for "a hearing as
| applied for by the townsicrs, who sud
lenly changed front and appealed
from the action Of the local officers in
granting u hearing as requested by
them.
The commissioners Of the general
land Office has just disposed of this
appeal, and thereby added another
,haptcr TO the case. In referring to
the allegation that the contested land
s within the city limits he makes an
important ruling, holding that in
IsmuCh as the mere inclusion Of pub
Tic lard within corporate limits does
not, ipso factO, exclude il from the
homestead entry, the question Of the
caIidity of said legislative act extend
ng the city limits TO include the land
in controversy is not regarded as af-
fccting the issues presented i'm this
ase. The single fact that the city of
Chamberlain was founded on private
land is n perpetual bar to it's making
IN additional townsite entry, n no
consideration of population, or con
tiguity to land so applied for, could
eve confer such right upon said city"
The date set for the hearing is held TO
have been not earlier than Justice re-
CURED" The commissioner further
holds that the order for the hearing
was in~tcrlocutOry, and not apealable.
The townsite claimants, many of
whom reside upon the contested land.
and have comfortable homes there,
profess 10 he encouraged by the de-
rision Of the commissioner, but their
encouragement is bascless in view OF
he fact that the commissioner decides
that every suggestion Of law or fact
urged against the validity Of Kings
original entry has been determined in
his favor. Consequently, the protest
ants had no rightful interest in the
subject matter and were not entitled
to cross examine the claimant and his
final proof witnesses; and YOU the
local oflicers) would have been war
i'm dismissing the protest in the
first instance" The action of the local
officers in accepting the final proofs
and issuing final receipts is strongly
approved.
IL is probable that, beyond delaying
the issuance Of patents ~(titles) TO the
homestcaderS until the secretary of
the interior passes upon the appeal of
the protestants, no benefit will accrue
10 the tOwnSitcrs.