The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1899-12-29

that they were not made for the bene-
lit of Mrs STRAIN and that she had
not made the improvements that were
made thereon, The Duluth land Of
licerS held in favor of the scrip loca-
tions, but on appeal the commission
er of the general land office, although
confirming most of the findings of the
findings of fact of the local land Of
ticers. held the scrip locations invalid
mainly because the half-breed had not
been personally on the land. and be-
cause the improvements were not
made 10y herself or under her personal
supervision, but also held that neither
Hyde or Mcdonald ftd any right or
claim to the land because their pre-
emption filings had not been made in
good faith, but had been made pur-
suant to fraudulent ond corrupt
contract for speculative purposes.
On further appeal to the secretary
Of the interior, the decision Of the
commissioner of the general land Of
flee was affirmed. The secretary also
found that the scrip locations were
not valid because the half breed had
executed two powers of attorney, one
to locate and the others to sell, which
he held to be in contravention of the
law which prohibited the assignment
OF the scrip, and the secretary finally
ordered the lands thrown open for
public entry, which resulted in the
scramble for priority had in the land
Office at Duluth on Feb. %, 1889. and
gave rise to a large amount of litiga-
ton between the various claimants
to the property subsequent to that
time, in none of which proceedings
have the original scripees or those
claiming under them participated.
Finally patent was issued upon the
subsequent location to Frank Hicks
from whom, through mesne convey
ances the plaintiff claimed the prop
erty and all of the parties claiming
the property had full knowledge of
tie prior transactions by which The
scrip claimants claimed their rights
had attached to the land.
Judge MOer decides i'll favor of the
original claimants and holds, as the
department of the interior has here
tofore held. that the half breed had a
right to act through an attorney in
ract in locating the land and that the
location thus made.Was valid, regard
Tess of any power of attorney or con-
5ract to sell the land made before the
location, and that the law contained
no provision against the alienation of
the land itself. but merely prohibited
the assignment of the scrip SO as not
20 involve the government in litiga-
tion and conflict over the holders of
the scrip. and that the matter Of I'M
prOvements on unsurveyed lands was
only for the purpose of notice, and
that it appears in the case that they
were sufficient for such purpose and
after the lands were surveyed the
scrip was adjusted to he land by the
local land officers Of Duluth No i'm
provements were required under the
act in case OF unsurveyed lands. He
holds that the secretary Of the inter
iOr misc0nstrucLed the law in deter.
mining chat the scrip locations were
invalid, or that the operation Of the
powers OF attorney was such as in any
wise to affect the validity of the loca-
tion and that the transaction was
valid.
The case will doubtless be appealed
to the higher courts, but there have
| been many in Duluth, both in the
legal fraternity and among laYmer
who are more or less familiar with
land Office proceedings Who have al
ways asserted that when final contest
came between the scrip locations anC
those claiming the land by subsequent
proceedings. the scrip locations WoulC
be sustained by the court. 1t is
claimed that there isa strong equity
in favor Of these locations. The par
tses went into the wilderness. discov
cred these lands which they have be-
lieved to be valuable and made salts
factory arrangements with the half
breed for the acquisition of the lane
by her The disposition Of the lands
was entirely satisfactory to her as
shown by her subsequently executed
deed, and it does not appear why the
government was in any manner inter
ested in the matter as it had contract.
ed to allow any lands of this class tc
be taken under and in satisfaction OF
the scrip.-Herald.
Land Office Business.