The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-11-14
BUTTE NEWS.
UNITED STATES COURT
Graham Brings Suit Against the
United States.
LAND NEAR GREAT FALLS
It Is Situated Between thu Sun River
and the City-Valued at $780,
OoO-Failed to Make the
Reward.
LAND NEAR GREAT FALLS

nitude was filed yesterday in the United
States court by James Graham of Great
Falls through his attorney, G. M. Bour-
quin of this city. The suit is against
\ the United States and it involves 16O
acres of land lying between the Sun
River crossing of the Great Northern
railway and the city of Great Falls, and
it is valued at 100000. The allegation
+ is that the land office of the United
8 States failed to make the reward to
Graham after the latter had met all the
requirements as provided by the stat
utes governing such cases. There is
suit pending in the district court of
Great Falls over the same land, in
which the townsite company of the city
Is the defendant and Graham plaintiff.
A couple of weeks ago the defendant
demurred and Judge Leslie overruled.
This suit is for the possession of the
land. The latest action filed yester-
day, is for the value Of the land,
100000.
In his petition the plaintiff sets forth
his causes Of action in the following
allegations:
That by section 2 Of an act Of con-
gressA approved May IA, 1880, and en-
titled FAN act for the relief of settlers
and regulations hereunder of the sec
rotary Of the interior department the
United States offered to any one who
would furnish proof, pay the costs and
fees and secure the avoidance or cam
collation. Of any fraudulent or invalid
contract for the purchase of public
lands a reward consisting OF the right
for 30 days after notice to purchaser to
enter the land so released.
Proceeding, the petitioner alleges that
on Oct, IT,, 1888, Archibald c.. Campbell
applied to the officers of the United
States land office at Helena to enter
into a contract with the United States
to purchase the southeast quarter OF
section 10, township 20 north of range
8 east, and represented to said officers
that he had performed all the condi-
tions precedent to such purchase pre-
scribed by the statute governing the
purchase of public lands by pre-emp-
tion settlers, and thereupon said off
GERS accepted the application. Now it
is alleged that Campbell had not per-
formed the conditions prescribed by the
statute and that he had not resided
upon said land, nor improved 1t or Gull
tivated it in good faith for the pur-
pose of a farm; that he did not seek
title to it for his own benefit. but for
the purpose of speculation and for the
use and benefit of other persons and be-
cause thereof the contract was fraudu-
lent and invalid.
Petitioner alleges that in May, 1887,
he filed in the land Office an offer to
contest or prosecute an action against
said contract and prove its fraudulent
character to secure it's avoidance, alleg-
ing that the contract was fraudulent,
accompanying said offer with an offer
to pay all costs and expenses and fees
of the contest and asking in considera-
ton thereof the reward promised to
successful contestant by the acs of con-
gress above mentioned and thereafter,
on Aug. 10, 1887. the commissioner of
the general land Office accepted said
offer and for and on behalf of the
United States promised the petitioner,
if he proved the invalidity of said con-
tract, and secured the avoidance of can
collation. of said contract in such con-
test that he the petitioner, should have
said reward and could purchase or enter
said land.
The said contest proceeded in the
usual manner, and on Feb. 25. 1891, a
Judgment was duly given by the COM
missioner, it is alleged, adjudging that
the contract of the said Campbell was
procured to be made by fraud practiced
by Campbell upon the United States
and was invalid and void and cancelled
the same.
The petitioner says that he duly per-
formed all the conditions precedent to
his contract win the Onlleu states
for the said reward and procured and
submitted the evidence to prove said
contract to purchase of Campbell was
fraudulent. And that the said reward,
consisting of said land as aforesaid, was
on Feb. e5, 1891, and at all times since
Of the reasonable value Of 100000. That
no notice was issued of the avoidance
of Compbell's contract, as required, and
the United States, by it's officers and
agents, denied the petitioners right to
said reward he had earned and as
promised to him, and refused to per-
form It's part of the contract entered
into with petitioner on aug. 10, 1887, as
aforesaid. although duly demanded by
the petitioner, and on Aug. II. 1895. the
United States did issue patent for the
said land upon the said invalid and
avoided or cancelled contract of the said
Campbell.
Wherefore the petitioner asks the
court to take his case into considera-
ton and to inquire into this petition
and to grant the Judgment and decree