The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-14
4 DECISION IS REVERSED
Great Northern Gets It's Title to
Land at Havre.
DUFF is THE CONTESTANT
Tho Land in Dispute Is That Upon
Which the Railroad Depot, Round
House and Yards Are
GG4 Located.
Special Dispatch to the Standard.

Helena, May 13.-The Helena land Of
flee to-day received notification from
Washington that the commissioner of
the general land office had reversed it
In the case of the st. Paul. Minneapolis
w Manitoba Railway company, now
Ehe Great Northern, VS.. John c. Duff,
Nm contest involving 36.1l acres in the
ftownsite of Havre. The local land Of
kice decided the contest in favor of
duff. The commissioners decision, I'M
.saiess reversed by the secretary of the in
{teTier, gives the company title to the
Z hand, which is nearly all taken up by
2stts depot, round houses. yards and
4 bther property. The parcel of land at
Tissue is what is described on the map
las lot 6, section 5. township 80, north
range 16 east In 1896 Duff filed on the
Hand in question and adjoining land.
s1using sailors and soldiers scrip and in
g tApri1 of the next year the company
IN applied for lot g. but it's application
was rejected as conflicting with Duff's.
MA hearing was held to determine
,Bwhether, when Duff filed. the land was
within the corporate limits of the town.
kthough'not within the original townsite
n sas plated From the evidence adduced
n vat the hearing the Helena land Office
held that the land in question was va
cant land and open to soldiers and
4, sailors declaratory statement or. other
FILLING at the time of Duff's applica-
ton; it was not occupied for townsite
$tpurposes at the date of such appllca-
Ation: that the town of HaVre had no
claim thereto, and that Duff's appica-
tion to enter such land should be al
bowed. From this ruling of the local
Hand office the company appealed, and
fthe matter came before Commissioner
sTIermann last November. The record
presented to the commissioner showed
bthat the townsite of Havre was sur
iveyed and plated in February, 1892.
and in August of the same year it was
Eentered as cash entry No. 5,051, and
covered the south half of the southeast
quarter of Except lots and 81, section
5, and the northeast quarter excepting
lots 1, 2 and and southwest quarter
northeast), section s, township SO north,
range 16 east, embracing 1885 acres of
land, by Dudley Dubose, judge Of the
Tenth judicial district as eX-ofticio
trustee for the inhabitants of the town,
which was not then Incorporated.
There were about 500 inhabitants at
the time.
After a review of the evidence ad-
duced, detailing the history of the pro-
ceedings, through which the townsite
went from the time of the original loca-
ton to date of contest, and numerous
extracts from decisions, the commits
sioner. in reversing the local land Of
flee, says:
THE town of Havre having been in
corporated. as we have shown, in 1898.
and the land in dispute being within
Its corporate limits, was not subject to
homestead entry at the date of Duff
application, May 2, 1896, or of his filing
or entry, April 81, 1897 and Nov. s.
1897. as aforesaid Accordingly, Duff s
said entry, No. 1904, is hereby held
for cancellation, subject to approval
within 60 days. The application of
the town to enter said lot is also re-
jected for the reasons stated by you
(the Helena land office, and the fur
Their ones that it was filed subsequent
ly to the application Of the company
and that it failed to appeal from your
decision adverse to it. 1t being found
that Duff has acquired no right under
his entry and that the town can make
no claim to the land. the question
arises whether lands within the cor
porate limits of town are reserved sc
as to preclude their selection by the
company under the act of August, 1892
which authorizes the company to Sc
lect lands not reserved and to which
to adverse right or claim shall have
attached or have been initiated at the
time of making such selection.
The commissioner deVotes consider
able space to this question, the right
of the company to select lands Wlthlf
the corporate limits of a town. The
commissioner holds, after an eNhaus
tive review of the subject, that it has
under the circumstances such right.
'It having been shown that the lane
herein controversy has not been plated
or used for townste purposes (but II
is principally occupied by the railroad
company, it is my opinion that ne
such reservation existed as would de
feat the company's right of selection
at the time it made its application ano
] SO hold subject to appeal. Should
this decision become final, the com
pany's application to select said lant
under the act of Aug. S, 1892 will b'
admitted and it's lists returned to vol
for allowance"