The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1899-12-29
SCRIP WINS.
Eaton the Scrip Claimant Upheld by Judge
Moer in Section 80 Case

MOer in Section 80 Case
Judge Moer has filed a decision in
favor of Eaton, Clark. Pagan and
Lonstorf's claim TO valuable part of
section 30. This is in measure the
most important piece Of litigation
which has been before the district
court in this county for a great many
years. The action. which was tried
last June, was between the Midway
company, claiming under Il patent
issued TO Frank Hicks, and Messrs.
Eaton Clark, Pagan and Lonstorf.
claiming under the original locations
OF Sioux half-breed scrip. There has
been d large amount Of litigation
between the various claimants to the
several tracts in section 30, but this
is the first time when the rights of
those claiming under the scrip loca-
tions as against subsequent claimants
has been brought into court. In the
trial Walter Ayres appeared as attor-
ney for the Midway company, and
ToWne & Harris and f. III. Cutting
appeared as attorneys for the defend
ant Eaton. and j. L. Washburn and
w. ID. Bailey appeared as attorneys
for the defendants Clark and Pagan,
and W. B. Phelps as attorney for the
defendant Lonstorf. Mr.. Ayers and
Mr.. Harris argued the case orally and
Mr.. Washburn submitted printed
brief. The judge has had the matter
under careful consideration for several
months. and Wednesday filed his find
ings OF fact and conclusions of law,
ordering judgement in favor of the
defendants who claimed under the
original scrip locations.
If this decision shonld be sustained
by the court of last resort, it would
mean that the land involved would be
lost to the Germania Iron company
and the Midway company and that a
NJ. Miller who has made the fight for
years, against the Minnesota Iron
company would lose the land after all.
In the litigation now pending in tie
United States court Of appeals Mr..
Miller is the winner at the present
Stage The proceedings upon which
this case in the district court is based.
however, ante-dates all those con-
cernea in the case Of the Germania
Iron company against the Minnesota
Iron etsnpany. In those cases the
Germatria lron company relied upon
an eutfy made by Emil Hartman With
POfteTtield scrip, after the decision Of
he department setting aside the
Eaton ct. al. scrip and restoring the
land to the public domain for entry
Now The people whose scrip was set
aside are claiming that the action of
the department was not justified.
1t las caused some comment that
This action was brought in the state
court Willie all other actions have
been in the United States courts.
This was done because il WAS believed
hat The case could be taken to the
United States supreme court quicker.
1t was hoped TO get it ON the calendar
OF tile state supreme court this fail.
aud after The decision carry it to the
United States supreme court at once.
This did not work however, for the
decision in the case was delayed be-
yond their first expectations.
A brief history of.this long drawn
out case will be interesting to those
who have hard work TO keep track of
| the various phases. These scrip To-
cations were made in the name of one
! Grille SLram, formerly Grille Nor
/ eau, vino was a Sioux half-breed, and
20 whom the scrip was issued under
The act Of congress Of 1854 by which
the half-breeds gave up their lands on
Lake Pepin, in this state, and took in
! lieu thereof certificates in seyeralty,
authorizing the selection and location
! by them OF any OF the surveyed or un-
surveyed lands of the United States.
subject to homestead or presumption
entry. On May %, 1883, Grille STRAIN
made power of attorney authorizing
Frank w. Eaton to locate the scriI
for her and about the same time she
made power of attorney authorizing
Leonidas Merritt to take possession
of any pieces or parcels of land which
she owned or might thereafter become
seized OF under the location of Sioux
half-breed scrip, and TO sell and con-
yey such land. Eaton. acting as such
attorney in fact, located these lands
in section 30, and thereafter Merritt,
under the power of attorney to him,
made various cOnveyances thereof,
which conveyances Mrs. STRAIN, the
half-breed, and her husband after
wards ratified and confirmed by a con-
veyance ratified by them.
Thomas w. Hyde and Angus Nc
Donald undertook to make pre-emp-
tion entry Of these lands having been
guided to the same by one of the par
ties who had aided Eaton in making