The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1900-04-13
HYDE OUT FOR GOOD.
The o. S. Supreme Court Decides Against
Mr.. Hyde.

Another phase in the long drawn
out litigation over the well known
section 30 was brought to close by
United States supreme court decision
notice of which was received in Du-
luth Monday The subdivision OF the
J famous section involved is that one
known as the Hyde forty" claimed
by Thomas w. Hyde under the pre-
J emption law.
The case was before the United
States supreme court on appeal from
} decision by the supreme court of the
state of Minnesota, rendered July
a, 1896, and the highest court of
} appeal in the country sustains and
! affirms that decision. The case was
entitled the Bishop Iron company VS.,
} Thomas W, Hyde and others and was
,, suit in ejectment originally brought
| in the district court of st. Louis
county The decision is in favor of
the plaintiff. which is Identical with
J the Minnesota Iron CT mpany and
finally disposes of Hyde's claim to
that forty. The land involved is the
} northeast quarter of the southwest
quarter of section 30-63-l1. upon which
Hyde claimed to have settled about
} Aug 90, 1884, and to have resided
upon it ever since. In July, 1885, he
applied at the local land office to file
his declaratory statement upon the
tract in question and three other con-
tiguous sub divisions, in all, $50 acres.
The applicant was rejected as TO the
other three forties and allowed upon
the forty involved.
A half breed named Warren had
subsequently been allowed TO file
Chippewa scrip upon the land and
Hyde on discovering this Immediately
fled contest, alleging prior occupat-
ion, residence and improvement. The
order for hearing the contest was sub
sequently revoked by the secretary Of
the interior. The hearing which was
afterwards held in connection with
the contest of Hyde against the
Sioux half breed scrip locations at
land Office in 1889 disclosed the fact
that Hyde had entered into an ar
rangement with another person where
by any interest he might acquire in
the land should be shared by that
other person and he could not there
fore take the oath prescribed under
the presumption law to the contrary.
Subsequently, in 1894, patent was
issued to Warren under the Chippewa
location, the validity of such patent
being affirmed by the courts. It was
under the rights of Warren that the
Minnesota Iron company obtained
title to the land in question.
In the answer to the complaint in
the suit in ejectment. Hyde set forth
long counter claim, describing the
particulars of the location by, and
issuance of the patent to, Warren.
! claiming that the patent was issued
to himself. The answer also brought
} in to the case the lessons Of the Bis
hop Iron company, requiring them to
answer the allegation in the counter
claim. The plaintiff company demur-
! red to the answer, as also did some of
, the parties brought into the case by
Hyde's answer. These demurrers
! were sustained by Judge Moer in the
! district court and an appeal was
} taken to the supreme court Of the
,, state, with the result that the decis-
ion of the lower court was affirmed.
Appeal was then taken to the
United States supreme court and the
case was argued in Washington about
three months ago, John Brennan, of
West Superior, was attorney for
J Hyde, while J. K. Redington argued
the case for the plaintiff. The de-
cision promulgated yesterday affirms
the decision of the Minnesota supreme
court, which was written by Judge
Collins.
} Yesterdays decision practically mar
rows the matter in controversy over
section 30 down to the suit of the
Germania and Midway companies,
which are substantially A. NJ. Miller
!. against the Minnesota Iron company