The Western news. [volume] (Stevensville, Mont.) 1890-1977, 1901-10-09
A SENSATIONAL
STATEMENT
Helena Independent Says a. 6. M.
Co.'s Title to Land Adjoining
II Hamilton Is Detective.

Co.'s Title to Land Adjoining
Hamilton is Defective.
The land referred to by the Inde-
pendent consists of 100 acres adjoining
the Hamilton townsite on the south,
and lies in the form of a square. None
of it has ever been plated or sold by
the company. John H. Simpson, ex-
county assessor, has a statewide rep
utation as an abstracter and is positive
that the company's title to the land is
defective. The Independent article
/ follows:
1 The coming sale of valuable land S
IN Flathead county by the state has
the effect of calling attention to the
fact that in the early days of the state
| government, under the administration
OF Gov j. e. Richards some valuable
land was disposed of and the title
passed to others, and since the trans
action il has developed that the trans
fer was in violation of the constitu-
ton, and though the money has been
received by the state, it is held by
those who profess to be acquainted
with the law that the sale is void.
Some time ago John H. Simpson,
valli county, and who lived at Stevens
vile, was asked to investigate the
sale. and he did so. The property is
described in the records of the state
land office as the north half of the
northeast quarter, and the north half
OF the northwest quarter of section SO,
township 6, north Of range q west
It is part of a school section, and ad-
joins the townsite of Hamilton. It is
described as a beautiful piece of land,
llevel and admirably adapted to the es-
ltabiishment Of small fruit orchards
besides having large value because OF
its contiguity to the town of Hamil
ton.
The records of the state land offic,
saw" thht NStOOSt "a, AoISt w dAnCL "
Mallory, of Anaconda leased th
land from the STATE, which ha,
been appraised at $40 and $50 an acre
the higher price for the northeast quar-
ter and the lower for the northwes
quarter. This lease continued in force
until Dec. ~, 1898. Dec. d of tina
year application was made to purchas
the land by c. M. Crutchfield, actin,
attorney for William Toole. This pu1
chase to be subject to the lease. Th
residents of Hamilton, who were awar
of the value of the land, knew the tim
the lease of Walker & Mallory expired
and many of them were prepared I
bid upon and buy the land when it wa
again put up by the state. Mr.. Crutcl
field, for his client, offered SIS a
acre for half of the northeast quart.
- and $50 for the half of the northwe
quarter. The board accepted the offe
n aud January 10, 1894, the check
Marcus Daily for So, 400 was received
= payment for the land. Then patel
was issued for the land, bearing da
= Jan 13, 1894. A few days before II
lease expired the land was sold by IL
= board of land commissioners so it w
,. never re-appraised, or offered, as pr
II vided by the constitution. Short
& after the purchase by Mr.. Toole pa
& of the land was plated as the Sou
a Side addition to Hamilton-or rath,
it laps over to the townsite of Han,
ton. The land was afterwards trai
ferred to the Anaconda Copper M
ing company.
d According to the opinion of N
- Simpson, and others who have beco
q acquainted with the circumstanc
4 the title to the land held by the Al
= conda company is void, because Of
u violation by the state board in the S
of the plain provisions of the consti
u tion in regard to land situated as is
u tract referred to. Mr. Simpson, af
= his examination of the records, wh
~ he gave it AS his opinion that the, ii
- was not good, also said there was
u evidence of fraud. 1T was case
= ignorance of what the constitut
u provides" he said. ARTICLE seven
the constitution is SO plain that WI
C any one reads it he can but come
~ the Conclusion as nave" This
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