The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-10-06
RULING HAS BEEN MADE.
Interior Department Hold That New
ToWnsites Are Spurious.

Townsites Are Spurious.
Washington, Oct. ga number of no
tees Of contests instituted by members of
townsite companies against bona fide en-
tryment in Kiowa, Comanche and Caddo
counties, Oklahoma, have recently been
received at the interior department from
the registers and receivers Of the local
land Offices, requesting instructions as to
whether hearings should be ordered. II
appears from the records in nearly all
of these cases that numerous townsite
companies have been organized in the new
country and that they have gone upon
the public lands and taken possession of
such territory as they desired. When the
successful applicant in the drawing con-
tests attempted to select the land upon
which these companies had settled and
taken possession of contest proceedings
have been Immediately instituted. It also
appears in a number of cases that the
townsite companies have unlawfully dis
posed Of a number of townsite lote to
people unfamiliar with the exact condi-
ton OF affairs.
The interior department holds that all
Of these townsite companies are spurious
and have no right whatever upon the
public land. The selection therefore of
any of the quarter sections taken by the
townsite companies by applicants viii be
sustained by the department. unless ar
rangements have been entered into by
the successful applicants to dispose of
their interests in their claims 10 town
site companies In order to establish
such a charge the proof must be con-
elusive The officials hold that a mere
assertion that an entryman announced in
advance that If he could secure a good
figure for his land he would dispose of it
is not sufficient ground to warrant the
cancellation of his entry. If. however
a contract was entered into and signed
or a verbal agreement at which compe-
tent witnesses were present and the fact
is established. then contests will be per
mitted against his entry. and the proba-
bnities are that he will lose his home
stead rights Thus Tar only one contest
of this character has been permitted
F. B. Duke recently filed at the Fl Reno
land Office notice of contest against the
entry of Andrew Byers for the north
west one quarter of section o. township
:. north range Is west, a tract of land
near the town of Mountain View. The
contest was Instituted by Duke as presi-
dent Of the Southwestern Mutual Town
site company 1t was alleged that the
company was organized for the purpose
Of establishing and building a town on
the Rock Island railroad near Mountain
View, that aOrailroad station had been
located on the quarter section and named
Gotebo that when Byers made his entry
upon the land he knew it would be used
for townsite purposes. AS the townsite
company had no legal rights in the prem
ises the application was promptly reject
ed.
Then followed Immediately notice Of
contest by James P. Minton against An
drew Byers for the same quarter section.
The motive alleged that Byers made his
entry with the intention of transferring
his title to the Southwestern Mutual
Townsite company; that at the time Of
making his agreement he had entered
into an agreement with the townsite
company 70 sell his land for a considera
ton Of $500 as soon as he could obtain
title thereto. This allegation is cor
roborated with sffidavits.
In the opinion of the department the
grounds of contest set forth constitute
good cause of action. and accordingly the
register and receiver of the FL Reno land
office have been instructed 70 order
hearing.