The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-07-16
HAY LANDS TROUBLE
A Grave Question Raised by the
Opening Of the Fort Buford
Reservation.
Who Can Prove the Best Title, the
Settlers or the Cattle
men?
Special to The Journal.

Special to The Journal.
Minot, N. D., July 16.-Nehemiah Davis,
attorney, of this city, was called to Blu
ford last Friday to appear i'm number
or desert land cases as attorney for the
settlers, who are fighting for their legal
rights against one or more extensive
cattle corporations. Mr.. Davis says there
Is considerable strife over the lands in
the abandoned Fort Buford military res
eryation, a portion of which is in the
Minot land district.
These lands were opened for homestead
entry July is, but since the act Of con-
gress, approved May 10, 1900, they have
been subject to settlement under the
homestead law by squatters, and also
subject to entry under the desert land and
townsite act. The only way In which a
homesteader could acquire any rights
whatever. prior to July Is was by settle
ment, while desert land claimant was
allowed to file his claim in the land
office before or after survey.
number of cattlemen, and particular
ly the Prouty Commission company, Of
st. Paul, have for q long time been
utilizing the bottom lands along the Mis-
souri, and Yellowstone rivers, for hay
lands, and have had large tracts on the
abandoned reservation fenced in. AS q
consequence the representative of the
Prouty Commission company has repeat
chase or by having located them with
scrip, and more recently by having desert
land entries made upon them.
Prospective settlers, therefore, desiring
to make settlement upon these lands, and
having prior to this been repeatedly in
formed by the United States land office
officials that there were no entries or
filings against these tracts, made actual
settlement and residence upon the par
fNry1a 10y, no a
homestead. The ST. Paul commission
company, however. had already, thru
third parties, made desert land entries
for the same lands, and subsequently ap-
piled to the federal circuit court at Far
go for temporary injunctions against
ACTUAL settlers. These were promptly Va
Gated and dissolved by Judge Amidon
when the matter was heard before him,
and the settlers now have contests pend
ing in the land office against the desert
land entries, alleging that such entries
are fraudulent and that the character Of
the lands precludes desert claims.
Only last Friday the settlers were called
upon to answer summonses in Buford
Justice court, in an action Of forcible
entry and detainer, which was brought
against them by the desert land men.
The settlers again won out by having the
action dismissed.
It is understood that new actions are
to be commenced at once, and it Is ap-
parent that there exists determination
on the part Of the cattlemen to harass the
actual settlers and make the expenses as
burdensome as possible and thereby
force them into submission. In fact, it is
claimed by some of the actual settlers
that the representative of the company
has made this threat.
The lands in question are exceptionally
good hay lands and have for the past
thirty years produced an abundant crop
The land does not require irrigation, as
it is overflowed annually, it is asserted
by settlers. ps
!, 1t is reported that many Of these cattle
men have held these and similar tracts
in the Buford territory for years, and II