Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1905-09-19
Register Brassey and Receiver tld-
ridge Decide MOore's Entry
Cancelled.
ATTRACTED MUCH ATTENTION
One of the Most important Land
Cases Ever Held in the West--
Appeal to Be Taken.

Register Edward Brassey and Re-
ceiver L. w. Eldridge of the U. S.
land office last Thursday rendered
their decision in the famous land con-
test case in which A. o. Robinson con-
tested the desert entry of John w.
Moore. The decision goes thoroughly
into the case and orders that the entry
be cancelled because it has not been
reclaimed as required by the desert
land act. This case attracted atten-
ton all over the west and was warmly
fought by both sides, Huntoon, Word
en- & Smith representing the contest
ant and Hilger & Busenburg and r.
Won Tobel, the claimant. The decision
in full is as follows:
The land in contest is situated on
what is locally known as the Rock
creek bench, level bench of land sit
uated in the Judith Basin between
Rock creek and Trout creek, embrace
ing sections /, 2, 8, 4, 8, 10, II, and II,
IN IOWHSul IlOIlll, range 1U z, dllO
all of township IA north, of range 16 e,
excepting sections 80, 10, Is and Z, and
the northern tier of sections, being
nearly $4,000 acres.
In order to intelligently consider the
status of the lands, it is necessary to
briefly summarize their history. The
50 I'D; oSiy 1,Hy
white people commenced in 1879, and
consisted first Of the moving of herds
of cattle from crowded ranges in the
eastern portion of the state. No at
tention was paid to the settlement by
the owners or attaches of the cattle
herds, the cattle roaming over the en-
tire basin at will and requiring no at
tention except the rounding UP for
branding in the spring and for ship
ment in the fall.
In 1882 parties interested in sheep
commenced moving their flocks into
the Judith Basin; that industry neces.
STATED the care of the sheep during
grain and sheds. This required the
ownership of land; the sheep men com
menced taking up land; struggling set
tiers at this time commenced coming
in, increasing yearly until 1889 and 1885,
the cattle range was in the same
crowded condition as where they or
iginally came from, and the large
herds We're removed from the judith
Basin.
The early settlers having in mini
the universal opinion as to the arit
condition of lands in Montana. settled
first upon the creek bottoms where
they could obtain water for irrigation
and no attempt was made to rails,
crops upon pre-emptions or hom,
steads without first taking out ditch
AS the creek bottom became appro
priated, the settlers turned their at
tention to the foothills of the surround
ing mountains where snow RENAME,
later in the spring and rain was NOR
abundant. These lands are now pro
ducing fine crops without irrigation
No attempt was made to settle upol
what is designated as "bench lands
until all of the available lands here
tofore mentioned We're appropriated
and settlers had to either experimen
with the bench lands or move on. TIL
first bench lond filing in this distric
was made upon the Rock creek bench
upon which. as already stated. tn
land in the contest is situated, as ar
also a number of other descent entrie.
Referring to our records we find tn
first filing made in the sections men
toned was homestead entry No 1S9
Helena Series, of James Mcconnell
in section 9, township 1S north of rang
16 e, in 1882. Eight years afterwar
Bernard Logan filed homestead entr
No. 4769, Helena Series, James Jone
filed homestead entry No. $50, in TIL
office, in 1898, and Nathan Platt file
homestead entry No 311 in this offic
in 1892. While the foregoing entire
are in sections embraced in the Roc
creek bench. two of them are situate
on the Trout creek bottom, Tro,
creek running through them, and otl
ers are watered by springs.
In 1896 John B. CASTOR, Abner Stal
Teton and William E. Cummings, tv
of them witnesses in this case, EN-
grated to to the Judith Basin and Sc
tied on Rock creek bench, beinl IL
first entries made upon bench land
this land district with the eXpectatie
of raising crops thereon without irr
cation; fourteen years had elapst
from the date of the first settlement
The entry in contest was filed Noven
Der u, 1901. at this time there we