The Glenwood post., 1905-04-15
HITCHCOCK RULES
AGAINST JUMPERS
Secretary of The Interior SustainS
Local Land Office in Lily Park
Contest CdSe---FdyOrS the
Original Settlers
END or A FAMOUS LAND CASE

A decision has recently been rem
dered by the secretary of the interi or
which has the effect of turning the
disputed ranches in the Lily park
country back to the men who made
them and snspending the entries of
James S. Barnes and about 30 of his
associates known rs Jumpers, who
for the past two years have been max
ing fight fol possession and title to
the splendid ranches owned and i'm
proved by the Lily Park Stock Grow
ing association.
The case has been referred to before
in the columns of the Post, but inas.
much rs the conditions in this con-
test are analogous to those which
prevail in maiy other sectous of the
west, the main facts are herewith
reproduced.
James S. Barnes was the foreman
of the association and while engaged
as trusted empoye discovered dis
crepancies in the government survey
or ratherR variance between the sur
vey as Indicated by the marks on the
ground and the field notes in the land
Office which indicated that mueh of
the improved land of the association,
alfalfa fields buildings ETC., were in
reality beyond the association lines
and designated on the plats as govern
ment land.
After Barnes had filed on two of
the best ranches in this apparently
unappl opriated territory he induced
about 30 others to settle on adjoining
lands, a portion of almost every one
of these new ranches being in conflict
| with the companys holdings In
other words the company filings did
not cover the lands which it had act
ually improved but left much of the
company's bottom land vacant al
though well improved, and the squat
tiers thought by fling and settling on
these tracts which the company had
so well improved, they could hold the
property and acquire title from the
government.
The association through its attor-
neys f. W. Senior of Salt Lake and
Ed. I. Taylor of Glenwood immedi-
ately filed n contest in the local land
office. They also applied to the
United States court for receiver.
who was appointed to take charge of
the nay and other crops raised last
year on the disputed territory.
This decision of Judge Hallet
allowing the receiver while it brlnd-
ed the Jumpers as trespassers, did
not really settle the question of title
to the land.
The ccntesl in the Glenwood land
office over year ago viii he remem-
bered as. one of the biggest fights ever
wased in this office and was decided
in favor Of the association. the local
register and receiver holding that the
entries of the Jumpers should u.
cancelled. Messrs, Noonau. DoIIisnn
and Sale appealed the Gaze tu h.. com
missioner of the general land ,tiirc
who sustained the |, cal office. Barnes
and his associates then appealed To
the highest tribunal tile secretary of
the interior and Secretary Hitchcock
under date of March Is. 1905, has
rendered decision which sustains
both of the other decisions Except that
Instead of ordering the entries of the
Jumpers cancelled it orders them
suspended pending resurvey soon to
ina made q which tirpa e,,,l, I,,,l. -.
they have filed on which do not con.
fict with the lines of the association
may be retained by the contestants if
they so desire or they may relinquish
their rights to the government with
out prejudice.
A portion of the secretary deci-
sion is as follows:
Considerable testimony was offer
ed at the hearing to the effect that the
entries were not made in good faith
by the entryman, who never complied
with the law, but for the benefit of
the purchaser, and that the persons
who organized the Lily Park Stock
Growing association had full notice
of the fraudulent character of the en-.
tries Independently of the fact that
the record discloses that the real par
ty in interest had no notice Of the
original transaction, the entries are
protected from judicial inquiry into
their validity by the eighth section Of
the act of March 3. 1891 (the statute
of limitations) and that question can