The Daily Missoulian., 1911-01-16
HELENA EXPERIENCES DULL
DAY WITHOUT SENATORIAL
BALLOTING,
Representative Berry Introduces Bill
Providing for "Public Squares,
Churches, schoolhouse Lots, Parks
and Lsvees," to BE Created Through
Judicial! Action.

Helena, Jan. -(SpeciaD-This has
been a very dull day in Helena. Many
legislators went home for Sunday and
Will be back tomorrow. No one seems
to have solution of the senatorial
situation. The balloting will be re-
sumed at noon tomorrow. Everybody
is hopeful but not expectant. There is
not single enthusiastic man in town.
In the meantime, however, the leg
islature is busy at other things. A
number of bills are being considered.
The report of the house committee on
rules. which is a special order for 2
O'Clock tomorrow, will receive atten-
tion for some time. There is some in
dication that row may come over
portion of it.
A Berry Bill.
Representative Berry gave. notice of
the following bill Saturday:
BE it Enacted by the Legislative AS
sembly of the State of Montana:
Section 1. That section 1851 of the
revised codes of Montana be, and the
same is hereby amended to read as
follows, to-wit:
".Section 1851. II there be any un-
occupied or vacant unclaimed lands
within the limits of such city or town
sites, the judge may cause the same
to be laid out and surveyed into suit
able blocks and lots, and must reserve
: such portions as may be deemed nee
'essary for public squares, churches,
schoolhouse lots, parks and levees, and
cause all necessary roads, streets,
lanes and alleys to be laid out through
the same and dedicated to public use;
and the Judge may sell the same in
suitable parcels to possessors of ad-
Joining lands residing thereon, or to
other persons. at a price not less than
ten $4,000 dollars per lot; and in
case two Or mores claimants apply for
the same lot or lots, he must sell the
same by auction to the highest bidder
for cash. If such lots remain unsold
at the end of six months after the
filing of the town plats, the said judge
must sell said unclaimed lots, on ap-
plication,. at public auction to the
highest bidder for cash, and give deeds
therefor to the several purchasers;
but, nevertheless, the judge may sell
and he is hereby empowered to sell
and execute deeds for any unoccupied.
vacant and unsurveyed portions of
toWnsite without first causing the
same to be surveyed or plated into
blocks, lots, roads, streets and alleys,
or otherwise subdivided, whenever it
shall be made to appear t. the judge
by written application to purchase
the same, established by evidence that
the unsrrveyed portions of the town
site sought to be purchased are irregu-
lar and fragmentary strips Or pieces
of land within the exterior boundaries
of the townsite, and tina. they are un-
occupied and vacant, and taat it would
be an unnecessary expense and i'm
practicable to cause the same to b.,
first surveyed or plated into blocks
lots, roads, streets and alleys, or other
wise subdivided; and the sale of such
0unoccupied, vacant and unsurveyed
1portions of a townsite shall be con-
Quoted, as near as may be, in the
manner provided for the sale of town
. lots, except that the price to be paid
for any one irregular, fragmentary,
unoccupied. vacant and unsurveyed
portion of townsite shall not be less
than one hundred (s1O0) dollars; and
all deeds heretofore executed by the
judge who has sold and conveyed ir-
regular, fragmentary, unoccupied, va
cant and unsurveyed portions of a
townsite are hereby confirmed and
made lawful, valid and effectual as il
such, or any, unsuryeyed portion of
the .toWnsite had first been surveyed
and plated into blocks, lots, roads,
streets and alleys, or otherwise SUBJ
divided
Section 2. That all acts and parts
of acts in conflict herewith be and the
same are hereby repealed
Section 3. That this act shall be
in full force and effect from and after
its passage and approval"