The Green Forest tribune., 1912-03-22
HISTORY OF
 CARROLL COUNTY
Con7piIod by the ccodspoed Publish ing Co. ard Was First Published
 in the Year 1889.
TOWNS AND VILLAGES.
EUREKA SPRINGS.


 The Land Commissioners in April, 1881, rendered a decision adverse to the agricultural claimants, declaring cer- tain portions of the town site mineral, and deciding that the applications of both lode claimants and of the town site applicants should be allowed. This was highly satisfactory to the latter; but in March, 1882, the Sec retary of the Interior reversed this decision, declaring the lands agricul- tural in character, and remandirg the case to the general land office. The commissioner directed the local land officers of the district to take testi- mony, which was begun September 1, 1882. Mayor Carroll had in the mean time, twice applied for toWn-site entry February 24, 1881, and June 10, 1881. The first application had been refused on the ground that legal proceedings were then in progress to determine the character of the land in question.
 Decisions Of the Commissioner and Secretary. The hearing before the Register and Receiver at Harrison was concluded October 12, 1882. A decision from that office was rendered Novem- Der 25, 1882, and, with the testimony and papers in the case, immediately transmitted to the general land office. The decision of Commissioner McF'ar- land was promulgated July 19, 1888, deciding the question of priority of right in favor of the city authorities. The case was appealed to the Secretary of the Interior by the agricultural claimants, and in the following year | his decision was rendered, affirming that of the commissioner, except in so far as the latter related to portions of Section 10 which were conceded to the | agriculturists.
 The Final Compromise. February Is, 1885, an act of the Arkansas Le- gislature, to authorize and regulate the manner of disposing of the town-site lands, was approved. It was made the duty of the council to appoint one ber- son from each ward to grade, cl&.5dy and price the lots, at values ranging ! from $1 to S20 Evidence as to title | was to be presented to the mayor, | and upon his certificate of genuineness ! the city treasurer was authorized to receive payment, upon receipt Of which the mayor should issue deed. It was upon a different basis, how ever, that the final settlement was reached In February 1885, the Eureka Improvement Company, sue cessors to the agricultural claimants, instituted proceedings in the United I States Court for the Western district of Arkansas to test the legality of the town site title. The city treasury was empty and it's credit impaired, while there was general disposition among 1 the citizens in favor of a compromise. the litigation of five years having dis outraged many. The city council re- ! quested the citizens to meet en masse, and appoint a committee to cooperate with them. which was done, Joe F.
 Ivcy and J. H. Cameron being res pectively chairman and secretary of | the meeting. The committee thus chosen met with the council in Feb ruary, 1885; a proposition from the Improvement Company was received, but not favorably considered, and an abrupt termination of the negotiations was imminent, when the president of the company, suggested that the mat ter be laid over until after the annual meeting of it's directors. March II, 1885, pursuant to adjournment of Feb ruany 9, the city council and citizens committee again met, John Carroll, chairman, and J. H. Cameron, sec retary They were met by repre- sentatives of the Improvement Com lpany, and after a conference, that continued from p. m. to i a. m., a basis of settlement was at length lreached. March 19, 1885, the report of the conference was submitted to a meeting of citizens Tn Downie Hall, by which it was referred for recon sideration to a committee, consisting of John Carroll on behalf of the city, and Powell Clayton as the representa- tive of the Improvement Company. No essential changes were made. The compromise measures were submitted to vote of citizens, who declared in their favor by practically unanimous Ivote April 6, 1885, a decree of the l United States District Court was promulgated, ratifying the compromise the main features of which were the l following: The Improvement Comany was invested with the title to that part of Section 10 entered by George Penn, upon condition that deeds should be executed to the lot-holders thereon at the city appraisment, and that the Dairy Spring should be free to the public forever. The title of the North cutt and Alexander entries was vested in the mayor of the city, the president of Improvement Company and Johr lCarroll, by whom deeds should be exc
 cuted to lot-holbers at the city city ap praisement, to churches without com Ipensation, and all reservations to tht lefty, all property unclaimed within : tcertain period to revert without com lpensation to the Improvement Com lpany. A commission was provided fol to consist of one person representing | tl n.I I,,,u,nN.r.,,,.n.,+ Cn,,,