The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1913-04-03
THREE DRAW THE PEN
while SHERIFF GETS
BONE OF CONTENTION
Claim No. 4, Trip Drawing
Evokes Decision Important
to Settlers.

to Settlers.
Rapid City, S. D., March S1.-At-
torney A. w. Layman has received a
decision from the commissioner of the
general land office which establishes
a precedent as to the duties Of regis
tiers in the receipt Of papers of all sorts
which may be filed with them as af-
fecting entrymen and contestants. BY
made judicial and not clerical, as has
heretofore been held.
The case on which this decision is
based involved the best quarter sec
ton of land in the Tripp county draw
ing by reason of fraudulent manip-
ulation two prominent land brokers and
bankers have been sentenced to serve
six months in the Leavenworth peni-
tertiary.
In the drawing at Gregory, Isaac N.
Struck, of Somerset, Okla, was No. a,
northeast quarter of section 35,
township 1O1, range rs west.
Immediately after filing, Struck was
offered $500 for his REIMBURSEMENT,
which he refused and then accepted a
cash offer from Logan Fain for $500.
NsfN NSah SSplSl1loCl
4, 1909, and that night, when depart
ing for his Oklahoma home, Struck
displayed his draft to several persons,
including Sheriff r. R. Johnson, dep
uty sheriff of Gregory county.
When Thomas C. Burns, register of
the Gregory land office, opened for
business the following morning. four
contestants on the Struck quarter
faced linn. They were Sheriff John
son, Logan Fain, Walter Diskum and
f.. L. Ink. simultaneously they all laid
their paper in front of the register
and he stamped them in rotation.
Who had the right to be considered
the first contestant, was the question
then raised. Attorney Layman APP
peared for Sheriff Johnson. Not car
ing to act on his own initiative, Reg
lister Burns took the matter up with
the general land office. BY it he was
advised to relate as near as possible
the circumstances attending the
stamping of the four contests, and to
determine as accurately as possible
which paper was first officially
stamped, all bearing the hour OF 9 a.
m. Register Burns decided that the
Johnson papers were first stamped and
Commissioner Demett decided that
Sheriff n was senior in the filing
and had priority of right to contest
the Struck filing.
The decision makes the decision of
the register a judicial act. The other
three contestants had appealed, but
their appeals were overruled and
Sheriff Johnson remains as sole claim
ant to the quarter section valued. at
$4,000. A special agent investigated
the facts surrounding the transaction
between Struck and Fain and his part
ners, Joe B. Baker and Brian Harmon,
with the result that they were indict-
ed for speculation in ACCOMPLISHMENTS
n convicted.
.UF.# Il. a1-g 8N.sL
PRICES GENERALLY LOWER
FOR STATE LANDS AT LEASE
Pierre, S. D., March 31.-The land
commissioners office reports that the
highest RECORD for leased state lands
made this year and exceeding any pre-
vious year in the history of the de-
partment is in Yankton county, where
g tract was rented for $4.25 per acre.
The highest price ever previously paid
was in Clark county last year, where
g tract was leased for $3.75 per acre.
This is for grazing land in both cases.
A general reduction in rates was
made In the western and central coun-
ties this year because of the past two
seasons of drought and a rate Of 81
YES 1xsd f9r such lands 4 lighter de.
h state, for the reason that many
hundreds of cattle have been sent to
other grazing grounds, and In conse-
quence the cattle men are fewer and
those remaining do not have their for
mer needs. Leasings have Deer made
In all of the counties except those in
which sales are to be held during the
frst half of April, and in those coun-
ties leases will be made the day fol-
lowing the sale.
About 10000 acres of land in Fall
River county will be offered for sale
II bids are made, the minimum price
being IS an acre. They will NOT he MT
up, however, unless there is some in
dication that there are BUYERS wil,;ng
to pay at least the minimum price. In
some of the counties where appraisaIs
nave zen made this spring, there is
Indication that only a moderate nor
cent Of the lands will be sold.
PLANS TO FACILITATE
TRAVEL TO BLACK HILLS
Rap1d City, s. D., March 31.-While
IN the city recently Congressman Mar
I'm made some pertinent suggesfions
Tor attracting tourists and
70 the Black Hills cities. There are
organizations in the Ellis. The cor
gresham suggests that a member Of
be appointed as a Committee IN
transportation to take up the matter
OF excursion rates into the Hills wifi
me several railroads. His plan in
AoSSS lot delegates tn
conventions and special excursions a s
wen as h general tourist traffic. An
otner suggestion Is that of providing
Interchangeable tickets good in ana mt
OF the Hills over any route desired and
IN any direction with stopover privilege
TOT tourists to thoroughly
travel over them without time limits
CRIMINAL LiBELaTRIAL
OF EDITOR FRY ApRu az
Platte, s. D.. March BE. 8. Fry.
q wagner editor. against whom !
charge OF criminal libel has been lodged
Dyan nudge se, ELLISON : 2. Smith, Of the SUI
for trial here April Is. FRY had
been out OF the state without bonds. hut
on ms return he was taken into Gus
todJ and bond furnished. His absence
IS explained by his effort to Obtain
evidenee in support Of his wsp
LEGATIONS that Smith had come into
possession of the estate of IN
OLD hermit named Stillner, q former
Knox county. Nebraska, character and