The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1914-12-23

Homesteader Has Faith that Govern
ment viii DO the Right Thing
in u Land Title.

Sioux Falls, Dec. 23.-After forty
years or more of hoping that the
government would give him owner
ship OF 100 acres of land on which
he has lived as a homestead prop
erty since he first came to the north
west when the Dakotas were a terri
tory. Daniel Farnum. whose home is
on a quarter section of land q few
| miles from Centerville. has opened
negotiations for what he believes Is
his right to a clear title TO the land.
Assistant United States District At
| torney Fiske TO whom Mr.. Farnum
made his appeal, at once set to work
to dig out all of the old records OF
the case which has dragged through
many years. After searching among
the old records in the storeroom of
the federal district clerk of courts
here. Mr.. Fiske and Clerk of Courts
Pendar unearthed the documents
needed which had been jumbled
among thousands of other papers
during the turmoil hat grew out or
the transfer of mingled court records
at the time OF the admittance of
| South Dakota TO the union.
Piske yesterday started the wheels
of justice to grinding again by the
issuance OF an alias subpoena TO the
present title holder. Charles Gors. OF
the quarter section which il is de-
clared was lost by Farnum through
n. II. Fletcher's alleged fraudulent
action in filing more than forty
years ago.
That Farnum has been in open
possession of the land is to be shown
In the action after the long search
for the overlooked documents which
after all were in the files of the clerk
In this district. 1t is also TO be
shown that the case has been pending
for years.
1t appears that after his settling on
the quarter section in 1873 Farnum
built a home and has lived there con-
ltinuously since. On December Is,
1s73. Nathan X. Fletcher filed a pre-
emption alleging that he bad settled
there December 1. 1873. and made
final proof on September 5, 1874.
and received a patent from the gov
eminent on October Is, 1875.
Farnum started a contest of the
title on May %. 1876. and produced
ten witnesses to the declaration that
Fletcher had never lived nor built a
home on the land and that the patent
was obtained by fraud. After a hear
ing on the question OF September Z,
1876, the government recommended
that the patent had been obtained
fraudulently. The commissioner of
the general land office asked that the
suit be brought and in December,
1879. the suit in the ease was insti-
tuted. The United States marshal
was unable to find Fletcher at the
time the suit was started and 1t was
thought that Fletcher LEFT the state
after selling the land to Hannah
Zones. Service in the complaint was
finally obtained by publication and
Fletcher ~defaulted by not appearing,
but Hannah Jones demurred TO the
complaint through attorneys, but she
was overruled in 1884. five years aft
err the beginning of the action and
she then answered.
During the lull between 1884 and
1885 the Dakotas became states and
all suits pending were turned over TO
the courts in whose jurisdiction they
fell. During this change the case in
which Farnum's whole life work was
centered was lost from sight.
Hugh j. Campbell in 1896 brought
suit for the record holder of the land
who had obtained ii of Fletcher, to
quiet title. From 1896 until now
Farnum's belief that the government
would do the right thing by him. has
kept up and he has written to every
limited States senator sent from this
state to aid him. Every effort OF
these senator's to thrash the matter
out with the United States land office
has been baked.
Fiske with the finding of the neees-
sary documents, has promised to get
to the bottom OF the matter.