The bystander. [volume] (Des Moines, Iowa) 1916-1922, 1916-03-17

nor QOWu uuTlHS Ill VI THAI leustu VI
time. Digging among the old records
Of the territorial days in the store.
room Of the federal district clerk OF
courts here, Attorney e. w. Fiske un'
earthed the documents needed to bring
the matter to the attention OF the do
partment of justice and into the co"rts
again. They had been jumbled among
thousands Of other ancient papers
during the turmoil that grew out OF
the transfer Of mingled court records
at the time Of the admittance Of South
Dakota to the Union. For years the
original complaint and other papers
connected with Farnum's claims had
been lost to sight; whether among
those records left at Yankton at the
time of the record transfers, or at
Bismark, NJ D.. or at the federal OF.
fees here was not definitely known
and had seemed impossible, even al
ter prolonged search. of ever learn
ing.
In Constant Possession.
1t is now to be shown that the &C
ton. after the long search for the
overlooked documents which, after all.
were in the files of the clerk here. has
been pending throughout the 40 years
and that, despite the seeming title In
the hands of others. Farnum has been
in possession OF the 100 acres OF lana
during that time.
The land which Farnum claims is
his own and homestead by the prom
Use of the United States is situated
near Centerville, s. D., in what Is de-
scribed as the northwest Is, township
81, range 81. After his settlement on
the quarter in 1873, Farnum built a
little home and since then has lived
there continuously.
On December 10, 1873, Nathan X.
Fletcher filed pre-emption. alleging
that he had settled there December l
Of that year, and made final proof on
September s, 1874. He received a
patent from the government in 1875.
On May 20, 1876, contest OF the
title was fled by Farnum who had
then ten witnesses to the declaration
that Fletcher had never lived nor built
home on the land and alleging that
the patent was obtained by fraud. All
Of this information, according to the
documentary evidence found in an
cient files, was brought out at hear
ing before the registrar in September.
1876, and caused that government or
fetal then to recommend that the pro-
ceedings granting the patent be set
aside and declared void on the ground
that the patent had been obtained
fraudulently. The commissioner Of the
general land Office asked that the suit
be brought. Farnum had formerly
made an entry on the same land which
had been thrown out, but was then re-
instated, although, until the patent to
Fletcher had been cancelled, the de-
partment could not issue one to Far
mum.
Buyer Loses Suit.
The suit in the case was Instituted
in December, 1879, but the United
States marshal at that time was I'M
able to find Fletcher who, It is be-
lieved, had left the state, after hav'
ing sold the land to Hannah Jones
Service in the complaint was finally
obtained by publication. Fletcher de,
-faulted by not appearing, but Hannah
Jones, through attorneys, demurred to
the complaint, but, in 1884. was over
ruled, five years after the action was
begun.
Nothing further was done between
the years 1884 and 1896. Meanwhile
the territory of the Dakotas had be-
come two states, and all suits then
pending were, by the enabling act
turned over to the courts in whose
Jurisdiction they fell. The old files
were at Yankton, and controversy
arose between the state and the feder
al courts at to which should have GER
tain records. The clerk Of courts fol
this district finally obtained few OF
the old files and records after the
state was admitted, while others re-
manned at Yankton and more went to
the offices of the clerks Of the courts
at Bismark, N. D., and Pierre, 8. D.
The case in which the whole of Far
NUNS life has centered should have