The Bozeman courier., 1926-12-03
LOOMS
in ALLEY DISPUTE
Miss Ernestine Nichols Would
Force City to Pay For Ground
The City's Position

Refusal of the city commissioners
to authorize purchase by the city Of
certain property, now being used as
part Of an alley between Tracy and
Black avenues, south of Main street,
has brought from Miss Ernestine
Nichols, who claims title to the
ground involved, a declaration that
she will close that portion of the
alley to public use and go~into court,
if necessary, to maintain her legal
rights.
Miss Nichols asserts that the strip,
seven feet wide and 80 feet long, is a
part of Lot and that she is the
legal owner thereof; that it has never
been given to the city for any use
whatsoever, and that she "dOes not
intend to accept the commissioners
decision" She also says that her at
titude in the matter has been placed
before the public in an improper
light.
"The city commissioners need not
purchase from me the property which
is a part of Lot 8, Block "a, orig
inal township of BOzeman," Miss
Nichols declares in a statement given
The Courier. 81 have only offered
to sell it to the city, provided the
city wishes to add it to the so-called
ALLEY. If the city does not want to
buy, it need not do so. l am not
urging the sale. But if the city does
not want the ground, am going to
close it td public use. I shall do
this in no spirit of unI1indness, but
as a matter of self protection, since
Mr.. Nichols property is now divided
wish to avoid any future lawsuits
over said ground"
Maintained Rights
According to Miss Nichols, while
her father, G.. R. Nichols, was living
and owned Lots and on East MAR
street and Lots Is and Is on BabcOcl
street, che maintained his propert!
rights" as required by law. H,
leased warehouses on the ground ant
: permitted the public to go to thl
business places Of his tenants. A
the same time, however, he made
plain to the city, by personal notifi
cation and otherwise, that his portion
? of the "alley" thus created was still
3 under his ownership and control; tina
he permitted it's use only for con
= venience of the public, and that tn
. city acquired no right, title, or CLAIM
Y to it thereby. Although urged t
t deed it outright to the city, he re
e peatedly declined to do so.
A brief history of the property in
volved is given in Miss Nichols
statement.
"Lot 8 was purchased from tn
United States government in 1879 b
= L. ]. P. Morril. J. L. Noble, the
acting as probate Judge in Helena fo
the Territory of Montana, handle
the transaction. In 1881 Leo +
Nichols paid $1,000 for this lot. /
1883 Mr.. Nichols purchased Lot /
s from Nelson Story, Sr., for LOO
In 1889 he bought Lot z and 10 fee
off Lot Is from William Lewis fC
around $4,000. In the same year
! purchased Lot Is from Mrs. Wi
= !. liams, a widow living in Park count,
X for $2,5OO.
: ''In all, Mr.. Nichols paid $4,000 fl
> this ground. He paid about 81, 100
g year taxes to Gallatin county, ar
= special assessments to the city {
y BOzeman also. So in the last 4
!; years the property has cost som,
; thing like $4,000, not counting Il
le cost of the buildings on Lots Z an
<, 8. Since Mr.. Nichols death Il
a property has been transferred
sc those to whom it was willed, or ell
Continued on Page Sixteen