Newspaper Page Text
jferp
-Mi
\rol.VIII. No. 38.
LEWISTOWN,FERGUS COUNTY, MONT., THURSDAY, MARCH 19, 1891.
Price10 Cts.
REPUBLICANIN POLITICS, AND DEVOTED TO THE MINERAL, AGRICULTURAL, STOCK AND WOOL INTERESTS OF THE GREAT JUDITH COUNTRY,
4cvan^ Cotmtu 3tr0u
MUMWEEKLY BY
JOHNM. VROOMAN.Editor 4 Proprietor.
Enteredat Leoistown POatjecond clast matter^TERMS OF SUBSCRIPTION :
(Ifpaid in alliance.)
Oneyear W.00
Siamonths^^- 1.50
1lire* mouths 1-00
AKTKKTHIRTY DAYS:
(meyear'.$3.50
Mamonth*i 2.00
I'breeluuulh* ~..- 1.50
ADVERTISINGRATES:
1 nch. une inaertioDmi 1.00
1 ^mouth1.00
1 '^ sis ^^ 1SO0
1one vear - ^24.00
Specialrales given no large tpaie and standing^a I vertlsenienta.
i.ocalnolicea 15 cents per line.
specialadvertiaeuieuta payable strictly in ad-^HMI
OFFICIAL.ROM'CR.
slat.-Directory.
uvernorJoseph K Toole, Helena
I.ieut.(governor ...John K. Rlckanfs, buttr^M,tuber ul Congress, T. H.Carter, Helena
secretaryLouis Kotwitt, Helena
TreasurerK. U. Hickman,Helena
tlaetiturK- A. Kenney, Helena
Alt'ylieueral,...Henri J. Haskell, (deituivt
iiielJustice riiipreuie Court
HenryN. Blake, Helena^vssa.jciale Justices (E.N. Ilarwotid^tUNM CourtI W. H. HeWitt
ler 5jup. Court, W. J. Kennedy, Helena^i l^eniit a.ietit Public Instruction
Joint (iannon. Helena
federalDirectory.
S.MarshalWin. K. Furay, Butte
iisterU. s^. Land OsVeeC. A. Bur*
itjeeiverI*. S. Lan^l 0#JeoO. V* .Cook
Kurvevor(ieneralQeo. 1^. Katon
K. D. Weed
u.
Hej
v.a
tellerAttorney.
Ferltus 1 omit Odlcere.
.StateSenatorClias. W. Baylies, DM
.MembersHouse ol f John K. Barrows
Representatives I John 1). Waite^Slierill Maurice Sullivan
riananrtEH!^* Bi^WmW
Clerkand RecorderWilliam H. Kelly
u.lge4iliDiet. CourtC. H. Benton
Jti' _
ClerkDiet. Court.
CountyAttorney
Assessor
(surveyor
Coroner
Kupt.ul .Schools
OMUUI
I).A. Meagher
I'rank K. Smith
la. W. Kid ridge
(ieorge Stafford
,...lr. \V. K. Hanson^Mi^ Kannic Corhin^luNEKS.
John\V. Beck, ChairmanLewistowii
..MaidenMolt
UlilllJ...^-^
day
fcaMctNiurt....^^Iiillip Saunders^County Cotnniissioiiers meet First
olMarch, June, September and l^e-^iber.
TheDistrict Court lor Fergus County^sets first Monday of April, l***,^Montlay of June, 1^!^^; third Monday^{September, lHDU^her, lS'JU.
thirdm
thirdMonday of Novcin-
E.W. MORRISON,
ATTORNEYand C0CJMSEI.I.ob at Law,
LKWTSTOWX..MOST.
WillPractice In all tourta.
iCor.Third Ave. and .laneuux
FRANKE. SMITH,
Attorneyand Counsellor
ATLAW,
I.KW'ISTOWN,MONTANA.
T.C. POWEE ^ BEO.,
LEWISTOWIM,
MONTANA,
KeepsConstantly on Hand a Complete Assortment of
GENERALMERCHANDISE.
NKWASND FRESH GOODS OF BEST QUALITY. CALL.
ANDEXAMINE OUR
Groceriesand Dry Goods.
Gentlemen'sFurnishing Goods,
Hardware,Stoves and Ammunition,
Wooden and Vv/illow Ware,
GENERALLAND LAW.
FullText of the Law Fasted by Con^^gress Repealing the Pre-Emption^and Timber Culture Acts.
IMPORTANT
CHANGESIN^LAND LAWS.
THEOTHER
Furniture,Spring j\fattrc^w^e^,
Wool
Wat! re^MMsa
FenceWire. Heavy Wagons,^Buggies, Iron Pumps and
RoadWind
Cartsand^Mills.
IMILDINGPAPER, DOORS, WINDOW and NAILS, PAINTS, OILS,
ANDSTATIONERY, TIM NKS^ROCK SALT,
AND^ J LASS^AND
BLANKBOOKS, INKS^YALICES, -ELAINE^ COAL OIL,^STOCK SALT.
Infact we have nearly every tiling that goes to make up your daily^wants, on which we name BOTTOM PRICES.
W\B. HALKICH.
F.H. MEYER.
.1.W. BELLIS.
WhenYou Visit Great Falls
CALLAT
OfficeIn Bank nu.l.lo'k
Carefulattention to practice^;.)urtn. Dual I aj ^^^**^! amtl collection
itall the
R.VON TOBEL JR.,
Attorneyat Law,
IJiWISTOWN,- - MONTANA.
.jarr.S. Land Office Plats of all surveyed landa^n the Judith Basin, with abstract* ul all tilings^made, corrected weeklr.
ROBERTE. GTJDOELL,
Justiceof the Peace.
Collection!a Specially,^u.c will re
Allbuaineas entrusted to^receive prompt attention.
OFFICE^ TOOMB'S Bt II.D1NG, KKiBOK BiNk^lewisiowk, montana.
DR.W. F. HANSON,
Physicianand Surgeon,
JLEW1STOWN,MONTANA.
B.Ealeigh ^ Co.,
THELEADING DRY GOODS HOUSE,
WHEREMO WILL FIND A COMPLETE AND SELECT LINE OF
DRYGOODS, GENTS' FURNISHING,
Ladies'and Misses' Shoes.
applyto entries made or iniated prior the deiay of two years from the date
Buyingas we do direct from first hands and in large quantities enables^us to place before our customers best grades at the lowest prices. JJasS^^ Mail
orderssolicited and receive prompt attention.
C.C. LONG.
J.B. CLARK.
LONG ^ CLARK,
MIM'I At TCKEKU OK
T.R. DALY,
DentalSurgeon.
fill*!tilFilling
I Artificial Teeth.
Hlltiecot
second rl.ior wf Norman^Block, Main Street.
Bros.
LKWISTOWX,
MONT.
W.H. CULVER,
Photographer!
LBWI8TOWH,
MONTANA.
L..BARBER,
FireInsurance and School^.Finishing Agent.
lewistown, - - montana.
E.G. SCHNEIDER,
MerchantTailor.
CompleteLine of Fall and Winter^Samples.
PSSVSCIFITS Cil ARANTKHIt.
REPAIRINGAND CLEANING.
Cor.of Main Street and Fifth Ave.^LEWISTOWN. MONTANA.
LumT:er,LatbSliing,les
WTi';im Furnish DntWal Finishing Lumber, and^Matched Flooring on Short Notice.
Dressedand
MILLOn Middle Fork of Beaver Creek, 5 Miles South of Ban Smith's Ranch
LumberDelivered to any part of the Judith Basin nt Reanonahle Rates. P. O. addreaa
COTTONWOOD,- MONTANA.
JUDITHMERCANTILE COMPANY,
Wholesaleand Retail Dealers in
GENERALMERCHANDISE
JudithLanding, Mont.^New Goods Just Received!
SpecialAttention Given to the Trade of Ranch and Stockmen
RECEIVINGAND FORWARDING
SpecialInducement offered to those having Ore and Bullion for Eastern^Shipment f'om the Maginnis Mining Region.
B^- -
WOOL-STORINGFACILITIES.
LargeWarehouse on the bank constructed with a Special View to the Storing^of Wool. Wool Growers in the Judith and Wolf Creek county will find^this the most convenient point to haul their wool, whether^desiring to sell or ship.^MaMfow that the Ureat Northwestern Reservation is open for settlement^Ranchmen and others seeking locations will find the route via Judith Landma^the shortest and best road, and can depend upon obtaining supplies of all^kinds at BED ROCK PRICES. Also, blacksmith shop at Landing.
m-ORDERSBY MAIL GIVEN PROMPT ATTENTION
Beit enacted, etc., That an act en^^titled ^An act to amend an act entitled^'An act to encourage the growth of^timber on the Western prairies,'^ ap^^proved June 14, 1878, and all laws^supplementary thereto or amendatory^thereof, be, and tha same are hereby^repealed: Provided, That this repeal^shall not affect any valid rights here^^tofore accrued or accruing under said^laws, but all bona fids claims lawfully^iniated before the passage of this act^may be perfected upon due compliance^with law, in the same manner, upon^the same terms and conditions, and^subject to the same limitations, for^^feitures, and contests as if this act had^not been passed: And provided further.^That the following words ot the last^clause of section 2 of said act, namely,^^'That not less than twenty-seven^hundred trees were planted on each^acre,^ are hereby repealed, And pro^^vided further, That, in computing the^period of cultivation, the time shall^run from the date of the entry if the^necessary acts of cultivation were per^^formed within the proper time: And^provided further, That the prepara^^tion of the land and the plantme ol^trees aliall be construed as acts of cul^^tivation, and the time authorized to^be so employed and actually employed^shall be computed as a part of the^eight years of cultivation required by^statute: Provided, That any person^who has made entry of any public^lands ot the I'nited States under the^timber-culture laws, and who has for^a period of four years in good faith^complied with the provisions of said^laws and who is an actual bona tide^resident of the State or Territory in^which said land is located, shall be^entitled to make final proof thereto,^and acquire title to the same, by the^payment of $1.25 per acre for such^tract, under such rules and regulations^as shall be prescribed by the Secretary^of the Interior, and registers and re^^ceivers shall be allowed the same fees^and compensation for final proofs in^timber-culture entries as is now al^^lowed by law in homestead entries:^And provided further. That no land ac^^quired under the provisions of this act^shall in any event become liable to the^satisfaction of any debt or debts con^^tracted prior to the issuingof the final^certificate therefor.
Sec.2. That an act to provide for^the sale of desert lands in certain^states and territories, approved
March3f 1877, is hereby amended by
addingthereto the following sections:^^Sec. 4. That at the time of .'iling
thedeclaration hereinbefore required^the party shall also file a map of said^land, which shall exhibit a plan of^showing the mod* of contemplated^irrigation, and which plan shall be^suiflcient to inoroughly irrigate and^reclaim said land, and prepare it to^raise ordinary agricultural crops, and^shall also show the sourceof the water^to be used for irrigation and reclama^^tion. Persons entering or proposing^to enter separate sections, or frac^^tional parts of sections, of desert^lands may associate together in the^construction of canals and ditches for^irrigating and reclaiming all of said^tracts, and may file a joint map or^maps showing their plan of internal^improvements.
Sec.5. That no land shall be pat^^ented to any person under this act^unless he or his assignors shall have^expended in the necessary irrigation,^reclamation and cultivation thereof,^by means of main canals and branch^ditches, and in permanent improve^^ments upon the land, and in the pur^^chase of water rights for the irrigation^of the same, at least $3 per acre of^whole tract reclaimed and patented in^the manner following: Within one year^after making entry for such tract of^desert land as aforesaid, the party so^entering shall expend not less than $1^jer acre for the purpose aforesaid; and^M shall in like manner expend the^sum of $1 per acre during the second^and also during the third year there^^after, until the sum of per acre is^so expended. Said party shall file^during each year with the register,^proof, by the affidavits of two or more^en dible witnesses, that the tull sum of^$1 per acre has been expended in sucl^nei-essary improvements during sucl^year, and the manner in which ex^^pended, and at the expiration of the^third year a map or plan showing the^haracter and extent of such improve^ments. If any party who has made^such application shall tail during any^year to file the testimony aforesaid^the lands shall revert to the I'nited^^States and the 2.^^cents advanced pay^nient shall be forfeited to the I'nited^States, and the entry shall be canceled^Nothing herein contained shall prevent^a claimant from making his final entry^and receiving his patent at an earlier^date than hereinbefore prescribed^provided that he then makes the re^^quired proof of reclamation to the^aggregate extent of $3 per acre: Pro^vided, That proof be further required^of the cultivaion of one-eighth of the^land.
Sec.6. That this act shall not^affect any valid rights heretofore ac^crued under said act of March 3,1877^but all bona fide claims heretofore^lawfully iniated may be perfected^upon due compliance with the pro^visions of saidact.inthesamemanner^upon the same terms and conditions^and subject to the same limitations^forfeitures, and contests as if this act^had not been passed; or said claims^at the option of the claimant, may be^perfected and patented under the pro^visions of said act, as amended by^this act, so far as applicable; and all^acts and parts of acts in conflict with^this act are hereby repealed.
Sec.7. That anytime after filing the^declaration, and within the period of^four years thereafter, upon making^satisfactory proof to the register and^the receiver of the reclamation and^cultivation of said land to the extent^and cost and in the manner aforesaid^and substantially in accordance wit^the plans herein provided for, and^that he or she is a citizen of the I'nited^States, and upon payment to the re^^ceiver of the additional sum-of $1 per^acre for said land, a patent shall issue^therefor to the applicant or his as^^signs: but no person or association of^persons shall hold by assignment or^otherwise, prior to the issue of patent,^I more than 320 acres of such arid or^I desert lands,but this section shall not
tothe approval of this act: Provided,^however, That aditional proofs may be^required at any time within the period^prescribed by law, and that the claims^or entries made under this or any pre-^ceeding act shall be subject to contest,^as provided by the law relating to^homestead cases, for illegal inception,^abandonment, or failure to comply^with the requitements of law, and^upon satisfactory proof thereof shall^be canceled, and the lands, and moneys^paid therefor, shall be forfeited to the^L'aited States.
Sec.8. That the provisions of the^act to which this act isan amendment,^and the amendments thereto shall ap^^ply to and be in force in t tie State of^Colorado, as well as the states named^in the original act: and no person shall^be entitled to make entry of desert^land except he he a resident citizen of^the state or territory in arnica the^land sought to be entered is located.''^Sec. S. That section 22S8 of the Re^^vised Statuues be amended to read as^follows:
Sec.2288. Any bona fide settler^under the pre-emption, homestead, or^other settlement law shall have the^right to transfer, by warranty against^hi*own acts, any portion of his claim^for church, cemetery, or school pur^^poses, or for the right of way of rail^^roads, canals, reservoirs, or ditches^for irrigation or drainage across it;^and the transfer lor such public pur^^poses shall in no way vitiate the right^to complete and perfect the title of his^claim.
8ec.4. That chapter 4 of title X XXII^excepting sections 227.^), 2270, 22H^iot^the Keviaed Statutes of the I'nited^States, and all others allowing pre^^emption of the public lands of the^United States, are hereby repealed, but^all bona fide claims lawfully initiated^before the passage of this act, under^any of said provisions of law so re^^pealed, may be perfected upon due^compliance with law in the same mini^ner, upon the same terms and condi^^tions, and subject to the same limita-^tions, forfeitures, and contests, as it^this law had not been passed.
Sec.5. That,sections228itand 8890,^in said chapter numbered 5 of the Re^^vised Statutes, lie and the same are^hereby, amended, so that they shall^read a6 follows:
Sec.2289. Every person who is the^head of a family, or who has arrived^at the age of twenty-one years, and is^a citizen of the United States, or who^has tiled his declaration of intention^to become such, as required by the^naturalization laws, shall he entitled^to enter one quarter-section or a less^quantity, of unappropi iated public-^lands, to be located in a body in con^^formity to the legal sub-divisions of the^public lands; but no person who is the^proprietor of more than l^JO acres of^land in any state or territory shall ac^^quire any right under the homestead^law. And every person owning and re^^siding on land may, under the provis^^ions of this section, enter other land^lying contiguous to his land, which shall^not, with the land so already owned^and occupied, exceed in the aggregate^160 acres.
Sec.2290. That any person apply^^ing to enter land under the preceeding^section shall first make and prescribe
beforethe proper officer and tile in the^proper land office an affidavit that he^or she is the head of a family, orisover^twi nty-on^ yearn of age, and *!^at such^application is honestly and in good^faith made for the purpose of actual^settlement and cultivation, and not^for the benefit of any other person, per^^sons, or corporation, and that he or^she will faithfully and honestly endeav^^or to comply with all therequirements^of law as to settlement, residence, and^cultivation, necessary to acquire title^o the land applied for; that lie or she^is not acting as agent of any person,^orporation, or syndicate, in making^such entry, nor in collusion with any^person, corporation, or syndicate, to^give them the benefit of the land en^^tered, or ony part thereof, or the tim^^ber thereon; that he or she does not^pply to enter the land for the purpose^of speculation, but in goodfaitlt to ob^^tain a home for himself or herself, and^hat he or she has not directly or indi^^rectly made, and will not make, any^agreement or contract in any way or^manner, with any person, or persons,^corporation, or syndicate whatsoever,^by which the title he or she might ac^^quire from the government of the^United States should inure, in whole or^n part, to the benefit of any person,^except himself or herself; ami upon til^^ing such affidavit with the register and^receiver on payment of $.^^ when theen-^ry is not more t han SO acres, and on^payment of $10 when the entry is for^more than SO acres, lie or she shall^thereupon be permitted to enter the^amount of land specified.
Sec.0. That section 2301 of the Re^^vised Statutes be amended to read as^follows:
Sec.SMI. Nothing in this chaptei^shall be so construed as to prevent^any person who shall hereafter avail^itinself of the benefits of section 8888^rom paying the minimum price for the^piantity of land so entered at any time^after the expiration of fourteen calen^^der months from the date of such en^try, and obtaining a patent therefore^upon making proof of settlement and^of residence and cultivation for such^period of fourteen months,' and th^provisions of this section shall apply^to lands on the ceded portion of the^Sioux reservation, by act approved^March 2, 1889, in South Dakota, but^shall not relieve said settlers from any^payments now required by law.
Sec.7. That whenever it shall appear^to the Commissioner of the General^Land office that a clerical error has^been committed in tha entry of any of^the public lands, such entry may be^suspended upon proper notification to^the claimant, through the local land^office, until the error has been cor^rected; and all entries made under the^pre-emption, homestead, desert-land^or timber-culture laws, in which lina^proof and payment may have been^made and certificates issued, and to^which there are no adverse claims ori^^ginating prior to final entry, and which^have been sold or encumbered prior to^the first day of March, 1888, and after^final entry, to bona fide purchasers or^incumbrancers, for a valuable consid^^eration shall, unless upon investigation^by a government agent fraud on the^part of the purchaser has been found,^be confirmed and patented upon pre^^sent at ion of satisfactory proof to the^land department of such sale or incum^^brance: Provided, That after the lapse^of two years from the date of issuance^of the receiver's receipt upon the final^entry of any tract of land under the^homestead, timber-culture, desert-^land, or pre-emption laws, or under^this act, and when there shall be no^pending contest or protest against the^validity of such entry, the entry man^shall be entitled to a patent conveying^the land by him entered, and the same^shall be issued to him; but this pro^^viso shall not be construed to require
ieissuing ot a
ofsaid entry beiore tl^patent therefor.
Sec.S. That suits l^y the United^States to vacate and annul any pat^^ent heretofore issued shall only be^brought within five years from the^passage of this act, and suits to vacate^and annul patents hereafter issued^shall only be brought within six years^after the date of the issuance of such^patents. And in the States of Colo^^rado, Montana, Idaho, North Dakota^and South Dakota, Wyoming, and in^the district of Alaska and thegoldand^silver regions of Nevada, and the Ter^^ritory ol Utah, in any criminal prose^^cution or civil action by the I'nited^States for a trespass on such public^timber lands or to recover timber or^lumber cut thereon, it shall be a de^^fense if the defendant shall show that^the said timber was so cut or removed^from the ti inner lands for use in sueli^state or territory by a resident there^^of for agricultural, mining, manufac^^turing or domestic purposes, and has^not been transported out ot the same:^but nothing herein contained shall ap^^ply to operate to enlarge the rights of^any railway company to cut timber^on the public domain: Provided.That^the secretary of the interior may make^suitable rule.- and regulations to cany^out the provisions ot tins section.
BSC8. That hereafter no public^lands ot the Limed States, except^abandoned military or other reserva^^tions, isolated and disconnected trac-^tional tracts authorised to he sold by^section 8456 ol the Revised Statutes,^and mineral an J ol her lands the sale^of which at public auction lias been^ant hori/.ed hy acts of congress of a^special nature having local applica^^tion, shall be sold at public sale.
Sec.10. That nothing in this act^shall change, repeal or modify any^agreements or treaties made with any^Indian tribes for the disposal ol their^lands, or of land ceded to the I'nited^States to he disposed ol for the benefit^of such tribes, and the proceeds there^^of to he placed in the treasury of the^I'nited States; and the disposition of^such lands shall continue in accord^^ance with the provisions of such treat^^ies or agreements, except as provided^in section B of this act.
Sec.11. That until otherwise or^^dered by congress lands in Alaska may^be entered for townsite purposes, for^the several use and benefit of the occu^^pants of such townsites, by such trus^^tee or trustees as may be named b'y^the secretary of the interior for that^purpose, such mm l ies to be made un^^der the provisions of section 23S7 of^the Revised Statutes as near as may^be; and when such entries shall have^been made the secretary of the in^^terior shall provide by regulation for^the proper execution of the trust in^favor of the inhabitants of the town-^site, including the survey of the lands^into lots, according to the spirit and^intent ot said section 2387 of the Re^^vised Statutes, whereby the same re^^sults would be reached as though the^entry had been made by acounty judge^and the disposal of the lots into such^townsite, and the proceeds of the sale
thereof had been prescribed by the
legislativeauthority of a state or ter^^ritory: Provided, that no more than
540acres .-nail be embraced in one^townsite ent ry.
Sec.12. That any citizen of the^United States twenty-one years of age.^and any association ot men cit '/^^!^^,^and any corporation incorporated un^^der the laws of the I'nited States or of^any state or territory of the I'nited^States now authorized by law to hold^lands in the territories now or here^^after in poSMMMM of and occupying^public lands in Alaska for the purpose^of trade or manufact ui es, may pur^^chase not exceeding LOO acres to be^taken as near as practicable in a^square form, of such land at S2..^^^'per^acre: Provided, That in case more^than one person, associat ion or cor^^poration shall claim the same tract of
personhaving
landthe^porat ion^eason of poss^occupation sh;i^hase the same
nssoci.ition or cor-^g the prior claim by^^s-ion and continued^II be entitled to pur-^but the entry of no
Primbylovgroup or the seal islandsof^Alaska shall be subject to sale under^this act; and the United States re^^serves, and there shall be reserved in^all patents issued under the pro^visions of the la-' two preceding sec^tions, the right of the United States to^regulate the taking of salmon and to^do all things necessary to protect and^prevent the destruction of salmon in^all the waters of the lands granted fre^^quented by salmon.
Sec.15. That until otherwise pro^^vided by law the body of lands known^as Annette islands, situated in Alex^^ander Archipelago in Southeastern^Alaska, on the north side of Dixon's^entrance, be, and the same ia hereby,^set apart as a reservation for the use^of the Metlakahtla Indians, and those^people known as Metlakahtlans who^have recently emigrated from British^Columbia to Alaska, and such other^Alaskan natives as may join them, to^be herd and used by them in common,^under such rules and regulations and^^abject to such restrictions as may be^prescribed from time to time by the^secretary of the interior.
Sec.Hi. That townsite entries may^be made by incorporated towns and^cities on the mineral lands of ^re^I'nited States, but no title shall be^acquired by any such towns or cities^to any vein of gold, silver, cinnabar.^Coops* or lead or to any valid mining^claim or possession held under exist^^ing law. When mineral veins are pos^^sessed within the limits of an incor^^porated town or city, and such pos^^session is recognized by local author^^ity or by the lawsof the I'nited States,^the title to town lots shall be subject^to such reco^ni/od possession and the^necessary use thereof, and when entry^has been made or patent issued for^such townsites to such incorporated^town or city, the possessor of such^mineral vein may enter and receive^patent for such mineral vein and the^surface ground appertaining thereto:^Provided, That no entry shall bemad*^by such mineral vein claimant for sur-^lace ground where the owner or occu^^pier of the surface ground shall have^had possession of the same before the^inception of the title of the mineral^vein applicant.
Sec.17. That rerer voir sites located^or selected and to be located and se^^lected under the provisions of ^An act^making appropriations for sundry^civil expenses of the government for^the fiscal year ending June 30, 1889,^and for other purposes,^ and amend^^ments thereto, shall be restricted to^and shall contain only Su much land^as is actually necessary for the con^^struction and maintenance of reser^^voirs: excluding so far as practicable^lands occupied by actual settlers at^the date of the location of said re er-^voirs, and that the provision of ^An^act making appropriations for sundry^civil expenses of the government for^the fiscal year ending June 30, 1891,^and for other purposes,^ which reads^as follows, namely: ^No person who^shall, after the passage of this act, en^^ter upon any of the public lands with^a view to occupation, entry or settle^^ment under any of the land laws, shall
bepermitted to acquire title to more
than320 acres in the aggregate under^all said laws, shall be construed to in^^clude in the maximum amount of^lands the title to which is permitted^to be acquired by one person only ag^^ricultural lands, and not to include^lai.ds entered or stouphL to bw anCarad
undermineral land laws.
Sec.18. That the right of way^through the public lands and reserva^^tions of the United States is hereby^granted to any canal or ditch com^^pany formed for the purpose of irriga^^tion and duly organized under the laws^of any state or territory, which shall^have filed, or may hereafter file, with^the secretary of the interior a copy of^its articles of incorporation, and due^proofs of its organization under the^same, to the extent of the ground oc^^cupied by the water of the reservoir,^and of the canal and its laterals, and^50 feet on each side of the marginal^limits thereof; also the right to take^from the public lauds adjacent to the^I
forthe construction,^and care of such canal
benecessary^maintenance,^or ditch.
Sec.22. That the section of land re^^served for the benefit of the Dakota^Central Railroad Company on the west^bank of the Missouri river, at the^mouth of Bad river, as provided by^section 16 of ^An act to divide a por^^tion of the reservation of the Sioux^Nation of Indians in Dakota into sep-^erate reservations, and to secure the^relinquishment of the Indian title to^the remainder, and for other purposes,'^approved March 2. 1889, shall be sub^^ject to entry under the townsite law-^only.
Sec.23. That in all cases w here sec^^ond entries of land on the Osage In^^dian trust and diminished reserve^lands in Kansas, to which at the time^there were no adverse claims, have been^made, and the la wcomplied with as to^residence and improvement, said en^^tries be, and the same are hereby,con^firmed, and in all cases where persons^were actual settlers and residing upon^their claims upon said Osage Indian^trust and diminished reserve lands in^tjie State of Kansas on the 9th. day^of May, 1872. and who have made^subsequent pre-emption entries either^upon public or upon said Osage Indian^trust and diminished reserve land-,^upon which there were no legal prior^adverse claims at the tune, and the^law complied with as to settlement .^said subsequent entries be, and the^same are hereby, confirmed.
Sec.24. That the president of the^United States may from time to time^set apart and reserve, in any state or^territory having public land bearing^forests, in any part of the public lands^wholly or in part covered w ith timber^or undergrowth, whether of commer^^cial value or not, as public reserva^^tions; and the president sbavU, bv pub^lie proclamation, declare Um^atablish-^merit of such reservations and the^limits thereof.
TheNew Eitray Law.
person, association or corporation^hall include improvements made by^or in possession of another prior to^the passage of this act.
Sec.18. That it shall be the duty^of any person, association or corpo^^ration entitled to purchase land under^this act to make an application to the^I'nited St ates marshal, ex-otticio sur^^veyor geiierol of Alaska, for an esti^^mate of the cost of making a survey^of the hinds occupied by such pel sou,^associat ion or corporation, and the^OSk of t he clerical work necessary to^be done in t he ollice ol t he said United^States marshal. e\-ollicio surveyor^;eneral; and on the receipt of such es^^timate from the United States mar^^shal, ex-cmicio surveyor general, the^aid person, association or corpo^^ration shall deposit the amount in n^l'nited States depository, as he is re-^piired by section numbered 2 101, Re^^vised Statutes, relating to deposits for^surveys.
Thaton the receipt by the United^States* marshal, ex-otlicio surveyor^general, of the said certificates of de^^posit, shall employ a competent per^^son to make such survey, under such^rules and regulations as may be^adopted by the s cretary of the in^terior, who shall make his return of^his field notes and maps to the office^of the st-id I'nited States marshal, ex-^otlicio scrveyot general; and the said^I'nited States marshal, ex-otlicio stir^veyor general, shall cause thesaid field^notes and plats of such survey to bt^examined, and, if correct, approve tht^same, and shall transmit certified cop^les of sucji maps and plats to the office^of the commissioner of thegeneral land^office.
Thatwhen the said field notes and^plats of said survey shall have been^approved by the said commissioner of^thegeneral land office, he shall notify^such person, association or corpora^^tion, who shall then, within six mouth^after such notice, pay to the I'nited^States marshal, ex-officio surveyor^general, for such land, and patent^shall issue for the same.
Sec.14. Thatnoneof the provisions^of the last two preceding sections ot^this act shall be so construed as to^warrant the sale of any lands belong^ing to the United States which shal^contain coal or the precious metals, or^any townsite, or which shall be occu^pied by the United States for public^purposes, or which shall be reserved^for such purposes, or to which the na^tives of Alaska have prior rights by^virtue of actual occupation, or w hid^shall be selected by the United States^commissioner of fish and fisheries on^the islands of Kadiak and Afognak for^the purpose of establishingfish-culture^stations. And all tracts of land not^exceeding 040 acres in any one tract^now occupied as missionary station^in the said district of Alaska are here^by excepted from the operation of th^last three preceding sections of th;
neof the canal or ditch, material,^earth and stone necessary for the con^^duction of such canal or ditch: Pro-^ideil, That no such right of way shall^be so located as to interfere with the^proper occupation by the government^of any such reservation; and all maps^of location shall be subject to the ap^^proval ot the depart ment of the gov^^ernment having jurisdiction of such^esei vation, and the privilege herein^ranted shall not be construed to in-^erfere with the control of water for^irrigating and other purposes under^iiithority of the isspective states or^territories.^s^c. lit. That any canal or ditch^oinpauy desiring to secure the benefit^of this act shall, within twelvemonths^alter the location of 10 miles of its^anal, if the same be upon surveyed^land, and if upon unstirveyed lands^tit bin twelve months after the survey^hereof by the United States, file with^the register of the land office for the^lief rig I where such land is located a^map of its canal or ditch and reser^^voir; and upon the approval thereof^by the secretary of the Interior the^same shall be noted upon the plats in^said office, and t hereafter all such lands^over which such rights of way shall^pass shall be disposed of subject to^such right of way. Whenever any per^^son or corporation, in the construc^^tion of any canal, ditch, or reservoir,^injures or damages the possession of^any settler on the public domain, the^party committing such injury or dam^^age shall be liable to the party injured^for such injury or damage.
Sec.20. That the provisions of this^act shall apply to all canals, ditches,^or reservoirs, heretofore or hereafter^constructed, whether constructed by^corporations, individuals, or associa^^tions of individuals, on the filng of^the certificates and maps herein pro^^vided for. If such ditch, canal, or res^^ervoir has been or shall hereafter be^constructed by an individual or an as^^sociation of individuals, it shall be^sufficient tor such individual or asso^^ciation of individuals to file with the^secretary of the Interior, and with the^register of the land office where such^land is located, a map of the line of^such canal, ditch, or reservoirs, as in^case of a corporation, with the name^of the individual owner or owners^thereof, together with the articles of^a-sociatio'n, if any there be. Plats^heretofore filed shall have the benefits^of this act from the date of their filing,^as though filed under it: Provided,^That if any section of said canal or^ditch shall not be completed within^five years after the location of said^section, the rights herein granted shall^be forfeited as to any uncompleted sec^^tion of said canal, ditch, or reservoir^to the extent that the same is not^completed at the date of the forfeiture^Sec. 21. That nothing in this act^shall authorize such canal or ditch^company to occupy such right of way^I except for the purpose of such canal
Thefollowing esti ay law was pjejeejej^by thegeneral assembly:
Section-1. That the board of stock^commissioners, be and it is hereby au^^thorized, to take possession of all es-^tray horses, mares, geldings, colts,^mules and asses found I ^^Iling ^ I large^upon the public domain and to dispose^of the same subject to the following^restrictions:
Set.2. For the purpose of carrying^this act into effect said board of stock^commissioners, shall divide the state^into suitable districts, and as the oc^^casion may require, shall appoint some^person in each of said districts whose^duty it shall be to take into his posses^^sion all such estrays found in his dis^^trict.
Sec.3. Such person so appointed for^said purpose shall hold the estrays so^collected hy him in his possession, and^care for the same in the best and most^practical manner, for a period of forty-^two day s from the t ime all such estrays^have been taken into possession, dur^^ing which time said estrays shall be
advertisedin one paper within the dis^^trict where such estrays shall be held,^and in one general stock paper of the^state once a week for the period of four^consecutive weeks, which notice shall^be in form as follows:
Noticeis hereby given that I have^tjUou into my possession the follow ins^estrays (here describe the animals) and
thatI hold the same at
in the county of
and State of Montana.
Sec.4. At the expiration of thesaid^forty-two days all animals not claimed^by the owner or owners thereof shall^be sold by the board of stock commis^^sioners in such manner, and at such^time and place, as such board shall^deem best. At the time of said sale^said board shall cause all animals to^be branded w ith a brandto be adopted^by said board, which shall be vent^against all other brands on said ani^^mal.
Sec.5. Said board shall keep on file^in its office a record giving as near as^may be its age, color, sex and brand^of all animals sold under this act, to^^gether \^ ith the gross and net amount^realized for thesaine, which net amount^shall be held by said board, subject to^the order of the rightful owner when^such ownership is proven to the satis^^faction of said board.
Sec.6. The board of stock comuiis^sioners shall file semi-anuualy a copy^of the report of such animals sold dur^^ing the proceeding six mouths w ith the^secretary of state and each of the^county clerks of the state, and^board of stock commissioners shall^also make such record a part of their^annual report to the governor.
Sec.7. All expense attending tin-^gathering, holding, advertising and^selling of such estray animals shall be^paid out of the gross proceeds of the^sale of such animals and so much ol^the net proceeds of the sale as is not^claimed within the period of two years^after such sale, shall be covered by the^board of stock commisioners into the^state treasury and become a par: of^the state inspector and detectivefund.
Sec.8. It is hereby made a misde^^meanor for any unauthorized person^to take up or in any manner hold any^estray animal except in the manner^now provided by law for trespassing^animals, and any person so doing con^^trary to the provisions of this act^shall be, upon conviction thereof, lined^in the sum of not less than twenty-five^dollars nor more than one bundled^dollars, or be imprisoned in-thecounty^jail not less than ten nor more than^sixty days, or shall be subject to both^such fine and imprisonment.
Sec.9. Any estray within the mean^^ing of this act shall be considered an^animal that, after inquiry by the in^^spector or the person herein provided^for to be appointed by the board of^stock commissioners in each of said^listricts, among reputable stock ow n^^ers and freeholders is found to be ap^^parently without ownership in that^locality.
JerryCame Out for Reciprocity.
Washington,Feb. 24.^^Is it true^that you don't wear socks^ Won't^you let me see, please^^ said a pretty^woman, who thus addressed sockless^Jerry Simpson at the capitol yester^^day, glancing at the latter's feet.
Madame,^replied Simpson gravely^^I'm a believer in reciprocity. Do you^wear socks^ If you'll show me yours^I'll show you mine.
Thelady said ^Oh, my!^ and fled.
act. No portion of the islands of the | or ditch, and then only so far as may
Fathomless.
Whatis the deepest depth of ignor-^auce^^asked the philosopher,musingly,^and the man of the world made haste^to answer: ^It is the ignorance dis^^played by a railway official when there^has been a wreck on his road. ^^St.^Joseph News.
