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VOL. II. NO. 2.
COLBY, THOMAS COUNTY, KANSAS, THURSDAY, MARCH iS, 1S86.
51.50 PER YEAR.
' - .
-THE THOMAS COUNTY CAT.
Colby Union Sunday School meets everv
Sunday at 10 a. m.
Preaehinjr at 11 a. m.
Sinjnnjt at 7:30 p. m.
Preaching at 8. p. m.
Services held in Mr. Bean's Hall. All are
invited. "Whosoever will may eoiue."
. E. A. CUOUSE, Pastor.
Real Estate Agents,
CSTme claim1 for ale. Locating done.
AJ1 kii!d of land business promptly attended.
Money To Loan en Real Estate
I. O. O. F.
Svmlijrht Lodire No. 273. meet reeularly every
Tuesday eenin;? at Bean's Hall, at 7 o'clock
p.m. Allmembcn of the order are cordially
Invited to attend.
i lerk .Tame N. Fiko.
Treasurer N. D. Bean.
Uegi-terof Deed lohn W. Irwin.
Superintendent Public JiiVt W. W. Walker.
ltopreeiitiiti e W. H. Copelaud.
Attorney W. (i. Porter.
Slionfl W. H. Kingery.
Probate .TiuUc -M. L. Laccv,
Clerk District Court E. J. P.iine.
Sureor T. P. Chambers.
Coroutr M. Mcf5re-y.
j Frank Pmjrree, Ch'n.
Commissioner M. W. Witham.
( H. T. Hemuiif.
w. a. POUTER,
Attorney at Law
tfiTWll land business pi oinptly and accurate
ly done and ai&faetion guuniiited.
H. E. WELD,
Attorney & Counselor
Will practice befoie U. S. Land Oflioe at
.berlin. or before the jrcneml land otlice at
Washington, and in nil State and tcderal
2ourt. Ucal estate and commercial law a
fcaSTOaice, west side, over Central Drug: Store.
Law, Loan and Land Office of
WILLC0X0X & 1I0VKY,
Do asreneral law buMne. Deedwl and
fo'iool land for -.ilw. Mon.v to loan o clmt
tel or real eUUu sc-cunty. Corrcpmidciice
Olhce. Cor. Fr..uklin A v. und 3d St.
GEO. W. (JOODSOE.
Attorney and Counselor atlaw.
"'BearE'.tate boujrht :i"d -old. Moner
loaned 011 chattel and iviil e-lute M.c!iutv.
J. J. SEARS & SONS,
Real Estate Agents,
OAKLEY. ST. JOHN CO.
St. John county, L P. It. It., where all trains
-top. We are doing a general land business.
Locating in Thoma.- and St. John counties
inadi- a -pcci.ilt. . All kinds of land business
.7011X A. WALKER,
Livery & Feed Stable
Good ris and plenty of
Stabling and Feed.
Omen ovk ai.i.kn
r?-A good -eleet:on of fresh groceries
currj -ome clothing and dry floods.
OTJ'ERBOUKNK, - KANSAS.
W, R. SMITH
Fit vn'K PiNfiuu, Notary Public. Colbj. Kan
"L. W. Cox. Collector, Ooib., Kiin-a-..
PlNCrREE & COX.
Wo have choice farms and wild hinds In Ne
braska, al-o scnool and deeded hind- in Ihoin
Hscouutv. Knuni. Locating done in rtio.nas
and Sheridan counties promptly and nccu-rately.
ALLING & CASE,
Real Estate Agents.
Tocatlnsr done in Thomas and Sherman
connUes School atid deeded lands for bale.
Olhco at Commercial Hou-e.
The liost uvadt't, always on
hand at the lowest prices.
Seeond door uortii of Cat OJlite. Colin. Kan.
RAWLINS - COUNTY - HANK.
11. A. HENDRICKS.
Negotiate-loans on real 1 tate its Thomas,
Itaujui- nd ( hej 0:1110 comities.
C-Ii.-y tenn-and (juiek return.
MANUFACTUREH OF ROOTS & SHOES.
All the latest stj le- In pezed and se ed
shies and boots, ltepairiup promptly
and neBtH-oiecuted. Havl.ijr had sever
al years experience in thebusiness, I can saie
ly Kuarantoe satisfaction,
First Door F.astof A. J. Allen's. Colby.
Contractor & Builder,
Jobs solicited, estimates furnished for all
kinds of buildinjrs. 1 ha now Rot inyMioii
in running ortl.-r. Scroie sa-.x mc and bracket
work a specialty.
A. S, BLYMER.
St. 1 01 in County. Kansas.
Does a general land business in
St .John and Thomas counties.
Attends to contests and other besi
ness before the V. S. Land Office.
Will locate settlers on government
J. A. CASTOR,
Contractor & builder.
Estimates furnished and satisfation
guaranteed. Parties desiring to build
will do well by calling on me bofore
lotting the contract 1
City Meat Market !
T. 1. FEEIIAX.
Fresh and cured meats for sale at all
05BORX & 3IONROE,
Real estate Aff'ts
Shop first door north of the Cat
office. General blacksmithingdone.
Breakimr plow put up. Ifjouwant ajrood
breaker call and ee the Kana Clipper man
ufacturwl bv VAXCE BROS, at Colby. Kau.
Horpshopinc-done. New Lays made. You
that have old plows to be repaired should
come In at once. All work guaranteed to give
satisfaetton r money refunded.
Give us a call.
W. R. SMITH,
ALL KINDS OF WAGON WORK
Material Always on Hand
Opinion of the Attorney General.
Attorney General Bradford has fur
nished State Superintendent Lawhead
the following opinion of importance
to settlers ot Kansas:
"That by senate bill No. 20, which
took effect February 13, 18SG, section
I, article 14. chapter i2, complied
laws was amended so as to nrohibitr
the sale of school lands until three
years after the organization of the
county in which the land lies, The
poini has been made that this proviso
only applies to counties unorganized
at the time of the passage of the act.
In this I do not concur. I think it
applies to newly organized counties as
well, in fact to all counties in the
state, and prohibits the sale of all
school land until three years after the
organization of the county without
regard to its condition, organized or
unurgumzeu, at uie time or tue pas
sage of this act. Proceedings pend
ing at the time of the passage of this
act will be saved from its operation
by chapter 104, section 1. To he
-a preceding pending" means a ju
dicial proceeding. A petition by a
settler appraised value uendinir in
the probate court to the time of the
passage of this act would be such a
Appraismen t and advertisement by
county treasurer would not be a pro
ceeding pending. It is not of a judi
cial natiue. Land not included in
petitions pending in the probate court
cannot be &old, though previously ad
vertised. By house bill No. 4. which took ef
fect February 10th, section 4, article
14. chapter 92, compiled laws, is
amended bo as to require additional
facts to be alleged and proved in ami
under petitions in the probate court.
A six months residence is required,
anil such residence must have been
exclusive of a residence or home in
any other place.
improvements to the amount of
6100, including a permanent dwelling,
are iequired to have been made prior
tj the appraisment.
The petition must aver and the peti
tioner must pioe that he has not be
fore token school land to the amount
of one quarter section.
Notice in a newpaper of the pre
sentation of the petition i lequhcd.
In the hearing o all petitions before
the probate court since the passage of
this amendment, this act must be com
The facts therein required to be
shown and found must be found by
piobate court in order to entitle the
petitioner to purchase the laud. In
case where the land was occupied bv 1
a settler actually residing on the land,
but who has not resided thereon for
six months, it is piovided that such
land shall not be brought into market
until six months after the commence
ment of sich settlement and improve
ments. Land appraised and occupied by a
settler but not for six months prior to
the appraisement cannot be sold by
the treasmer at auction or in any
other war until after the six months
necessary to entitle the settler to pur
chase. 3Ir. Kclley asks, "supposing a
settler complies with house bill o. 4
and gets his certificate of purchase
from the probate judge, can I refuse
to sell him the land?" The auestion
is asked in regard to unorganized
counties, and the answer is, thvt if the
probate court when senate bill No. 20
took effect, the treasurer should re
ceive the money and the clerk should
it sue certificate, but if such petition
was not then pending the treasurer
should refuse to take the money, as I
there would then be no authority toj
sell school land in the unorganized'
He further supposes -a settler had
his certificate ot purchase from the
probate judge, (he means the finding
tuatpetition is true) dated prior to the
passage of senate bill No. 20, can I
refuse to sell the land, he having com
plied with the old law? ' This, as
will be seen from the prcceeding re
marks, will be answered '"No."
Again, supposing parties had settled
on land under the old law and had ap
plied to the probate judge for a cer
tificate of purchase, and the case had
been appointed for hearing, so that
the time lasped over into the new law,
how am I act? If this question re
lates to the power to sell land in the
unorganized counties, considering
senate bill No. 20, it is already
answered. If it relates to the method
and quality of proof required in pro
ceedings pending, considering house
bill No. 4, will say, if purchaser's'proof
was satisfactory and sufficient, when
the petitions were filed in the probate
court, it will be sufficient now. In
other words, these proceedings con-
uuue unaneciea ojine cnange in tne
struction above referred to. Chapter
104, corporation laws.
1 think that I have fully covered
the points raised by Mr. Kolley and
yourself, and upon which you de
sired my opinion.
Very Respectfully Yours,
0. B. Bradford, Atty Gen.
DIGEST OF LAND DECISIONS.
Compiled by 8. W. Snow, Larrd At
torney, Washington, D. C.
Second Filings and Entries.
The Department will not consider a
petition for restoration of the right to
file for, or enter land, unless accom
painied by application for some speci
fic tract. Secretary to Commission
er. Jan. b, iSSO, case of Fremont S.
Settlement and Residence As
the settlement, residence and cultiva
tion by the homestead party were
made with due notice of the bona fidi
claim and occupation of another, no
rights were acquired thereby. Secre
tory to Commissioner. Jan. S, 18SG,
case of Caldwell vs. Garden.
Residence.- To constitute residen
ce there must be inhabitancy, either
actual or constructive; and such in
habitancy must exist in good faith,
and be exercised to the exclusion of a
home elsewhere. Residence is not es
tablished or mantained bv occasional
visits to the land. Secretory to Com
missioner, Jan. f. ISSli, case of Nelson
Illegal Relinquishmen . The
relinquishment on which the filing w:i
cancelled, having been procured
through duress, was void, and the fil
ing is therefore reinstated. Secretary
to Commissioner, Dec. 9, 1 SS.l.
' 'Pre-emption Filing. A filing,
without previous settlement, is a
nullity, and in no way interferes with
subsequent disposal of tke land, nor"
can it be perfected even in the ab
sence of an adverse claim. Commis
sioner. R. and R., Fargo. Dakota, Jan.
Townsite Settlement, Residence, i
A filing is not an essential to the
right of purchsiug under section 2382
revised statutes. Residence must be
shown to establish the right of pur
chase accorded to the -actual settler."
After showing qualifications to enter
the first lot and entry for an additional
lot may be allowed, upon which sub
stantial! improvements have been
made. Commissioner to R. and R..
La Grande, Oregon, Oct. 15, 1884,
Affirmed by Secretary, Jan. 23, 1S36.
ENNIS & NEIL'S CHEAP CASH STDRF.
MONUMENT SIDING, St John County, Kan.
Seven Miles Nearer than Cleveland
prices go. Save money by
Groceries, provisions, hardware, stoves, tinware, queensware,
uoots, snoes, nats, dry goods, blankets, comforts, etc.
LUMBER, LIME AND FEED.
Best lump coal from $6.00 to $6.50.
Rock Spring Coal Constantly on Hand.
Good Stabling for teams.
A car load of splendid Iowa potatoes. We are sole agents
for the celebrated Star windmill, tubular well supplies and
deep well pumps.
m err tw V -90
Iron, nails, steel,
stock barb wire,
law, by virtue of the statute of con-
Buy a Home.
Jt should be the first ambition of
every man to own a home of his own.
The man who rents a house for his
little family, other thiugs being equal,
is a better citizen than the man who
has no family, and b- the same
reasoning which makes this true, the
man who has a family and owns his
own home is a better citizen than the
man who rents. 1 he man who owns
his home is rooted to the soil like a
tree and becomes a fixtuie in the com
munity in which he lives. He owns a
part of the town that he lives in and
to the fwtent of ownership is interes-
t d in its prosperity and growth.
When the town grows his property in
creases in value and thus he grows
with his neighbors, and it is this in
terest in common with the other home
owners that makes him a desirable
citizen. After he gets his home the
adversa -winds that blow over the town
shakes his tree with the rest, the warm
rains and bright sunshine that makes
the other trees grow, sends his Iree
heavenward likewise. He readily
sees that it is to his interests to patro
nize the institutions of bis own com
munity, as it is in that way that cities
are built "When he builds a house he
lets the contract to home builders as
they wiil in turn patronize him. When
he furnishes his house he applies to a
home dealer for the sams reason, and
so the good work goes on. Young
mail, get a home of your own if it has
but'oneroom. Become a tax payer
with the others and thereby secure the
Tight to be regarded as a part of the
corararihity in which you livc-Leavcn-worth
Harness and Harness Goods, Robes, Etc.
'""Everything sold at bottom prices. Harness shop and tin shop in
connection. Repairing promptly and neatly done. Call and examine goods
HOWELL LUMBER CO.
Have opened a yard in Colby and keep constant
ly on hand a full and complete stock of
Ml? ftaSh I),
ft JL ' KJ t wj;
us a call and
prices are the lowest.
be convinced that our
Central Drug Store.
MAKES A SPECIALTY OF
Pure Drugs and Medicines
Everything in our line of the best obtainable.
When you are m need of paints, oils, per
fumes, stationery and all kinds of fancy no
tions. Don't forget to give our house a" call.
M. T. Rowlaxd, Prop.
A. W. Patchin, Manager.
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