The Mitchell capital., December 18, 1885, Image 1

About The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918

Image provided by: South Dakota State Historical Society – State Archives

                
'OMME
Subscription Rates.
e.cppy, one year, lit ndvnnco
e'copy, six months,
Dakota.
$2.00
To Advertisers.
"'dvortfslng rates given on application, and
11
be found reasonably low.
uslness Cards, not exceeding six lines, S5.00
year. Each additional line,
$1.00
ashless locals. Ten Cents per line for the
Insertion, and Five cents per line for each
"equent insertion.
Til Advertisements at Statute llates,
3
of Thanks, Ten Cents per line.
lage and Death Notices published free of
sc. Obituaries, Resolutions of liespect and
ttihg presents, Five Centsier line.
BUSINESS CARDS.
A. J. WATERHOUSE,
MiNKY AT LAW. Will practice before
1 Territorial Courts. Mitchell, Dakota.
E. NELSON. FITCH,
rOKNEY AND COUNSEI-Olt. Legitimate
iw Business and Collections a Specialty.
In Silsby Black,
R. D. MARTIN,
TOItNEY AND COUNSELOU AT LAW,
tWlll practice in ail Territorial Courts and
the U. S. Land Ofllce. Contested Claims
spemlcd Entries a specialty. Oillee oppo
stoflice, Miteliell. Dakota.
CHARLES WINCHESTER,
I'ORNEY AT LAW and Land Agent. Loans
_egotiated: Contests a specialty. Forest-
EDWARD DEVY,
EAL ESTATE AND LOANS. Contests, Sus
"ended Etnrles and Impottant Cases before
Land Oflice a specialty. Mltcliell Dakota.
DILLON & PRESTON.
ORNKYS AND COUNSELOHS AT LAW,
"~ms t, and 3, Fii-st National Bank Build
Mitchell, Dakota.
A. E. HITCHCOCK.
frOKNEY AND COUNSELOR,
Mitchell, Dakota
J. N. CROW,
SrORNEY AT LAW. Real estate and loan
Broker, l'ractice before the U. S. Land
is, and all courts of Dakota. Mitchell, D. T.
C. V. PARNIELEE,
JtEOl'ATHIC PHYSICIAN AND SUR
StEON. Ofllce over Bank of Dakota. Gener
cry a specialty. Xight calls attended from
Mitchell, Dakota.
E. B. BRACY,
YSICIAN AND SURGEON. Chronic and
tivate diseases a specialty on Saturdays.
98
hours from
10
to
12
a. in. from
2
to 5 and
jfc7 to p. .111. Ofllce 011 Main street, over
(fs Drug Store Mitchell Dakota.
DM. J. L. ROBERTS.
AL, Operative and Mechanic ., 1
Sear the postofllce, Mitchell, Dakota.
vV)
A. H. DANIELS, M. D.,
tFICE hours 10-a. m. to 12111.:from 2 to 4 p.111.
jDlHce over Blakesley's Boot and Shoe Store,
piell, Dakota.
'V-i
R. F. DUNDAS, Nl. D.,
IYSICIANANDSURGEON. OilleeatGale's
pDrag Store. Residence in the Dr. Tatmait
~e, North Main Street.
S. J. MOORE,
SNTIST. All work warranted. Oflice in
|Letcber Block Mitchell, Dakota.
TRACY Ss HALVERSON.
linysloians and Surgeons, Ofllce and residence
(?jiver Well Bros.' store. Mitchell I). T.
JOHN TATNIAN, M. D.
bysician and Surgeon. Oflice in new Letcher
Block.
MRS. DR. TATNIAN
ijhll give free Examinations and Lectures 011
^female Diseases to all ladles, every Friday
t.Tatman's ofllce, Letcher Block.
BLANCHARD & HANNETT,
JTORNEYS AT LAW, Heal Estate and In
surance Agents. Will practice before the U.
£aud Oillee and all courts of Dakota. Sol
is' claims lor pension, bounty and discharges
fecuted. Loans negotiated. Office two doors
Kb of the Bank of Mitchell, up stairs.
H. J.. R..
STORNEY AT LAW. First National Bank
Building, Mltcliell, Dakota.
I. WINDLE, M. D.,
Bee Main Street, above Fourth, Residence
Sixth and Sanborn Streets.
H. J. BINGHAM,
pCHITECT AND SURVEYOR.
ireut- surveys and locating extinct corners
according to the lsitcst goveriiiiieuVf-v.v.
instructions a. specialty.
Ettchell
Dakota.
70 ROOMS.
ex. Mitchell House,
C. H. SHAW, Proprietor.
Stahell, Dakota.
pEW BARBER SHOP.
CHAS. PBIEST, Prop.
Sjlair Cutting, Ilair Dressing, Coloring, Shav
Dy|, Shampooing in tho beat style
ftned and kept in order,
pposito bt. James ilotel.
Razors
fchop on Main street
50
J. KIMBALL & CO.,
dealers in Hard & Soft Coal.
'f Yard just west of the Depot.
.esli slock, just stored of Titsburg, Indiana
ck, Illinois Lump, lowaLumpnnd Nut Coal
Pennsylvania llard Coal always in stock
crs for coal promptly lllled.
GEO. 3?. DIX
Dental Eooms—Mitchell, Dakota.
MjUpecially solicits the patronage of parties
I'JEj desiring
first
class work. Hesiiectl
Irelens to all former patrons and to the busii
ineu of the city.
hPure Gas for the painless eztraction of
Teeth manufactured daily.
Office in Hitchcock Block.
fORMSBY, CLUTE & CO.
I'* BANKERS,
rWestern Farm Mortg. Brokers,
Mitchell, Dak.
Tarnsaet a general banking business, Buy
and sell foreign and uomcstic exchange. l'ass
nge tiekets'to and from Europe 011 sale- l*ay in.
tercst 011 time deposits.
CONNECTIONS.
Ormsby, Clute & Co.,
EniinetsburK', Iowa.
Ormsby, Graves &Co.
Huron, Dakota.
Dr. Kellogg,
1.00
copy, three months BO
club with all the leiuiing publications in
country, at tlio lowest clul) prices.
All subscribers wishing tlieir address clmngcd
ould give their former as well as their new
Correspondence should boat the ofllcu as early
Monday.
DENTIST,
MITCHELL DAKOTA.
Dentistry in all its branches.
Oas administered and teeth extract
ed positively without pain, the most
sensitive teeth filled without the slight
est pain.
1 am now doing my own plate work,
and am prepared to furnish teeth on
short notice.
I have no Cheap John stock, but I
do keep the best material and will do
the best work at the lowest rates in
Dakota.
All work warranted and every one
shall be rightly dealt by.
The best city reference: office open
day and evening. Call at First Nation
al Dank Block over Champeny's Dry
Goods Store.
South Side Market!
GEO. HURLEY, Prop.
Fresh & Salt Meats, Poultry, etc.
CASH PAID I STOCK
OF ALL KINDS, 'if
Customers will be Served with the Best
and Satisfacrion Guaranteed,
15tf
Hillard & Martin.
aiBRIGK YARD.
Welinuo now on hand 150,000 brick of excel
lent quality. O11 the llrst of April, we will have
I11 operation new moeliinery for the manufacture
of
Briofe &»Til©,
Will contract to furnish first class brick In any
quantity and tile in large quantities only.
Yards 1% miles east of Mitchell.
Mitchell Sale Stables.
H. N. LEWIS
lias Just returned from Iowa with a car load of
farm horses, mares and raadsters, and
keeps a stable at Adam's barn,
jUSt east Of T.SSV:
FTJLLERTON'S LUMBER
YARD.
Tartics wishing to purchase horses on time can
be accommodated.
H. N. LEWIS,
I? Mitchell, Dakota.
I City Dray,
Baggage & Express
Line, v?
Wood and Kerosene Oil at
Wholesale Rates.
Gillespie & Co.
W. ABBEY,
Land and,,.Collection Agent.
Does a General Land and
lection Business.
Col-
Mitchell Dakota.
MITCHELL STEAM
Planing and Feed Mills,
J. C. BOTH Ic SON, Props.,!
RE-SAWING
BRACKET SAWING,
3 WOOD TURNING,
STAIR WORK.
Com Meal, Graham and Feed.
Grain Taken in Exchange
or Paid form Cash..
F. C. HOFFMAN.
Real Estate and Loans.
Deeded Lands For Sale,
Practice Before U. S. Land Office.
Onico
in
'J. S.
Land Office Building, up stairs,
Mil C1IELL. DAKOTA.
MITCHELL PACKING HOUSE.
Under aNew Firm.
"We take pleasure in intorminff the
tanners that we have bought out the
business of the late linn, and will be
prepared to buy your hogs at the high
est market price, ^bout the lirst week
in November.
Bring Your liogs Alive. rg|
WM. ,M. BAKER & CO.
JOHN LESLIE.
-Dealer in :1
Vegetable, Flower&
Field Seeds-
Flour cSb Feed
South Main St-
Mitchell Dakota.
TIME TO ACT.
A 0ALL FOR CIO-OPERATION
DAKOTA'S INTERESTS.
IN
MITCHELL FOLLY AROUSED
THE SUBJECT OF SPARKS'
RULINGS.
ON
A movement was set on toot in
Mitchell Thursday that should receive
the hearty Support and co-operation of
every farmer, banker, business man and
citizen in Dakota. It is a movement to
secure a concert of action that will
result in the v^t interests of the north
west and particularly this section re
ceiving justice at the hands of the
land department at Washington. The
recent decisions by the Commissioner
of the General Land Oflice and their
effect on the interests of every man,
women and child in Dakota need no
further elaboration. He who runs
may read. If the opinion of Mr. Sparks
is good law, particularly on the subject
of the issue of patients and the rights
under them, there is no stability to
values, no security for the hundreds of
thousands of dollars now loaned in
this Territory. There can be no ques
tion that Sparks' decisions would be
hooted out of any court in the country,
but the fact remains that itntil reversed
by a higher authority, they are law.
There is therefore no time to lose in
bringing this matter to the attention
of the administration and before con
gress in such a manner as to secure im
mediate relief.
In a number of interviews Thursday,
with representative men in every line
of business in this city, the REPUBLI
CAN found but one expression of senti
ment: That an organized movement
should be made at once to send repre
sentatives to Washington from every
part of the Territory, authorized to
present the matter in the strongest
possible light. Just how these repre
sentatives should be chosen is a matter
for further consideration. The sugges
tion was made that every county in
each land district should appoint dele
gates to a convention to be held in the
land office headquarters of the said dis
trict. Then let these delegates choose
each a district representative to go to
"Washington, and let contributions be
made to bef ray the expenses of these
men or, if thought best the district
conventions could send delegates to a
general convention, which should select
these representatives.
vThe
details are
not so important as the object in
view.
There are
len land districts in Dakota,
in each of which the interests involved
under these decisions are identical.
The sum of 8500 raised in each would
more than defray the expenses of its
representative, and it could be secured
without any difficulty.
Mitchell stands to-day ready to lead
off in this matter and calls on every
other town or community in this
district to co-operate with her and
not only in this district but in the
entire territory. The press of every
section should agitate this question
incessantly. It is not a party issue it is
not. a matter involving the interests of a
few as against the many it is a matter
that concerns every property owner in
the Territory, every store, every bank,
every day laborer, who has borrowed
money to prove up on his quarter sec
tion, and who is told now that the
transaction was fraudulent and he must
lose his claim. There can be no ques
tion ol the result in the end, but imme
diate action must be taken. Every
day adds to the demoralization of val
ues and the destruction ot securities.
That the position of the Commissioner
cannotbe established inlaw is proven by
the following extracts from a brief
compiled by the American Investment
Co:
The patent is not the title, but only
additional evidence oi the title. Wash
burn on Ileal Property, third edition,
sec. 526, vol. 3.
And this text writer further says:
"The granting ot a patent is a ministe
rial act it does not pass the title, but
is merely evidence that it has before
passed, the entry and payment of the
purchase money virtually has the effect
ot creating the title to lands purchas
ed."—Ib.
The certificate of the register ot the
land oflice that a purchase has been
made ot lands, is ot as high a nature as
a patent itsell. (Wash, on Real Prop
erty, sec. 527, vol. 3.)
A purchaser trom the United States
by the act ot entry and payment acqui
res an inchoate legal title which may
be aliened, will decend, and may be di
vested in the same manner as any oth
er legal title. (Ibid., sec. 528.)
The patent does not invest the purch
aser with any additional property in the
land it only gives him better legal evi
dence ot the title which he lirst acquir
ed by certificate. He could in the mean
time sell and convey the land as com
pletely before he obtained the patent
as he could after. The patent is not
to be considered in conflict with- this
right, but rather contributes to its sup
port and confirmation. (Ibid., p. 170.)
The actual settler upon tne public
lands of the United States, who has fil
ed the proof required by- the Act of
Congress of 1830, chapter 208, and has
paid the price ot the land to the receiv
er, cannot be deprived ol his land by
the department. (B IIow., 314.)
After the government has sold land
by certificate it holds the legal title un
til the patent issues, but omy in trust
for the purchaser, and cannot act judi
cially and determine that the purchaser
is not entitled to the land. (Arnold vs
Grimes, 5 Iowa.)
The eminent jurist and text writer,
Hon. T. M. Cooley, in his opinion,
Boyce vs. Danl, 29 Mich,, 14ft says:
WW
THE MITCHELL CAPITAL.
MITCHELL, DAKOTA, FRIDAY, DECEMBER 18, 1885.
"The action of the register and recei
ver of the United States land ofllce in
accepting the proofs furnished by
pre-emptioner as satisfactory, and re
ceiving his money and issuing to him
the usual duplicate receipt, is a judicial
detennination of his rights which is
conclusive in 'all collateral proceed
ings."
Judge Cooley further says that he
knows of no act of Congress which
authorizes the commissioner of the
general land oflice to review and re
verse the register and receiver's action
in a case where there has been no ad
verse claim under the pre-emption laws
(See also 13 Pet., 498, and 9 How., 333.)
If the honorable commissioner of
the United States land office should
commit the error of attempting to
cancel a title by arrogating to his office
the powers of a court—that is, after
the title has parted from the govern
ment and becomes vested in the indi
vidual, his act will be annulled by the
courts when a contest arises between
parties claiming title to the hands up
on his ruling. (ShBpley vs Cowea, 91
U.S., It. I. Otto, 330. 45 Wis. 196,
Sheldon vs Kearne.)
When the purchase money has been
paid under the pre-emption laws, and
the receiver's receipt issued to the pur
chaser by the local land office, the title
is vested in the purchaser, and the land
ceases to be: under the control of the
government the purchaser has a vested
right, that cannot': be interfered with
except by a judicial tribunal (Frisbie
vs. Whitney, 9 Wtfl. 187 37 Cal, 475).
The U. S. land' office occasionally
makes a ruling in accordance with the
established principles of law one of
which is found iff Hensley vs. Ayres,
Land Owner, vol. 3, p. 53, which is as
follows:
"When a pre-emptor makes final
iroof and payment, and the certificate
'or patent is issue&such certificate may
be assigned to a bdjba fide purchaser for
value, who will bejbrotected in his pur
chase."
On the 21st ot last August Justice
Brady, of the U. S. circuit court for Or
egon, decided in a case before him that
the honorable commissioner of the U.
S. land office had no power to cancel a
pre-emption entry after the local land
office has issued the receiver's receipt
and received the money therefor, the
government having parted with the
itle to the land had no control over it
whatever, and nothing to do but to per
form the ministerial act of issuing the
patent, the evidence that the title had
already passed.
The government has the absolute
[ower to dispose of its public domain.
There are several modes in which this
is done. One of the modes by which
the United States disposes of its title is
by private entry under the pre-emption
law and each payment upon proof to
the officers within the districts where
the lands lie. Another mode is by se
lection and entry with scrip or warrant
and in some cases by treaty, iij others
by special acts of Congress, which oper
ate as grants. (Wash, on Real Estate.
3d ed., vol. 3, p. 107).
And if the register of the land office
has duly admitted the location of the
land and granted a certificate therefor,
the government cannot cancel such title
and sell t* another individual (Ibid
When the government has once dis
posed of the land in any one of the fore
going modes the title is effectually
transferred as it could be by any instru
ment within the power of the United
States to give. "Lands which have
once been sold by -the United States can
in no sense be called the property of
the United States. They are no more
the property of the United States than
lands patented." The government
merely holds the legal title in trust for
the purchaser. (Ib. 178.)
The idle decision of tne commissioner
that he cancels a title is of no force.
The commissioner is not a court to
divest citizens of the United States of
their property he, together with the
secretary of the interior, might be
called a quasi court for the purpose of
establishing rules of practice in dispos
ing of the public lands, but having once
disposed of them, their power ceases in
relation to those lands. That they are
disposed of under the pre-emption laws,
upon final proof by cash entry and the
issuing of the certificate ot purchase, is
an established principle of law too
strong to be questioned. Ib. 180.
A COMMITTEE APPOINTED TO GO
TO HURON.
A largely attended meeting was lield at
the Security Bank Friday aftornoon to
take some further steps in the matter of
organizing for the better protection of
the interests of Dakota under the present
ruling of the General Land Office.
There were present representatives of
every branch of business in town, besides
a number of gentlemen from out of tha
city.
Mayor Hugging called the meeting to
order and named Judge Edgerton as
chairman. That gentleman declined in
favor of an older resident, ant! M. H.
Rowley. Esq., was called to the chair,
with K. W. Wheelock as secretary.
Major Kellam, of Chamberlain, was
called on and said that he had been sur
prised at the recent rulings, which are in
direct conflict with all previous ruling!
and decisions of the* Department. The
question now opened up is whether the
present rulings are law or not if they are
good law, then all that preceded are not.
He recognized the importance of haying
the matter fully investigated at once, to
see what rights there are left to settlers.
He assured the meeting that tho people at
Chamberlain would gladly co-operdte in
this movement.
Judge Edgerton was asked to make
some suggestions as to what rights have
already been acquired and how thoy can
be secured. Every lawyer, ho said, must
admit that the presidents in the Land De
partment had iven vested rights, and it
was a serious matter for any officer of the
goyernment to attempt to set aside those
precedents. He believed in immediate or
ganized action and suggested that the
convening of the State Legislature at
Huron on Monday next would afford a
good occasion to start such a movement,
for representative men could there be met
from all over the state.
Mr, Ed. Johnston, of Mt. Vernon, said
that it was not necessary now to discuss
An
the law points. The reccnt rulings are
effecting tho interests of us all, and this
move was in the right direction. The
quicker something was done the better.
O. O. Stanchfield, Esq., thought that
we ought to ascertain at once how far
these rulings are to go, and whether we
are really standing on a foundation of
sand. He believed the Huron sugges
tion a good one. Every title thus tar ac
quired will undoubtedly be sustained
when put to the tost in the courts, but
these rights can not be secured without
concerted action. He thought it was well
tc take steps at once to start this organ
ized movement, with a view to sending
representatives to Washington to secure
a reversal of these rulings if this result
can not be secured, then a test case should
be taken into the .courts. The present
rulings are the worst blow tlmt has been
strucK at the interests of the north-west
If we are to be deprived of ail our rights,
it is time we kuew what course to take.
S. F. Goodykoontz, Esq., said he was
not very badly frightened, but he believed'
that the department had become alarmed
at what have been alleged in the way oC
fraud, especially through the spccial
agents. If we can convince the authori-1
ties at Washington that thesu frauds do
not exist so generally as reported, and 1
that we are not a set of swindlers, we
may secure a'modification of these rulings.,
Geo. A. Silsby thouget if the number of
convictions secured by these special
agents were any criterion, these frauds
can not exist so extensively as alleged.
Judge Edgerton said that in tho early
settlement .pf every western state the
strict letter of the law had been more or
less evaded, but he did, not believe that
these transactions could possibly be cal
led fraudulent. He believed that if Mr.
Sparks could not be persuaded that his
rulings were bad law, and eyery other
means of of relief had been exhausted,
then .a movement ought to be made to
secure his removal by tho President.
Mr, Stanchfield believed that the jeal
ousy in the least toward the north-west
was at the bottom of the present policy
of Mr. Sparks, whom he characterized as
a deliberate enemy of this section. The
people should be patient undor their
wrongs, however, and exhaust every pos
sible means to secure redress. The worst
feature is the unsettling of 'securities
which will frighten eastern capital out of
the country, It is quite time to begin to
act,
G. b. Bidwell, Esq. thought there had
been too much said by the people of Da
kota themselves about frauds, and the
special agents were encouraged in their
work by these allegations. But with all
these facts, with all the machine
ry of the government directed to convic
tion for land frauds, the proportion of
convictions is very small, smaller than
in any other kind of offenses. The
[CONTINUED ON EIGHTH PAGE.l
OVERCOATS!
..: MJ l'C IIELL
N. is. My Stone Chtmnevs
us anyone cifn set them up una tlicy iir
Artificial Stone Works*
F. W. CAMMAM, Prop.
Manufactures Patent Stone Chimneys,
Chimney Tops, Building Trimmings of Every Description.
ALL KINDS OF ORNAMENTAL STONE WORK.
ites (liven on buildings prom
i'i Q"ters from outside proi
.ippJicati^ execute?
HICAGO CLOTHING HOUS
Opposite First TSra.tion.a.1
OVERCOATS!
A reduction of 15 pei cent, made from October
were 25 per cent, below other stores,
MEANS A SAYING OF 40 PER
,t 8
-For money man yon can see
We can show a larger ^5X
AP NOBBIKK LINE OF SUITS,
NUMBER 14
S. MAIL.
Uncle Sam is one of our best
salesmen. Every mail brings
2f
a
large number of orders
J"?* of town customers
im
a superior
quality of Clothing at a very
low price.
Men's All-Wool Winter Suits........ $8 Ot
Men's All-Wool Winter Overcoats..." 10 00
Boys All-Wool Winter Snita 5 00
Boys' All-Wool Winter Overcoats... 7 00
We are complete outfitters
for the whole
andaSSfoM'i
IU™*»ted
warranted
Catalogue
^^onSew^id^
Bpprov'lto
BOSTON
"One-Price"
CLOTHING HOUSE,
Corner Third and Bobert Streets,
ST. PAUL, MINN.
andtcstl",""l!al9
narticulurlv
are much less tlnin brick.
PfltSl
tiiiaii
furnished upon
adapted for use in the country,
ST0RY&CLARK
MANUFACTURERS OF FINE
ORGANS!
^'"An Elegant Illustrated Catalogue mailed
free on application. Write us for price3 and
mention this paper,
GOOD
RELIABLE ASENTS WANTED
la every County in tiie United states not already occupied.
STORY & CLARK
FACTORY & OFFICES, CANAL AND 16th ST&,
CHICAGO.
OVERCOATS!
v,
imi
if-
winch
prices,
which in othei words
CENT. BT BUYING YOUR