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THE SIGLE E AI.LOE.
Deolsion by the Local Land Olpe Involving Valuable Land in,. Sute City. The surfhoe Ground Is Qooupled by Resldenoes sapd Bust ness Houses. Ise. Lucy Storey, Who Applied for Pat. eal, Is Held by the Deoalsle to Be Rntitled to It. A deelelon involving valuable land ln the Botte towneite, on which are a number of residesee and stores, bni jast been ren dered by the local land office. The title of the ease Is Jobhn L. Tam and John W. Cot ter vs. Lucy U. Storey. In 1890 Mrs. Etore, appiled for a patent for the ground, canled the Single Tax lode. Tam and Cotter en tered a protest, alleging that Mrs. Storey had failed to locate the claim and As the bonndaries as required by law. They also alleged that she had not at the time and plaee of posting her loeation notice dis covered a mineral bearing vein; that she had iveer made or carsed to be made or done $Sd0 worth of work or imp ovements upon the Single Tax lode. The protestants alse alleged that they were the owners of an undivided interest in the Single OQt and Double Out lode claimse, whoh embraced the ground coveted by the Single Tax lode. The land offers in-their decision say: It appears the survey and entry of the Single Tax lode were based on amended location made Dec. , 1889. by defendant. O.a Jan. 1, 1889. she had located the same ground as the Single Tax and Free Trade lodes, by her agent, GOo. W. Storey, who is also her husband. At that time, Jan. 1, 1888, the ground or the areater portion of it was covered by the location of the Addie Laurie lode, owned by John P. ltrine. Wm. I. Patterson, Jacob Hootman and Wm. iM. coat. Bo far as appears the Addie Laurie was a then valid location pon which had been expended to exceed 61,000, in labor and improvements, consist ng of shafts, levels, etc., and whieh war known to dontn one or more lodeJ or veins of ore bearing goad and silver. On March 18i 1889, de fendant purchased the interest of Wm. M. oots in said Addle Lanrie lode; Dec. 5, 1809, she purchased the interest of lteins and Patterson, and on Dec. 18, 1889, she purchased the inteoest of Hoolman, then deceased from the administrator of his estate. Plaintiffs maintain that the Single Tax location was void when made, for the rea son that the Addle Laurie claimants were not In default, having done the annual labor required to maintain possession dur aug the year in which the Single Tax loca tion was made, and that defendant, not having done the $.f00 wbrth of improve ments required by law as a condition pro eadent to entry, can derive no benefit from the improvements made on the ground by the Addle Laurie claimants. We are of the opinion, no adverse 0laim. having been iShd within the statutory perrod, the question whethe. Storey's loca tion was void or vali, by reason of I rior locations, cannot beraised now after entr,. being bar red by BSe. 2325 11. ., providing no objeetion shall at this time be hear., except it be shown she has failed to comply with the provisions of the law referring, as we think to conditions precedent to be performed prior to passing of title. A failure to adverse Is a waiver of p:iorities. In this case we look upon Storey as her self an original locator. Sham .do two lo catlons which covered vacant as well no lo cated ground. She anve these locations names different from the location already made on part of this ground. During the same year in which she made her location she purchased three-tfourths in the prior location. She then made an amended to. cation, giving it the name of one of her former locations, and embraced therein all the ground covered by said former location. Ten days later she purchased the remain ing one-fourth in the prior or Addie Laurie location. She had done some amount of work varionslr estimated from $40 or $(0 to $100, and in 1890 bad the claim surveyed and proceeded to Iroperly make final entry for the land. Subsequent to nill this plain tiffs made their locations, in 1891, and filed protest. Iow tr is no mamuinanea taos torey'a LO cations made Jan. 1, 1889, were void for the reason the ground was not open to re location. her location made or amen led Dec. 9, 1889, when she owned threefourtbhs of the Addie Laurie lode would stand as a new location and would be valid. bile had re moved the conflict by purchase save asn against a single co-owne , ani her new location of the ground would not be de feated by the fact. lie could have pro tected his right in court, but I-referred to sell her his inters t. Third parties can not complain. It must be remembered, ton, that plain tiff's locations made subsequently to he: entry are void, for when made the land was esgreoated from the public domain, Storey was the equitable owner thereof, and the rule in Belk Rv. Meagher doubly applies to them. No matter if Storey's ent y be voidable, until so declared the ground in not open to relocation. Not only has the United States parted with the right of possession but the equitable title us well. Upon what then can plaintiffs base their locations? Whatever the status of Storey's first loca tions, we are of the opinion her purchase of the prior location., her second location and continued riosession until after pay ment and final entry by he , .readers her entry valid and not o eo to attack on this score by subsequent locntoro. The policy of the department is to t'eat as valid a s cotod application or entry made while yet the first existed, after that first is removed. A homestead entry argregate. the land rom the publio domain. A sec ond ent y is in violation of law if made while the first ise yet intactupon the oco ds of tbo land office. Yet if such second be anode, and thereafter the first be caone lied, the prrctice is to treat the second as hence forth vniiJ. Storey's eant y hving been made, and no drove sa claim having been filed within the statutory peinod, this ques tion cannot be litigated at this time. The only score uton which her entry is onen to atteek is a failure to somp.y with those provisions of the miniln law wherein are prescribed certain conditions precedent to purchase and patent. As to the second contention that defen dant steored nothing by t urchaso of the Addle Laurie and the improvements the e on, neither reason, authority nor the law will ustain it. This wo k on the Addis Laurie was more than $1,000 in value. She acqualed it by purchnse. It was done by her grantors as required by section 2,326. As to the allegation that defendaant had not discovered a lode or vein in her discov ery shalt when her location was made, it might be true and yet wholly immaterial. It is not disputed that one or more lodes or veins are known to exist on the claim and were known to exist prior to location by defendant. It le even doubtful if it is shown there was no vein or lode In the dis sovery shaft, as there is a dispute between the parties as to where is the discovery shaft. So long as the vein or lode is dis covered prior to the intervention of an ad ye so right, the location ise made valid. though before Invalid. Such lode or vein need not be shown in the so-called discov. ery shaft. as this is not required by the minnlg taws of the United States or Mon tans. It iI clear the claim was properly staked, and that too at the time of survey thereof. If at times between location and survey the stakes may not have been mauntained, It is now immaterial, no adverse rights then ecouring. Noneod platinati's allegations that are material have been snteleeed by the evi dence. Attentlon, A. O. U. W. H. It. Thompson has resigned as Aliancler of Lodge No. 2. A. OU. U. ., and C. W. Barton has been elected in his place. Mr. BHaton can be found at M. Iteinia's grocery store till farther notice. Sp RPICE' S __ eea king The only Pure Cream of Tartar Powder.-No Ammonia; No Alum. Tsed in Millions of Homes-4o Years the Standard. HIOW TO 8EE TlHE WORLD'S FAIR. Sugglasonas he to tihe Mose Convenient and lconomnical aetlode, When you go to the World's fair do not take a trunk with you if you can possibly get along without it, but pack your fetow necessary traveling articles in a hand bae or grip and carry it along withll you. You will never know what a lot of annoyance you have be n spared In this way. Then get your ticket from Helena to Chicano and the greatestfair the world has ever eoon, reading via St. Paul and thence via "the Nothwestern line" to Chicago. "The Northwestern line" runs three superbly equipped trains daily from St. Paul to Chi cago, leaving St. Paul at eight a. m. daily; 0:215 p. m. daily except Sundayl 8:10 p. min daily, making quicker time to Chicago than by any other line. When 3on arrive in Chicago you will find World's fair omni btees at "the Northwestern line" depot which will take you to the Van Buren street station of the Illinois Central road, where trains for the fair leave every three min utes, where Wo id's fair steamers can be taken for the fair every ten minutes or you ean take a steam ferry front thp deote of the Northwestern line direct to the tame place via the Chicago river and making coennections with the famous whaleback steamer Christopher Columbus for 15 cents. When you arrive at the fair you will find a number of first-class hotels within a stone's throw of the main entrance, and dozens of good restaurants where meals can be had to accommodate the most modest purse. By following these simple directions your trip is bound to be a pleasant one. See that your ticket orom St. Paul reads via "the Northweste.n line," and remember that by this route you will obtain the best service, the greatest luxury, the most com tplte comfort. SpeelIa Notice-Great Northern Railway Line.. Trains leave Helena daily at two p. m. for Seattle and Paget sound points, Spo kane, St. Paul, Minneapolis. St. Louis. Chicago and the east, also for points in Minnesota and the Dakotas. Buffet cars containing bath room, barber shop, eney chaire, observation windows. library, writing and card tables, asmoking rooms, etc., are run in connection with palace dining and sleeping cars. first-clase coaches and f ee colonist slees ere. Direct connections are made at Wenatohee with steamers for Lake Chelan and the Okano ann conntr,: at Newport for points on the Peond d'Orejile river; at Bonnea Ferry with steamers for Kaslo, Ainsworth, Nelson and other to;nts in the Kooten'di mining dis triat; at Jennings with stenmer for Fort Steele. Crosses the Cascade and Rooky mountains in daylight. Beautiful seeners and a road free from dust. Train for Wickes, Boulde- and Buntte leave, Helena daily except Sunnday at 8:50 a. m. Connection is made at Butte for all points on the Union Pacific systern. Through train from the east leaves Heaena daily at 5:25 p. m. for Butte. For informations o publications apply to an; agent of this company or B. H. LANOLEY, General Ticket Agent. Helena, Montana. Infanse' llng cloaks, embroidered cashmere in cream and tan, at 61.75 at the i:ee Hive. lhe Park olutel at Groat Falls Still Cpen for Itutiness. It hae been rumored that the Park hotel, of Great Falls, Mont., was closerd. 'I he management wish to advise the traveling public that the Park is still sunning on the En opean plan, where good, clean, well furnished rooms can be obtained from 75 cents I er day upwards. Special rates by the month. 'Ihabking our friends for their past patronage and wishing for a continuance of the same. resneotfllvy T'n PARK HOTFL Co. Mere Splendid Than ever, the grand fall display of millin ery at S. A. Fisher's, Sept. 15 and 16. lis a Fine Stand. Swend Carlson has moved from his for mer 'oceion in the Cosmopolitan building to 20 No th Main street, opposite the First National bank building, where he has a fine sanud. His specialty, "El Princlpede Gales.:'" is the most popular cigar in town and ilis other lines of imrorted cigars a, tire finest. Ogden Military Aendemny. This is the only first alas homo school for boys in the inte.-moontain region. Its location is convenient and bealthfo!; the course of study is broad and thoroughi its corps of instructors unusually at ong. Ex penses $100 to $200 less than at eastern schools. At Iv to Capt. C, L. Howard, Ogden City. Utah. 1i bite pique in essorteL patterns for aprons and rliltona's dresesa onlyr five cents per yard at 'lr heo lie ]live reduction rale. Further lteductlon In Rites Via Unl.an 'aeile. From Helena to Portland...........$ 18 00 From Helena to San Franoisco...... 833 00 On the 15th of each month excursion tickets 'are sold to Utah and California 1 oints as follows: To San F, ancisoo an:l return ........$ 75 00 To Los Angeles and return......... 89 00 To Salt Lake and return........... 30 00 'licke.te to California points are limited to six montrhs, and to Salt Lake sixty days Co to ' e I'ee Ilive this week and buy your supply of towels. nood seied 'lurkaih bath towels for 15o. i.nailees Attention. Do not miens the oranenest of all millinery displays at 8. A. Fisher's, Friday and Sat. nrday, Sept. 15 and 16. Children's fast black heavwr ribbad hose, a bar rain at 2,c, rodroed to 15oe tis week at Tirse Uo Olive reduction salo. lUnlin .eulae Meets the out. First-elaess, Helena to Chicago.............................. $82 00 St. Louts .............................30 00 Missouri river points ............... :5 00 Useo the world's pictorial linue. pecisl drive of white bedaprrearis at Tile Iee Hive tis whtk. (ell tand see their great bar geinat i.e for teis week olfri. i.,llees t ill 'tints And see the most elesgant lin, of fine mill linery ever displnyed, at the fall opening of Mrs. S. A. Fisher's, Fr idar and Baturday. tinen dask torwole, arll kind, worth Lo,. this week at Ihe lIe Iti,' for 20c. A Paying Goeld Mine. You can buy an interest in a good paying gold property end take active part iin tihe same for a mere trfle eonmpared to its value. Call at BoMuth Main street. Ihere ran he no hard ilrees wren tire low picme at Tire lies Hile this week ar taken into consideralion. 40e turokey red table cloth for Lel 85lo challies forr 17e' o satIeons for 12ate tOe sanitiae ferlie 1o batlste clotli for I'oe. 'Ihe triaed odeyil former quotatilons and are much les than cost of malufaocture Fleer Than Uver. The fall opening at 8, A. Fisher's. Friday and .aturday, Sept. 15 and 16. Low Rates via the Northern Pacific. Helena to it. Paul and return, $.O; fea. limit ninety days from date of s!e; ni stopover. Helena to St. Paul and return, $60; finil limit ninety days from date of sale; transi' limit in each direotion, forty dats, witl stopover privileges. Helena to Si. Lonls and return, $68; fina limit ninety date from date of sale; ttannsi limit forty days in each direction, wilt stopover privileges at all points west of St. Paul. Helena to Chicago and retuln, acoount of World's fair. $66,10; going and returning same route; final limit returning, Nov. 1li no stopover. Helena to Chicago and return $70, transit limt; forty days in each direction; final limit Nov. 15, with stop-over privilerls at St. Paul and points west; return via Union Pacific at passengaer' option. 'l'hronb Pullman sleeping oars are run from Helena to Mt. Paul, Minneapolis and OChicao. For sleeping oar reservations and tickets call at the Northern Paeific ticket oficoe, or address. A. D. EDOAa, (or. Main and Grand streets, Helenn. To Chicago. Via Salt Lake, Garfield Beach and Den ver, Sioux City. Omaha or Kansas City. The World's plotorial line. Elegant Pull. man equipment, diners, ohair cars and tourist sleepers. leduced rates and fast time. Call on or address 28 North Main street, Helena, Mont. H. O. WILTOn. Freight and Passenger Agent, Helenn, Mont. E. L. LoMaz, O, P. and T. A. Omaha, N b. Never before Have sunch elegant goods been seen as will be displayed at 8. A. Fisher's fall opehing, Friday and Saturday, Sept. 15 and 16. HELENA IN BRIEF. Capital City Musio Co, 111 Main street INTERNATIONAL HOTEL, Marous Lissner, Prop. Main and state 8t., Helena, Meat. FIRST CLASS EUROPEAN HOTEL Celebrated Liesner Mineral Water. Sure Curn for Indigestion, Kidney and ladder Troubles free to acusts. 'ositive our, guaranteed is all ra'es where there is exoesivwe ation of the kidneys. H. F. SMITH. J. A. ELAOK. SMITH & BLACK, Contractors and Builders. i'top No. 19 Jacke, n 6t., Corner Breok~nridce. next to ling's Opera S house. Hllten, Hont. Do contracting and jobbing business. AU orders promptly excuted. F. E. J. CANNEY, M. D., PHYSICIAN, SURGEON AND ACCOUCHEUR. SUCCESsoR TO Do. M. ROCKxAN. Twenty-five years' experience. Dleases. of Women a Specialty. Consurltalon Free. OBfoe and Residence, 18t South Main Street. Foot bf Broadway. SHEEP WANTED. Any person having sheep for saele at "Free Wool" prices, write giving number. ae, grade. price+, where ranging and ther particulare, as to sexes etc. Mention tide paper. Addrees ' "FitE EX 00,," Lucille, P. t. Montana. PAYNE'S HOTEL. Mr. C. L. Fayne has reopened his Hotel, Sta ble and Stock Yards, and ip now ready to receive all his old customers a well as now ones. Ac. commodations for families a spcialty. C. L. PAYNE, PROPRIETOR. FREDERICK J. ESSIG LAPIDIST: ruito 1i2n Masonle Temple, Chicago. Cutting of Montana Sapphires our pecialtg. Mail orders promptly attended to. *ee J. L. SMITH *.* Freight and Transfer Line HELENA, MONT. Lll kinds of merchandise and other freights. eluding onee, prorptly transferred from the et. Urders will reoeive prompt attention. 'ot J. dderg'a Store and at the epot. A CARLOAD OF-z-= PINE . WHL I-I SKY .JUST RECEIVE D ~-. EASTERN PRIDES. I. L. ISRAEL & CO, ASSIGNEE'S SALE. P.ancr O Sm.''heet Muslic and /Inlo I Ilero'handlr of all kind. Murt Be Sold. Cash must accompany all orders. H. R. THOMPSON, Assignee )a-kson's Muslu Store. GRAPES Th8 t in the Iaw" -IU toil t's-. Hotel Stockwell. A Family Hotel with all Modern Improvements,. Speclsl accommodatios for Commercial 'r.rselrs. The mnest cottraily located or any house In the eily, Electro cars pns tie door. Hiome comforts. A superior table. Warren St, Near Corner of Broadway (Formerly Merohants Hotel Annex.) Notice to Gold Min.ers SILVER-PLATED Amalgamated Plates For Saving Gold in Quartz, Gravel or Placer Mines. Made of Best Soft Lake Superior Copper, At Reduced Prices. Our plates are guaranteed, and by actual experience are proved, the best in weight of silver and durability. Old mining plates re plated, bought or gold separated. Thousands of orders filled. San Francisco Novelty,Gold, Sil ver and Nickel PlatingWorks, 68, 70 and 72 First St.. Ban lrancisco, Cal. SEND FOR CIRCULARS. Justinian Caire, Agent, 621 and 523 Market St., Sam Francisco, DEALER IN Assayers' and Milini Material, MANUFACTURER OF Battery Screens and Wire Cloth. Agent for HOSKINS' HYDRO-CAR. BON ASSAY FURNACES. Montana University University rlace. Near Helena The be~t ~lueq4oardi BSohool in Mon as to an .~nlao t m deats. Board ad per aohool roar sooordna to the course pursued. FALL TERI OPENS SEPT, 14, 1893 Bend for C9lpoe to the President F. P. TOWER, A. M., D. D. Your tipos t.r upro" AVoid expeOt. anSe nd noondootif. eturiit I • vexatious delays No rtInllamisihe Your i'hJmborn' bIill worn -y cOvering your e r$ $ t on, there. fNow nt line for repaitr unprotected pipes Ie*noing the fuel bills. with the Iam uis John's Asbestos Pipe Covering Will Save Its Cost in One Season. Be Sure and See It. k, M. HOLTER HARDWARE COMPANY A"r ..t.. ]! i State gents IAll kinds'° 1 Iron i litn ig and I f r Brass (,eods for iteam Seatings. antd hot water heWt|l, GILCHRIST BROS. & EDGAR. --DEALERS IN - Lumber, Sash, Doors, Etc. Mill work of all kinds. Exclusive agents for ROCKY FORK COAL. CORD WOOD. City Omlles Graud Central Clgar Store. Telephone 139. Wholesale Only. Established 1883 I)EALERS IN Fruits, Vegetables and Produce of All Kinds, HELENA. MONTANA. IW'The oldest produce house in Montana. STEELE, HINDSON & CO. Jobbers of Hay, Grain, Flour, Feed, Rolled Oats, Coin Meal, Potatoes, Ef.r WHOLESALE AGENTS FOR THE CELEBIRATED ROYAL BANNER, MASCOt AND MONTANA BELLE FLOUR. TELEPHOIN NO. 108 I The beet storage facilities in the city. I 1822 HOZEMAN 8' BEN HUR Best Value for the Money. , STRONG And DURABLE. lj CUSHION TIRE, $75.00. PNEUMATIC, $100.00. CENTRAL CYGLE M'F'G GO., INDIANAPOLIS, IND. THE CENTRAL. HIGHEST GRADE. PRICE, $135.00. CATALOGUE FREE. . _ St. Vincent's Academy. HELEN A, .IONT. Conducted by the ti ters of Charity. thoe Academic course is thorough and unites every advantage that can contribute to a good educa tion. Type-writing and Phonography are tauglht In connection with a sreciat buesines course. lor catalogoue and information apply to dister Snperior. St. Mary's Hall for Girls Tweonty-eighth year opens eept 21. 188. Terms ~,O per year.l.ht. tle. It. Wh. Wtiiple. i). I.. Li .. rector. Mies Ella F. Lawronce. princi pal. iP'ueils are ireared for roliteg exaina-. tions. ('ertifiato admits t,, Wollo ley. Jar rat alognos address St. Marye' Hall. Farlbault. Minn CHICAGO FEMALE COLLEGE (.i'N":,c Pi't . tl th c ye'r egill t S ti tllh.I. l eldc l i wn,.ko' etc ty at A',rld's , Nlel. AN e l lt ..\ ll d( sltotnltuii '. Ornamental branchels tauout by ar Irt. scutd for cala aleIslla U. Thayer, Auburln ark. Chicagy , or 217 State St MAA.ni ACADEMV 4'wI-FT tIP'ItINt.i, 0 Ittl)1'III. Th ti. Irtcc. Mil r, h,, of t et, ost. Wirite c f,,r Illu.t: ,tl NEW YORK MILI.TARY ACADEMY. ('ol. C( J. Wright. II. . A, M., torn. wall, N. Y. THE GODES. Political, Civil, Civil Procedure. fOR SALE AT THIS OFFICE. $2.50 Per Volume. PACIFIC R.R. IS THE ONLY LINE Running Through Cars BETWEEN ST. PAUL, MINNEAPOLIS, DULUTHI and CHICA.O -AND HELENA, BUTTE, SPOKANE TACOMA, SEATTLE, PORTLAND. Pullman Sleeping Cars, Elegant Dining Cars ON ALL TiliOUGH TAINtS, 'PI SCIJIEDULE. In effot i anud after Bunday, 9ept. 3. ISQ. ITIAINM ARHIYT AT UEL.NA. No. 1, 'Palotio mall, wont bound ...... s30 m 8No.2, Atlantio mail. east bound ........ :4 p. to N, ,. MIaryovUilo r0a,1, ......... 10:1. am ho. I. \ViokLos. Bouldur uud Elkhorna purl.or ......... f6:80 p. m No. 104, 1 mied.und ...... Sto1p, in 711A1N.n EI'AIT Fl0)1l M lHLN&. No. 1. lTartio Mail. w~ t bound........ 9:40 a. m No. . Atlantic maIll. east bound........ 1:30p. un No., , larylville mi.o ............ 4: p. m No. I0, \Viciko. loulder and Elkhorn laolnjIwr . ..... ..· ... 7:lI . in .o. 101, lituiui nuxed, rMundnys-...... 110 nA. m For Information, time cards, maps and ticket call on or write .A.. D. "EDCMGU.R, Corner Main aad Grand Streetls Helena. -ou CHAS. S. FEE, General Passenger Agent AT. PAUL. MIIS.