Black Hills Daily Pioneer Deadwood Dakota 6/17/81
of it broad-brimmed a of a LAND OFFICE DECISION. V. S. Land Office, ) Deadwood, D. T., June 15, 1881. Opinion of the register and receiver in the caso of tho townsitc of Crook City vs. James Coyne, for the possession possession of the n w 1, n e j sec. !i3, tC n, r 4 e, B. H. M. J. V. Ofl'enbacher then probate Judge of Lawrenci! county filed D. S., No, Vi", for the e i, n ej n w 1, n e 1, sec 8!!, and s e 1, s c sec -H, -H, t 6 n, r 4 e, B. H. M May 31, 1879. James Coyne filed his D. K., No. 14, for the n w i n e J, n e n w k, see ;U5, tOn, r 4 e, B. J I. M on March 2", 187U. , Tlat was filed March 17, 18711. The main question in this case, it seems to us, was the land in controversy, controversy, settled, occupied and claimed an a townsite prior to the 17th of March, 187'J, when tho right of Mr. Coyne would have been good against any subsequent subsequent claim of the townsite of Crook City, In the case of Scvssen vs. Trice and Salt Lake City, it was held that, "No portion of the public lands which havo been selected as the site for a city or town shall bo liable for entry under the provisions of this act," (l're-emption.) (l're-emption.) (l're-emption.) And;the attorney general in this opinion further says that, "It is sufficient if the land for the townsite is selected at the time the pre-emption pre-emption pre-emption application is made." The saino opinion was held by the acting commissioner, Hon. C. W. Hoi-comb, Hoi-comb, Hoi-comb, in the cane of the townsite of Spcarfish, Dakota, vs. Robert Gwin et al. (May 23, 18S0.) At tho time the Indian title to the tract in dispute was extinguished, Feb. 28, 1877, the townsite of Crook city was surveyed and platted to the amount of six hundred and forty acres. Wo are of the opinion that the citizens could select what portion of the nix hundred and forty acres they would enter, notexceeding the amount allowed allowed by law. Crook City is one of the oldest towns in the Black Hills and is a place of con siderable importance as a trading point for the farmers in the valleys. The evidence shows that the popula tion and business entitle them to the amount selected. The facts show that the selection of the present townsite of Crook City was made before Mr. Coyne could assert his right thereto under the pre-emption pre-emption pre-emption law as construed by the assistant attorney attorney general in the case of Sevssen vs. Price and Salt Lake City. We are therefore of the opinion that the probate judge of Lawrence county should ho allowed to make entry of the tract in dispute, being the northwest northwest quarter of northwest quarter, section section 31!, township fl n, r 4 o, B. II. M. A. S. Stewaet, Register. E. P. Cha.mi'li.v, Register.