Weekly Missoulian du lieu suivant : Missoula, Montana • 5

SEMI-WEEKLY MISSOlA-IAN, M1SSOUUA, MONTANA, FRIDAY, JANUARY 30, 1903. MOONEYED MONGOLIANS OF MIS SOULA, MONTANA, MAKE MERRY Trie LOSAL NGWS 0OOS00000 ooooooo i I. tiate the statement, that the incorporated tiwn of Superior occupies a portion of said It appears that the village of. Superior has been. in existence upwards of 2Q years.

That Mr. Johnston had a portion of his placer claim surveyed into blocks, lots, streets and alleys, and that in September, 1880, he filed the Qlat or map of said townsite the office of the clerk and recorder of Missoula county, Montana. That Johnston has sold a number of lots in said townsite. That there are mercantile houses In the said town of Superior, engaged In trade and business. It also appears that both Harman and Riley were aware that said townsite occupied a portion of their said lots, for Harman obtained permission of Mr.

Johntson to. build a fence on some land used as the townsite and that Riley purchased two lots from Mr. Johnston, thus admitting that there is a town-site laid out there. There is nothing either in law or justice which requires the entire surface of the area legally embraced in a townsite must be covered by buildings, or devoted to places of traffe and 'business, or residences of inhabitants. But it will be sufficient to reserve the land from appropriation under the homestead law If a portion of the tract that has been surveyed and platted into town lots is used for such purposes.

Taking into consideration all of the facts relative to the townsite question brought out at the hearing, we are of the opinion that aportion of said lots I and 2 is covered by bulW-ings devoted to the purposes of trade and business, and residences of inhabitants. therefore, recommend that the final homestead entry No. 914, for lot 2. Sec. 27, T.

17 R. 26 be canceled, ami that the homestead application of Mike Riley for lot 1, said section, township and range, be finally rejected, and that the tract of land embraced in the Big Day placer claim according to the amended survey thereof, be patented to Arthur P. Johnston. Thirty days will be allowed to appeal from this decision should it be desired so to do. used for decorating Ded is the' color that RymholiiMtH the New Year.

As, blood possesses life giving power Is the same hue, red Is taken for' the New Jn the sense that It too will bring vigor and new life. Ev- erything is tied with red. Large fes-" toons of; it adorn the doors of Chinese abodes and ev-n the growing lilies. are bound round with it. Yuet said that there were about 150 Chinamen in Missoula and all of them would lay off for a few days and make merry.

New Year's Is a religious festival and the day would first be spent in worship. Later," a big feast will be spread and over this Yuet will preside. All the while that he was telling this story, Yuet was running back and forth busying himself here and there about the dingy little quarters on Front street. At each new question asked of him he would first laugh very heartily as If amused by the white man's curiosity. In the meantime a number of Yuet's countrymen came in to buy some fancy handkerchiefs to be used on tbe first day of the new year and Yuet took great pleasure in displaying a gorgeous stock of silk with most beautiful embroideries.

Many invested in Chinese nuts and other Oriental luxuries. All seemed to be in about the same' spirit that white people are at Christmas time and the same sort of cheerj was depicted on their countenances. By this time Yuet's little room was crowded with Chinks and they were' trying to tell (he representative about New Year's. Very few of them spoke English, but all talked in good faftb and seemed anxious to have thrlr version of the siory the one to appear in print. With that Yuet handed out a boK of good cigars and as-the visitor withdrew all of the Chinamen waved their hands and shouted "Kung Wha Toy," Johnston Win Superior Site.

A decision was made" yesterday by the authorities of the Missoula land office which bears on the townsite of the village of Superior, located on the, Coeur d'Alene branch of the Northern In ihe contest of Arthur P. Johnston vs. James S. Harman and Mike Riley, involving the Big Day placer claim and certain lots supposed to be within the limits of Superior, it is held that Johnston is entitled to a patent to his claim and that the homestead entries of Harman and Riley for certain conflicting property be finally rejected. On April 23, 1902, A.

P. Johnston and: John Buckhouse were granted a patent-to the Big Iay placer claim, on the right bank of the Missoula river at the mouth of Flat creek. Under date of January 19. 1901, J. S.

Harman made final homestead entry for lot 2, Sec. 27, T. 17 R. 26 W. In February Mike Riley made homestead application for lot 1, same description.

This was rejected because of an apparent conflict with the Big Day placer claim. Shortly thereafter, Johnson filed a protest against the entry of Marman on the same grounds. The surveyor general was unable to certify the actual position of the placer claim, as it was impossible to establish the initial point on Flat creek wth mathematical accuracy. But from diagrams furnished at the time it did not appear that there was any conflict between the lands in controversy. Under date of April 17, 1901, Johnston was requested to surrender his patent that it might be corrected to conform with a subsequent survey.

The departmental decision of -June 11, 1902, affirmed the local office and enlarged the scope of the hearing ordered so as to include an inquiry whether lots 1 and 2 were within the limits of an incorporated town (Superior) and if so, whether they were reserved from homestead entry. After hearing the testimony of a number of persons familiar with the situation, the local office has ruled as follows: In this caself is taken that the burden of proof rests upon the homestead claimants to prove by a clear preponderance of evidence the non-mineral character of the land in question. The land in controversy was classified as mineral in the final mineral return by the board of mineral land commissioners, appointed under the act of February 26, 1895, in their report for the month of August, 1898. This In and of itself would be prima facie evidence of the mineral character of the land, and must be conclusively rebutted by clear proof to the contrary. Another fact must be taken into consideration.

A mineral patent has been issued of a different description, it is true, yet granted upon a showing made by the patentee upon land which he fully intended to have embraced in said patent. And the rule is that, on proof of the mineral character of a tract, and the allowance of a mineral entry therefor, the burden of proof Is upon the one who assorts the non-mineral character of the tract, evea though it was returned as agricultural. The existence of a mineral location raises the presumption that the location- was made in conflrmity with law, and that the land covered thereby is mineral in character. If the homestead claimants had not "Kuug Wha Toy" is the salutation that will be heard among the ces-tials all tho world over today. It is the Chinese New Year's greeting and corresponds to the one used in this country on January 1.

Last night at 12 o'clock marked the beginning of another cycle with the Mongolians and from this time forth they will celebrate the occasion for 15 days. In China the ceremonies continue for a month. Chlenese New Year is always ushered in with a tremendous demonstration and the more noise that can be made the greater the success. Powder plays an important part and hundreds of dollars' worth of fire crackers are exploded. On Front street last evening, New Year's eve, the noise resembled the crack of many rifles, such as is heard on the firing line in a big battle.

The spitting and sputtering lasted for fully half an hour and the celestials gurgled with glee and covortea around in all sorts of antics. They were merry aad wanted all the world to know It. Last night some very handsome fireworks were burned and all in all the Missoula Chinamen celebrated the day with as much fervor as if they were back in the old country. Yuet Lung, who is the nestor of the Chinese colony here, was busy yesterday making preparations for the day. While he was plying his trade, he took time to tell a Missoulian representative about the Chinese New Year's He said that with his people it was the greatest day in all the year.

He could ot say how old the present year is from a Chinese standpoint, for according to his version, time reached back so far that his mind was unable to grasp it. Yuet was busy cutting small strips of red cheese cloth when questioned about them; he said they would be SECRETARY ORDERS OF The land contest case of W. H. Harris against Julius Glaude will be given another hearing by order of the secretary of the interior. The land involved is 80 acres near Nine Mile, It is heavily timbered and of considerable value.

The land was entered upon under the lien land selection law by Harris last spring, he contesting the 1'roviou" claim of Glaude. The hearing was conducted in the local land office. Harris appearing as his own attorney. He created considerable amusement at the time by examining himself as a witness, but managed to prove that Glaude was disqualified to hold the land. In deciding the case the local land officials recommended the cancellation of Claude's claim and rejected Harris entry.

The decision was a surprise to Harris, who, having proved the opposing claimant disqualified to hold the land, believed it free for entry. The land office, however that lieu selection can only be made oh vacant land, and as Harris did not prove that Glaude was not a resident on the land at the llmiv his entry could not be accept REHEARING ii HARRIS (jLAUI)E CASE Wednesday, JanY 28, 1903. JACKSON 'HELD TO; COURT. Will Be Tried for the Heinoui Of- fense at the Next Term. Anderson Jackson, the young man who is being held for assault commlt- ed on Edith Baker about five months igo, was arraigned before Pojiceag- straie Hayes yesterday.

He pleaded iot guilty. All the while that the man tood before the judge he trembled erceptibly. His bond was placed at 13,000 and as Jackson was unable to aise the amount, he wil have to re- nain in jail until the time of his pre- calnary hearing, which will take 'lace next Tuesday. Jackson insists that he is innocent v.be ci be crime with which he has been He claims that when the ime conies he will be able to prove in alibi. He says that the first inti mation he had of any such crime living been committed was in Spokane, three months after the thing ccurred.

Nevertheless the county of- cials are leaving no stone unturned their prosecution or tne case ana it is believed that conclusive evl- lence will toe produced when the trial oroes off. FAITH IN 8ALTESE. ISeorge Champagne Says it Will Be a Great Mining Camp. Ueorge Champagne, a mining man ifrom Wallace, Idaho, was in Missoula yesterday after a trip through the it Regis mining district. Mr.

Cham pagne is owner or tne uast unance Imlne near Saltese. He says there is no longer any doubt that Saltese will an be a bustling mining camp. He believes a smelter will be built there luring the coming spring and the ad- vet of such an enterprise will result Hbl tne development or a numoer oi valuable mines. The recent settle- Iinent of the townsite question by a i a decision irom me aeparcmeni. oi iut? interior has removed a large draw back.

While the title to lots at Salt ese was in a doubuui state lew people care to erect substantial buildings. The dottbt has been remov- led and he expects to see the town build up in a short time. MODERN CAMP. At Superior last Saturday night Dis trict Deputy F. Bannon Instilled Camp No.

11076 of the Modern Wood men. The following officers were elected for the ensuing year: I Venerable consul West E. McKen-eon. Worthy aavlserJohn Connelly. Excellent banker D'Vern O.

Wil- Clerk Nels P. Neilson. W. M. Wakley.

Sentry Mike Vitche. Physician W. A. Peek. Managers William Clough, Peter M.

Jeffery, John P. West. Labor, Union on Harney Case. At a meeting of the A. L.

U. No. 43 last night the resolution was adopted: Be it resolved, that we heartily endorse theactlon of Representative Davis Graham in voting to table the resolution to impeach Judge" Harney; That A. L. U.

No. 43 request our representative to use all honorable means to quash all proceedings now before the legislature relating to the Impeachment of Judge Harney for the following reasons: First, that we da not believe It Is the prerogative of any legislature to interfere la a fight be tweea corpora tlong; second that the duties of our representatives are to ent laws looking to the welfare of the people of Montana and not to the corporations; third, that toy this action we do not-uphold Judge Harney, but we believe our legislators can better serve the people-along lines Just legislation. Robert' Gay arrived In Missoula yesterday from Multaa, Idaho, to have a dislocated shoulder attended to. Mr. GayTiT'itB elderly miner and Buffered a dislocation of his shoulder last October as a result 'of a fall.

It has troubled "tim continually ever since. The district court for Missoula county wil begin its February session next Monday with Judge 'Webster on the bench. One of the first things to be done, will be the drawing of a jury venire and those chosen to serve will be summoned by the sheriff's force at once. Sheriff Thompson and family have completed moving into their new quarters at the county jail. The apartments have all been freshened up by being repapered.

and newly painted. It wil be some days before everything is in order but the sheriff's new residence bids fair to be a comfortable one. Henry Kern returned yesterday from Oermantown, Ohio, where he went a few weeks ago to attend the funeral of his mother. Frank Kern will return in a few days. Mr.

Kern reports business good In the East, but the weather is bad to one accustomed to spending the winter in Montana. Charles H. Boyce, a retired soldier, is dangerously sick at the mllltiary hospital at Fort Missoula. Boyce was retired from the Third infantry at Fort Snelling, five years ago and has since been a resident of this city. He is suffering from dropsy and is not expected to recover, iie is 66 years old.

E. V. Vest, representing the Majestic Range company, of St. Regis, has been in Missoula for several dayB. He leaves for the Coeur d'Alenes this morning.

Mr. Vest is a most entertaining gentleman and during his stay in Missoula he has always been surrounded by a large crowd of interested listeners. WHY THEY OPPOSE IT. Hammons Sons Are Against County Division. To The Missoulian: Missoula, Jan.

27. I understand parties at Plains are circulating the story that we have sold out on county division, which is positively false. Hammons Sons are opposed to county division because" they think it would be a detriment at'present to the west Granite county for comparison, it has a larger assessed valuation and is paying 29 7-10 mills, while Missoula county Is paying 19 7-10 and Missoula county's rate will lower from this on. H. A.

HAMMONS. WANTED IN HELENA. John Jackson' Captured in Missoula by Deputy Gannon. Deputy Sheriff captured John Jackson yesterday morning, wffo is wanted in Helena. Jackson is a colored man who is said to have stolen a watch and overcoat in the Capital City.

Sheriff O'Connell arrived yesterday afternoon and left last night to return the man to answer the charge. Jackson Is a bad actor and when taken had an iron "billy" on his person whicn he would have used, had the opportunity presented itself. It was first thought that he had gone to Butte, but he was tracked to Missoula and located in a' saloon here. LAND CONTEST POSTPONED. McManus-Steffee Case Over to February 10.

In the land office yesterday the contest of Amelia M. McManus vb. Perry Stefee, which had originally been set for January 27, was postponed until February 10, by mutual consent of the counsels for each party. The contest involves a homestead entry for 160 acres of land situated on Dominion creek, St. Regis.

The basis for contest is abandonment and failure to comply with the requirements oi the homestead law. Two timber and stone filings were made in the land office yesterday. They were filed by J. D. Daily and H.

J. Merty. Rack calls for 160 acres of timber "and; jftone land located in te vicinity of St PATIENTS DISCHARGED. "At tie SiBters hospital "a number of patients were" discharged yesterday who have been confined there fro several days With" minor troubles. At present there are about 25 patients at the hospital and alt are doing well.

None of them are in a serious condition and all hove bright prospect for a rapid recovery. new patients were received yesterday, both of them are from Missoula. 4 Michael Doenner has developed a' case of pneumonia. While his illness is serious, it is not thought to be dangerous at this, time. "Mac" McNamara, who Isknqwnito everyone in the, Garden City Js requiring attention for l(MrK McNamara has arrived at, a high, age and as a natural result his constitution is run down.

ed. Even though Glaude was the decision held, the land was not vacant if he was on It and there fora net open to entry under the lieu: selection law. The esse was appealed to the eral land office by Harris and a tfte mi commissioner at Washington upheld the ruling of the local office. Harris 1 then appealed to the secretary of the interior for a rehearing, and E. E.

liershey. lormer register of the Missoula land office yesterday received a letter fiom Harris stating that he has been notified by the secretary that the rehearing be granted. He claims that he can prove that Glaude was a resident of adjoining land at the time the land in contest was selected, and that the land was vacant in everjy sense of the word, and therefore open to pelection. He states that he could have proved as much at the' former hearing, but was not aware that It was ipcecsary. He has asked Mr.

Herabey to appear as his attorney when. Re case comes up for but. the former register cannot appear in such a capacity, as he rendered the decis- ton -at the former hearingn. 1 J- U. OF M.

GIRLS BASKET BALL TEAM LEA YE FOR GREAT FALLS CITY IN BRIEF. Cloudy and threatening. Mrs. D. Leslie has gone to Butte for several days.

F. J. Duffy of Helena is registered at the Florence hotel. T. Caswell of Potomac is stopping at the Rankin house.

William F. Wilcox of Helena arrived in Missoula last evening. J. C. Read of Salt Lake is In the city looking after his customers.

R. B. Gay of Mullan, Idaho, is here looking after personal interos, M. Seideman of Saltese is stopping at the Kennedy for a few days. T.

lkweh is spending a few days in Missoula' irom his home in Corval-lis. Mrs. 'Myrtle Brenstead of Gem, Idaho, is the guest of friends in Missoula. B. H.

Denson of Arlee is the guest of frimds in Missoula for a brief while. Mr. and Mrs. C. T.

Lewis of Garnet are the guests of friends In the Garden City. Mrs. Jackson Delong is visiting with Mrs. Walter Prescott in South Missoula. and Mrs.

A. liozeau of. Iron Mountain have come to Missoula for a short visit. Mls Nelllp Kay, stenographer for Marshall Stiff, Is confined to her hom4 by Jt M'Ph Bowden, the Corvallis merchant, transacted business in yesterday. Joe McDonald, a well known rancher from the reservation, is in Mb-soula from Sellsh.

Tbe Chriirtlan Kndeavonjrs met at the parsonage with the Rev. Walter Hays' last evening. FWslerick Cormior, the Uuwn saw mill 'in Missoula yesterday. K. U' Stlntwn of Anaconda is in the city furthering the iducatkmal linns which be represents.

Wilgime Clause of Boaeman aiTived 'in Mtosoula last evening and will remain bere for everl days. phJU.Chnbot, who fore. VMUil was j.n. iMIwuta yesterday for a short Hammond returned yesterday from a visit i Darbee, where he' spent a wek rit'i MK H. Wllcomb of Iaurin is visiting her sister, Mrs.

R. W. McKay at. R2ft South Hlpgins avenue. Duaean who is a prominent rwtdent tiL New Chicago, is visiting In for, a few days, P.

J. Shannon, manager of the Bit-ier Root stock farm, was a visitor in the (ity yesterday from" Hamilton. i Henry Reslip of Iron Mountain came in yesterday and will spend a short time with his Misxoula friends. reduced testimony by expert witness-er to the efect that they had made a careful and thorough examination to the land in controversy, with a view of ascertaining whether or not there was any gold there, we miff have taken a different view of this case. But only one of their witnesses is a practical miner.

The others are engaged in different occupations. It appears from the testimony that four hole were dug by the agricultural claimants in their efforts to prospect the ground, none of them to the depth of more than four or flv feet. In our estimation, this was sot sufficient. They should have exercised better faith and gone deeper wher they were more likely to find gold deposits. The patentee, Johnston himself, testified that gold iri not found on or near the surface, but that if is to go at least 20 feet below the surface Before it itf found in, payia quantities.

The mineral claimant can stand upon the showing already m.ade,,aad Js not nectiaaxy torhim to the land is mom valuable; foe, mineral fcau for -agricultural pur potass, while on "the' itbr ijand, it bent upon' the homestead to show conclusively- that the land In more valuable for agricultural purposes than for mining. In this oa. we are of the opinion that the evidence will bear us out in the finding that th agricultural claimants have failed to prove this by a preponderance of evidence. The next question to be determined is whether or not said kits 1 and were, at the time applied for by said homestead claimants, within the limits 'of an Incorporated With this, Mr. Johnston admits that there is no Incorporated town of Superior.

But he does hold, and tbe' evidence in the ease wil substan mittee of tbrH was appointed to draft by-laws and select music. It is expected that a glee club wtl do much1 good for university spirit by introj ducing college songs, which have bere'' tofore been notably absent' 'fronr iht-' order of things. Rev. E. L.

Mills of Stevensville gave a very interesting talk to the student -during eonvoeatton yesterday! his'' theme, Jjfjng tbe usefulness of a Vol- lege education. He held that the oW objection that in college the" yohhfr man teams tbe ideal, but not the practical, was no longer true and eitetf several Instances in a humorous way to illustrate the change. Crafg' announced that tbe, new building. would he dedicated February 21' an? assured the students that the university's interests are being'well' lookx od after" in liokAi A 1m "ha heeu introduced appropriating to fln-t ish the buildings audits early -passage is expected, since it na been" favorably reported, by the committee. here.

The fairorc Monday-wa due to an accident. Through 'some Irregularity tbe water glass on the boiler registered a much greater amount of water than was in the boiler. When the fire was smarted there was insufficient wafer In the boiler. The result was a burst flue and tbe drown--itig of the fire. The tent was made by a representative of the company and the accident eecnxkuis no cost to the etty! The youug ladies of the University ilasket Ball and substitutes will leave for Great Falls this morning, where they will play the Fort Shaw Indian girls tomorrow night.

The Indians wore defeated by the Helena High School team early in the season, but their showing since then has been so good that, the diversity girls expect a hard game. Ooaeh Hargraves and his girls have not. relaxed their practice since the. Helena game" and they will do justice to themselves. Thone who will go are: EJoise Rlgby, Mabel Jones, Miriam Hatheway, Lucia MIrrelles, Dorothy Polleys, Carrol IWnlls, Agnert McBride, Maud Burns.

Ruth, Ward, The organist Ion ut the University (tlee club was completed yesterday and the young men composing it will begirt work at once under direction of Prof. R. Blinn Owen. The membership is about 20, must of whom have already passed a vocal test to determine their eligibility. A com RETURNED FOR REPAIRS.

Fire Engine Shipped to Missoula Injured in Test Made The new lire engine shipped to Missoula last week by the Mott Manufacturing company will be returned to the fae'ory at Minneapolis for repairs. The test made Monday was a' failure and an effort was made to get the engine In shape for a aecond test, hut It was found to be so badly damaged that the work ennnnt be done ffllSTMISSM1 San raMC4Se, Cat..