Timber Claims in LaMoure County

For the last couple of weeks, I’ve talked about timber claims and the Timber Culture Act.

Because my 2x great grandfather claimed 160 acres through this Act, I became interested and looked for more documentation.

The paper trail has left me with more questions than answers.

Location

Franklin Hesse (1861-1935) claimed the land in 1881. Six years later he relinquished that timber claim. But on this 1913 map, it shows that he owned the land.

How is this possible? Did he really give up that “timber” land?

1913 plat map of Grand Rapids Township in LaMoure County, North Dakota¹Ogle, George. Standard Atlas of La Moure County, North Dakota. Ogle & Co: Chicago, 1913. Plat of Grand Rapids Township, page 28.Courtesy of Digital Horizons (North Dakota Atlases and Plat Books Collection, ND State Library)
pink = 1881 Hesse timber claim
white = 1881 Hesse homestead claim

On June 3, 1881, Franklin Hesse claimed 160 acres in LaMoure County, Dakota Territory under the Homestead Act (see this blog post for details). That very same day, he claimed an additional 160 acres under the Timber Culture Act of 1873.

Back Up!

Who also claimed this land?

The Fargo Land Office recorded each of the claimants of Grand Rapids Township No. 134, Section 34, Range 61.²Bureau of Land Improvement. Tract Book 52 (Dakota Territory). United States Bureau of Land Management, Washington, D.C. FamilySearch Database with images (accessed October 19, 2023). Highlighted numbers added by author.

1. William Ellsworth

First to make a timber claim in Section 34 was William H. Ellsworth. He did not live in LaMoure County; he lived/homesteaded in Morton County, which is west of Bismarck. [The Timber Culture Act of 1873 did not require the claimant to live on the land.]

Why did William make this timber claim that was over 150 miles from his homestead? Was he testing out the land in two locations in Dakota Territory?

There are several things that stand out to me:

1. The date that William’s timber claim was cancelled was the exact date that Franklin applied for his claim: June 3, 1881.
2. William’s timber claim acreage became part of Franklin’s homestead + timber claim.
3. To date, I can find no familial relationship between Franklin Hesse and William Ellsworth. William was born in Michigan³1870 U.S. census, population schedules. NARA microfilm publication M593, 1,761 rolls. Washington, D.C.: National Archives and Records Administration, Place: Iowa, Wright Co., Clarion Township page 3, Aaron Ellsworth family, line 29. July 6, 1870. and married in Iowa.⁴Iowa Department of Public Health; Des Moines, Iowa; Iowa Marriage Records, 1880–1922; Record Type: Marriage of William Ellsworth and Gertie Mower, April 23, 1881.
4. When they each made their claims, they were young, single men who were not residing full-time in Dakota Territory.

Franklin MUST have been acquainted with William. To date, I do not know how the men were acquainted.

Ellsworth Relinquishes his Timber Claim

Fargo, D.T. Land Office, Timber Culture #3973⁵Timber Culture (cancelled) file No. 3973, William H. Ellsworth, March 16, 1880, Fargo, North Dakota Land Office; Records of the Bureau of Land Management, Record Group 49; National Archives Building, Washington, D.C. Relinquishment, dated May 30, 1881 and marked cancelled June 3, 1881.

William H. Ellsworth applied for a Timber Culture on March 16, 1880. On May 30, 1881, he relinquished his claim thus:

Owing to inability to comply with the requirements of the law, I hereby abandon the Tree Culture Claim on the E 1/2 NE 1/4 and North half south east quarter Sec 34, 134. 61, and surrender the within Receivers Receipt No. 3973 together with all claims and demands thereunder.
William H. Ellsworth

In presence of
E. P. Wells
R. S. Reeves

Territory of Dakota
County of Stutsman

On this 30th day of May AD 1881 personally came before me William H. Ellsworth to me known to be the same person described in the within R. Receipt and who executed the above abandonment and he acknowledged that he executed the same freely and voluntarily.
Arthur W. Kelly
Clerk of District Court for Stutsman County
by E. P. Wells Depty [Deputy]

Cancelled by Rel [Relinquishment] on June 3, 1881 at 3:45 pm
Horace Austin, Reg.

Hesse Claims Timber Culture – the next day!

Fargo, D.T. Land Office, Timber Culture #5692⁶Timber Culture (cancelled) file No. 5692, Franklin Hesse, June 3, 1881, Fargo, North Dakota Land Office; Records of the Bureau of Land Management, Record Group 49; National Archives Building, Washington, D.C. Affidavit, dated May 30, 1881.

Franklin Hesse made an affidavit in application for a Timber Culture on May 31, 1881.

Items to note:

• Franklin Hesse swears that he was over age 21; he was not.⁷Franklin Hesse’s birthdate is given in his newspaper obituary as August 11, 1861. So, he would have been 19 in May of 1881. “Final Tribute Paid to Franklin Hesse.” LaMoure (ND) Chronicle. January 17, 1935, page 1. In his Homestead affidavit, he also swears to be over age 21.
• Affidavit is signed the day after William H. Ellsworth abandoned his claim in LaMoure County, Township 134, Section 34, Range 9.
• Affidavit is signed by the Clerk and Deputy of Stutsman County Court, the same as William Ellsworth’s statement of abandonment.

Map of the Overlap

Quick sketch of Grand Rapids Township 134, Section 34, Range 61 showing the overlapping claims
Full section = 4 x 160 acres = 640 acres

• yellow = Ellsworth’s Timber Culture claim (160 acres)
• red = Hesse Timber Claim (160 acres)
• blue = Hesse Homestead Claim (160 acres)

More Questions

Was Franklin Hesse acquainted with William Ellsworth? If so, did Hesse have knowledge of Ellsworth’s upcoming abandonment of the LaMoure County land?
Did Hesse misrepresent his age to be able to obtain the land sooner?
Were the “timber” acres necessary for Hesse to have enough grazing land for cattle?
According to the Tract  Book, Hesse relinquished the timber claim in 1887. Then who claimed it?
Did he ever try to grow trees on the land?
Was Hesse using the loopholes in the Timber Culture Act for tax-free use of the land?

SOURCES

• 1
  Ogle, George. Standard Atlas of La Moure County, North Dakota. Ogle & Co: Chicago, 1913. Plat of Grand Rapids Township, page 28.
• 2
  Bureau of Land Improvement. Tract Book 52 (Dakota Territory). United States Bureau of Land Management, Washington, D.C. FamilySearch Database with images (accessed October 19, 2023). Highlighted numbers added by author.
• 3
  1870 U.S. census, population schedules. NARA microfilm publication M593, 1,761 rolls. Washington, D.C.: National Archives and Records Administration, Place: Iowa, Wright Co., Clarion Township page 3, Aaron Ellsworth family, line 29. July 6, 1870.
• 4
  Iowa Department of Public Health; Des Moines, Iowa; Iowa Marriage Records, 1880–1922; Record Type: Marriage of William Ellsworth and Gertie Mower, April 23, 1881.
• 5
  Timber Culture (cancelled) file No. 3973, William H. Ellsworth, March 16, 1880, Fargo, North Dakota Land Office; Records of the Bureau of Land Management, Record Group 49; National Archives Building, Washington, D.C. Relinquishment, dated May 30, 1881 and marked cancelled June 3, 1881.
• 6
  Timber Culture (cancelled) file No. 5692, Franklin Hesse, June 3, 1881, Fargo, North Dakota Land Office; Records of the Bureau of Land Management, Record Group 49; National Archives Building, Washington, D.C. Affidavit, dated May 30, 1881.
• 7
  Franklin Hesse’s birthdate is given in his newspaper obituary as August 11, 1861. So, he would have been 19 in May of 1881. “Final Tribute Paid to Franklin Hesse.” LaMoure (ND) Chronicle. January 17, 1935, page 1.