Dusting Off the Old Ones was published in 1961 by W. B. Clarke, Miles City, Montana.
What Happened to the Red Jacket Coal Mine?
In our stories of the early day coal mines in this vicinity, we mentioned that the Red Jacket Coal Mine was located on a tract of land, upon which the north abutment of the Yellowstone bridge now stands. On January 5, 1883, Hugh J. Linn filed a coal entry on this tract, which contained approximately 20 acres of land. The coal mine was operated on it for several years, but it became unprofitable, and the land just lay there vacant and unoccupied. About 1900, R. C. Morrison filed on approximately 67 acres, adjoining the Linn tract, and when he fenced the land upon which he had filed, he also enclosed the Linn tract with his fence, making both tracts into one pasture. In 1912 Morrison filed an action in the District Court of this county to quiet the title in him to the Linn tract, claiming the land by adverse possession. This action was tried before the Hon. C. C. Hurley, the Judge of the district court and on July 2, 1913, Judge Hurley ordered judgment entered against Morrison and in favor of the owners of the Linn tract. This judgment was appealed to the Supreme Court, and on March 31, 1915, the Supreme Court sent its order to the District Court, reversing the District Court, and directing the lower court to enter a decree in favor of Morrison, thus giving Morrison title to the Linn tract. In the testimony given at the trial of the case, it was brought out that the record owner of this tract had had a representative here in Miles City, who attended to the listing of the land each year for assessment purposes and who paid the taxes on the land during the entire period Morrison claimed to be occupying it. Before the entry of this decision of the Supreme Court, the Montana law provided that title by adverse possession could be obtained by anyone occupying a tract of land adversely for a period of ten years. After the Supreme Court made its decision in this case, however, at the next session of the legislature, this law was amended so that a party must be in actual possession of the land under some color of title and pay taxes on it for a period of 10 years in order to obtain title by adverse possession. Each time, any of our readers go to the airport, they will pass over this tract of land that was obtained by Morrison by just simply fencing it in and keeping the fences up.