Fairview history

In 1862 the Free Homestead Act entitled an applicant free-hold title of 160 acres provided that person “proved up” the land. “Proving up” meant living on the land for five years. Otherwise, the applicant could live on the homestead for six months, then choose to buy the land outright for $1.25 per acre. Each homesteader also paid a $10 filing fee.

In 1866 Captain Rankin along with 70 enlisted soldiers established Fort Buford to protect travelers who were heading west to the Montana gold mines, the railroad lines coming in and also the homesteaders.

Fort Buford, being a military fort, was entitled to the 30 mile square reservation, which no one is allowed to remain on excrept the military, their sutler and contractors. The rules specified that none of the land could be privately owned or leased. Squatters were allowed to live on the land only if they had permission. Fairview was in this 30 mile reservation, parts of 1st Hay Creek and just short of Sioux Pass. That is also why Williston, N.D., is at its current location instead of being established at the confluence.

In 1877, Congress passed the Desert Land Act. This act gave 640 acres to any claimant who irrigated the land within three years. The person had to pay 25 cents per acre up front and an additional $1 per acre after they’d done the irrigation work. This act appealed to cattle companies, and many companies moved in or started up. These companies would often pay men to claim the land. In turn, the company built the claimant the land a small cabin and irrigated the land. After three years, the claimant then transferred title to the land into that company’s name. The cowboys ruled the plains, Richland County was regarded as one of the premium stock ranges. There were acres and acres of free grass in eastern Montana.

One of the old time ranchers who established a homestead was K.G. Whistler. His ranch was later known as the Northey place on which the Howard coal mine is located. Whistler had been a commander at Fort Buford, when he retired. He homesteaded on the 1st Hay Creek just outside the Buford reservation.

The Buford reservation had been surveyed badly, and they needed an update. Wilson was hired to resurvey the land. He reported, “Whistler’s ranch is two miles on the reservation. Brake’s ranch is about 1,000 feet in on the reservation.”

Whistler’s ranch was located on Hay Creek and was beautifully situated. The General had gone to a good deal of expense in fitting up this place, no doubt, under the impression that he was not encroaching on the military reservation. A beautiful spring of cold water from the side of a hill within a few yards of the house, kept the produce nice and cool. A large pocket of timber in the immediate vicinity added additional beauty to the place.

This was bad news. Nobody wanted the job of kicking respected old soldier Whistler off the reservation. John Biddle assigned himself to the task of resurveying again. He finished and in his report recommended that the east and west boundaries be shortened to 28 miles from the original northern line. That would make Whistler and his neighbors legal. In order to clear himself for subsequent action, General Sheridan, commander of the army, ordered another survey. An “accurate” job was to be done. Once again, Biddle led the survey party. It was discovered other settlers were illegal, Douglas Bell on the east, and Merrill, Kinney and Towne on the south.

Major Terry, commander of the Department of Dakota, stated, “This strip of land is useless for military purposes, being of not present or probable future to the post.” These official papers were passed from office to office until it landed in the hands of President Cleveland who signed it and made honest citizens out of Colonel Whistler and his fellow invaders.

The name Girard came from Girard Butte, about two miles southwest. There is a story that the butte was named for the old army officer at Fort Buford, Girard Whistler.

With the abandonment of Fort Buford in 1895, the reservation was no longer of value to the army. President Cleveland authorized the transfer of the land to the Interior Department. Immediately, squatters began to move in.

The Interior held on to the land for five years, and in 1900 Congress got around to releasing it into the public domain. In 1903, Lou Newlon squatted on the land that now includes the Fairview townsite. The following year, he filed a homestead and “proved up” in 1904 because he was given credit for his prior residence. In 1907, Lou plotted three blocks on the east line of his homestead bordering on the Dakota line and Fairview was born.

EDITOR’S NOTE: Information compiled from Courage Enough, The Fairview Times and Sagas of the Smokey Water by Ben Innis.