The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1882-06-09
ARE nIvuLErs NAyrGABLEY

OF the case, bat which really leaves the issu
precisely as II was before, except that tn
settlers have the prestige of having repeIle,
the first attack from an unexpected quarter
The real point at issue Is whether our small
streams used principally for irrigating pur
poses on cultiyahle ground, but that b,
strengthening and clearing out could be made
subseryient in floating down wood and ties
can be legally used for that purpose by any
person or corporation, except by permission
Of the owner Of the land through which the
stream flows. And while there are not many
streams where the question would be so i'm.
portant as 1t is on Warm Springs, 1t is yet o
question that may be troublesome In MANY
other settlements, and that 1t would be we'll
TO have determined. The question of the
navigability Of streams is yet open. In some
countries, as In England, a stream is held TO
be navigable only to the point where the tide
GIBBS and flows, and this is the definition in
common'law. In some of the United States,
for obvious reasons, navigability is defined
otherwise, the general limit of 1t being a
stream adequate to float vessels TO carry
passengers and freight. In few of the
States, as in Maine and Michigan, where the
lumber interests and the floating of logs and
RATS are of great importance, the limit is
extended TO cover streams that in their nat
ural condition are capable of floating logs
We believe however, that in all States where
river Is not navigable in the common ac-
ceptation of the term it requires legislative
enactment to give II that status. In no in
stance that we are aware of has any State
declared navigable any stream as diminutive
and as "dewy" In the dry season rs Warm
Springs creek, a stream which it is stated the
irrigating bitches now constructed can en-
tirely exhaust in midsummer.
And yet, an attempt has been made and
probably will continue to be made, to pre-
pare and use this for the purpose of floating
ties and wood by an alleged corporation.
Under ordinary circumstances settlers op-
posing such project would only have TO
contest the act in civil suit, but the grew
ance has been aggravated in this case by
their arrest on a baseless complaint for
criminal act, and some thirty of them were
arrested and brought from their homes and
compelled TO answer under a perverted law
TO charge which, If sustained, would con-
sign them to the penitentiary. This was
simply an outrage upon these men and upon
the county which has TO pay the costs, and a
N YafFffa tf,a.v Fna
fact that the corporation attempting to do
this floating has no legal existence in Mon
tana-has not complied with the law and yet
asks protection Of the law-and that can not
sue or be sued In the courts Of this Territory.
In fact, 1t is not certain that If the stream
had been navigable and the corporation le-
gally established, IL would have any right to
cut ties under sub-contract for the Northern
Pacific road forty miles from its line and not
the most accessible it could obtain. 1t is
not only time such things should cease, but
that the agitation incident to such attempts
should cease. We hope the question will
come TO issue on its merits, aud be deter
mined by the courts. If 1t does not, the
Legislature should exercise whatever sover-
eighty 1t possesses and at the next session
define the status of streams In the Territory.
Ii there Is any exceptional condition as to
water existing In this Territory, 1t Is the fact
that lands can not be cultivated without ir-
rlgation and that the supply of water is in
adequate for the arabic lands. The denuda-
lion of the timber about the sources of these
streams will lessen the rainfall, hasten the
melting of the snow, and increase evapora-
ion. The floating Of wood and ties will in |
erfere with irrigation and the cultivation of |
arms, and thus there will be fieshets fol- |
owed by tie quick receding of the streams to |
minimum quantity Of water,while the use
II IL will have been interfered with during |!
he high stages. In addition to this the for
SITS on the streams above the farming lands
re the natural preserves for the valley
ands below from which the settler draws
Is fencing and hts fuel. 1t Is not equitable
nat the stream should be stripped of its
mber to ship TO remote places and he be
ompelled 10 60 far up the mountains to OBJ
lin necessary supplies.
We believe that the courts will hold that
herever there have been United States sur
eys, and these surveys have not treated
reams as navigable waters, but on the
her hand have measured their beds in as b
art Of the land to be conveyed. such
reams can not be used for navigation or
batting purposes, except by consent of the /
'rson or persons having title to the bed Of /
q stream. III this Is not adJaGicated before
Q next session of the Legislature, the /,
nited States surveys are certainly sufficient !
Ithority for such declaratory enactment,
I'd 1t should find a place In the laws. There Z
0 coal mines and exclusively forest lands
ough in Montana on the lines of railroads l
meet all demands for fuel and timber 5
thout drawing on and exhaustlng the tim q
T nearest our farming communities.
As against the particular corporation or II
ent involved in this, the settlers had no p
imosty. They seem to have been on
endly terms, and they regretted that the !,
election Of their rights and interests would {
event bis contract from being remunera-
g BY reason Of the long wagon haul, but q
ey determined to contest his alleged legal =
ht TO use the stream, and intend to con- r
. It at every step. II that legal right ex- f
under present laws, the law should be u
anged. 1t is too important question to .
main open, or TO remain closed the wrong "
". In
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Texas Poiitics. n
DALLAS, Tex, june 3.-Circulars have =
IN received from administration circles If