The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1882-06-16
THE WARM SPRINGS QUESTION.
The Interests mt Stake and What Is Being
Done.

Our mention of the Warm Springs I'll,
Floating Suit ended last week with the dis
charge Of the persons arrested under tht
Illegal interference act, and the dismissal o.
the complaint under the riot act on motion
Of the prosecution, the costs in the latter
case, amounting to something in the neigh
borhood Of $50, being taxed to the prosecut
ing witness this latter Mr.. May berry paid.
| Subsequent to the hearing, the Northern
Pacific Railroad Company released Mr. May.
berry, or the Western Wood and Fiune Co.,
| from the contract, and assumed charge of the
business, Mr.. Mayberry continuing work for
the Company. In this connection 1t il pro-
| per to state that an ERRONEOUS impression has
prevailed, land we gave expression to 1t last
week. that Mr.. Il. l.. Bonner had the con-
tract for these ties. He had not, but wis
authorized as agent of the N. P. r. r. Co. to
make this particular contract, he being in
New York at the time, and directing the
house here TO let it. preferably to Morgan
Evans and Others, but on their declination to
some other person.
We believe no further attempt has been
made to float ties in Warm Springs Creek,
and presume that the right to do SO will be
tested in Court or the matter be adjusted by
mutual agreement before so proceeding 1t
seems to Us this Is the only right way to pro-
coed, and understand this to be the purpose
Of the Northern Pacific Company. An agreed
case can he made and judicial decision had
without personal strife. If the Company or
any person has legal right to use Warm
Spring Creek as public highway, the set
tiers will have to yield ifthat carries with il
the right to enter their fields, traverse the
banks and alter or remove their irrigating
dams, they will have to yield to that. If the
stream is not legally navigable by the public
for floating purposes; If the Government has
conveyed sole right and title to the bed of the
stream to the owners of land on it, and the
laws recognize that conveyance as good
against use of the stream for floating ties or
other purposes of public highway, then the
Railroad Company will have TO yield. While
we believe the land owners have the law on
their side, it is still an open question aui
may be decided adversely to them. It
is new issue In Montana, one in which vast
and far reaching interests are concerned, and
we trustit will be speedily determined with
out being complicated by minor issues of a
personal nature.
We think the question Of floating the few
thousand ties now cut on Warm Spring
is not the matter that concerns the settlers.
But that act will, if legal and the United
States timber laws will permit it, open the
door to wholesale telling and floating out of
ties, frewood, etc. from the forests lying back
of Warm Spring settlement and to which
those farmers look for the permanent supply |
of fencing and fuel 1t might lessen the cost |
of wood in mining camps and be of Temporal |
ry advantage to mill owners and the railroad |
company that haul the wood; but it would |
throw out of employment large numbers of |
wood haulers whose earnings now 90 to |
make up the prosperity of the camps, and 1t |
would sacrifice to temporary interest the
welfare of settlement on farming lands that |
will he productive and valuable for all time.
To maintain the value and productiyeness of |
these, yielding annual harvests for genera
lions, is of greater interest to railroads than
10 secure the tie-timbers and fuel on the
pecially short-sighted when there are limit
less forests on their lines not subject to these
and which would give n longer
railroad haul. These are considerations that
enter into this case, and we believe if the
ssue were decided in favor of the settlers, so
hat the floating should not establish n pre-
,edent against them, the Northern Pacific
Company would be given permission by the
settlers to run out the ties now cut at a nom-
nal charge II not entirely without charge or
,indrance. They have no animosity toward
he Company. They are merely asserting
what they believe are their rights In view of
III act that they believe will be n great, far
eaching, continuous and increasing evil, and
hey would be recreant TO their own interests
( they did not do so. The Northern Pacific
Company has also interests involved In the
judicial determination of this issue, AZ rela-
ing TO other localities, but we can say adj
yisedly it does not contemplate and will not
Ittempt any trespass. The speedier the Judi
ial determination of the question as to what
lights exist the better for all concerned.