Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1884-07-17

THE PEOPLE vs.. DUNWELL
Abstract Of Findings Of Fact.

Abstract OF k1ndings Of Fact.
The court found that on July IA, 1883
md since that time, VIM. Martin was and
Is the sheriff Of Kootenai county. That
L. I. Dunwell is the sheriff Of Shoshone
That Prichard Gulch and its
indcntures and all the region draiped BY
he waters Of the north and south forks
f the Crur dAlene river are in Sho-
shonc county, and that since Feb. l, 1884
Dunwell and Martin have each claimed
to exercise the Office Of Sheriff Of their
respective counties within that portion
Of the Territory.
CoN6Lrs oNs OF LAW.
That the above region is in Shoshone
county; that L. I. Dunwell is the lawful
sheriff Of that county and is not guilty
Of the usurpation complained Of, and that
he is entitled to relief prayed for in his
answer and to costs and disbursements.
ABSTRACT OF OPINION OF HON. NORMAN
BUCK, FILED JULY Z, 1884.
After quoting the act Of 1864, organ
izing Shoshone county, the court says:
"Plaintiif claims that the point in the
Bitter Roots at which the range turns
west is about five miles south OF Sohon
or Mullens Pass and that the mountains
between the Cnur dAlene and St. Joe
rivers on the main range Of the Bitter
Roots and that at the time Shoshone
county was organized, in 1864, the Bitter
Root range, as then known, terminated
with these mountains. The defendan,
claims that the east and west range south
Of Ceur dAlcne river is but spur oi
the Bitter Root extended north Of the
Sohon or Mullen Pass and terminated in
Pen d'Oreille Lake. To determine the
understanding Of the Legislature as II
the extent and direction Of the Bitter
Root range and the range called the CDu,
d Alenc is the chief question in the case
and to determine this, witnesses have been
introduced, acquainted with the genera
understanding Of the people in the count,
at that time, with maps and historic work,
of that day. 1t is agreed by all the Wit
nesses who had travelled the Mullen roat
that it passed over the Ceur dAlen'
mountains and that the road was nortl
of the mountains claimed by plaintiffs .
the Ceur d'Alenes and that the roa,
passed over the summit Of the main rang
about FIVE miles north Of these mountains
Capt. Mullen built the Mullen road il
1863, the year before the Legislative &C
organizing Shoshone county. In hi
work published in 1865, page 63, he says
"When We reached the westerly slope 0
the Bitter Root range, or as it is calle,
by some the Ceur d 'Alene mountains.
On page l3 Of his notes, on the 19tl
days travel he says, "make an early star
and cross the summit Of the Bitter Roo
mountains. 1t is conceded that his roa
did not go over or upon the range o
mountains south of the Ceur dAlen
river but was at least Eve miles north Q
them at the summit. 1t is syparel
therefore that he understood the Bitts
Roots as extending still further north an
that the high mountains south Of hil
were not the termination of the Bite
Root range. He did not attempt to trac
the Bitter Roots further north on h
map, probably for the reason that he ha
not sufficient knowledge TO do SO correc
ly, but he recognizes the existence of th
main range at the point where he crosse
the summit. The evidence also show
that north Of the Snohon Pass the Bite
Roots were known not only as the Ceu
d'Alene but by various other name
probably determined by local feature
The various acts Of the Legislature o
ganizing other counties seem to recogni,
Shoshone as extending as far north
the 4Sth degree north latitude, which
conceded to be north Of the disputed =,
gion. 1t seems that the mountains claiu
ed by plaintiffs as the Ceur d'Alenes ri
almost but not the commencement Of tn,
part of the Bitter Root range known /
the Ceur d 'Alene aud does not constitu
the main range but that the main moul
tain formation known as the Bitter Ro
mountains extends much north of Il
disputed region and that therefore Il
region in dispute must be adjudyed to |
in Shoshone county.