The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1885-09-18
MONTANA IMPROVEMENT COMPANY.
The Case as Set Out In the Interior Department.
Special 10 Pioneer Press.

L @SPoSfA ~ fofccF TeSS.
WARRINGTON, Sept. s-The Northern Pa
cifc caught 1t again to-day. General Spark
issued an order defining how railroads ma
cut Government timber along their line.
Is only in time Of construction by properl
accredited agents, from and near the roa,
and for the purposes Of construction, and no
for fuel, building stations or fences, nor 70
sale to other companies, that Government
timber Is to be cut. The case out of whicl
this order grows was that of the Montani
Improvement Company. This concern Il
organized under the laws Of Montana, will
$1,000, 900 capital, q majority of which Il
owned by the Northern Pacific Railroad Co
| Eddy, Hammond & Co., of Missoula, owl
the greater part Of the remainder. One Of
| the partners, 4. l.. Bonner, is president Of
the company. The company has a CONTRACT
to furnish the Northern Pacific Railroad
with all the timber, cord wood and general
lumber from Miles City to wallula Junction
distance Of 925 miles. The company has
control of all the railroad timber land be.
tween these points, and claims control of the
Government timber land over that distance
also. The firm Of Eddy, Hammond & Co.
claim that Secretary Teller gave permission
to Mr. Bonner, in the presence of Major Ma
ginnis and Land Agent Lamborn, of the
Northern Pacific, to cut all the timber they
wanted off Government land where there
had been no survey. Eddy, Hammond s.
Co. built saw mills on the Flathead reserva-
ton and claimed to have permission from
Secretary Teller to cut timber there until the
Northern Pacific was completed to Portland.
The mills were run night and day, and be-
tween 1000 and 1000 men were kept en-
ployed. Much Of the timber was sawed into
shingles and manufactured lumber.
The Northern Pacific, according to evil
dence filed in the General Land Office. has
hauled the Montana Improvement Com
pany's lumber for less than that Of other
lumber concerns. Eddy, Hammond & Co.
are shown to have sent their lumber from
Spokane Falls to Endicott for S23 a car load,
when other parties were charged SAT load,
and thus competition was shut of, and Eddy,
Hammond & Co. had the trade alone. The
favored firm also assumed the right to drive
intruders off Government land. Settlers
were told that Eddy, Hammond & Co. would
prosecute them If they cut timber from the
Government land for their houses or fences.
Mr.. Lamar has rendered decision which
declares that there is no record Of permits
zion granted Eddy, Hammond g. Co. to cut
timber from Government land, nor IL there
were would 1t be legal, as the Secretary of
he Interior has no right to violate the law.
As an executive officer 1t Is his duty to see
hat the law is executed. He holds that
Eddy, Hammond & Co. are amenable for the |
imber they have cut, and Mr.. Lamar has |
that Attorney General Garland |
hall have suits brought to compel the former |
o make restitution. The Secretary holds |
hat the right to protect the Government |
timber, when unsurveyed, must rest with the |
United States. The railroad company, he |
lolds, has no right to protect 1t; for It's right |
ven to the alternate sections cannot attach /
Until survey is made to show which sec
ions are odd and which are even. Until
urveyed, Mr.. Lamar holds, all the lands are
nder control Of the United States. The
pecial agents of the Land Office have been
rdered out to take evidence, procure names
( witnesses, to ascertain the amount Of tim
er cut by the trespassers from Government
and, and report promptly. The suits are
kelly to be criminal as well as civil.