Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1885-11-07
rne Great MONTANA flNRRR
STEAL

-
Railroad and the Montana Improve.
ment Company is one Of the principal
reliances Of :he CIV rnnea, in .he s.Its
against the comp sniss- A copy of ,he
contract vss obtained recently, and last
week Was placed IN the hands Of TIE
Attorney General for ass as evldsuc. m
the suits I, v.s siansd Jaly 2 lss3.
BY Henry Willard. Presidsos, and s.D'i
c. Wilkinson, Seeressry, for The N,1,b.
ern Pscih :, aud by z L. Bonner and J.
A. Robertson, 5 crst4ry, for the In
provemeat COMPANY, and 10 runs Ter
twenty yesrs- II vItnesseth that tie
railroad company grants 20 the improve
ment company the right 70 enter upon
all timber land. Of the railroad company
10 Montana aud Idaho. between NORTH
and south lines RAINING respectively
serooeh point osll1d MsC4rty's Bridge
on He'll q ate river in Montana, and
through Land Poiot, in Idaho, and %
situated tsss the timber thereon can be
conveniently and eoousmically brought
or taken TO mills on OF near
the railroad, or on Cl2rk's Fsrk
river. or on Lake Pend d'0rsille,
and any timbsr lands further
east than McC+rty's Bridge be-
longing to the Northern Paoife Rail
road Company. on sire tms running into
Lake Pend d'Ofsille. excepting such as
are on the right Of way OF the railroad.
and also excepting such lands near the
railroad a. the railroad company may
desire TO preserve, and shall from time
TO tune designate 10 the Improvement
Company. The right given 70 the I'm
provement Company 10 to cut and re-
move all merchantable timber bet veeu
the boundaries mentioned. The Nsrth
arm Pacific Company agrees TO transport
st reasonable charges. wnsn and where
it can be done without interesting With
the bosiHess Of the road. loQs aud tim
Der cat OF the said land, and delivered
by the improvement Company on board
the railroad ears, TO the mills erected on
the line OF the road. The railroad com
pany agrees to furnish siding for the
lumber company at each Of ito mills.
The rates are to be a. lov sa the rail-
road company will at the same time
Qive 10 any ether shippsr in like ooudi-
ton a. 10 location and facilities, and
sufficiently low to allow said Improve
ment Company
A RKAsoSABLI PRsFIT
selling lumber and the other prsduoss
Idaho towns. No other lumber COM
pany 10 TO have any lower rates or any
greater facilities, and The railroad CON
pany agrees 10 withdraw from sale all
its timber land adjacent to the road
within the boundaries mentioned and
II the Improvement Company will fur
nish ties, pilin9 and bridge timber a.
cheap as anybody elss. the railroad
agrees to take them from the
Company % far ~ needed
on the road in Montana and Iiaho.
The improvement Company agrees 10
pay for the privilegs granted by the
Northern Pacific 10. .00l full paid shares
Of the capital stock, o Juutina, as par
value, to tl,l00,0OO. rhess shares are
not 10 Be liable to assessment nor any
expenses, not exo pting Territorial
taxes. The Improvs msnt Company
agrees, TO the extent of iIs $3.50 800 Of
its capital stock. 70 furnish all the capi-
tai for the construction or purchase of
mills, boons, piers. dock yards, tug
boats and other necessary facilities, also
to build sawmiils, planning and shiugis
mills. drying houses. eto. IL agrees not
TO overstook the market, and 70 stop
outing when the company demands.
One CLAUSE 10 to the effect that both
companies will Join TO keep trespass-
rrs 81 government timber lands from
cutting more th 80 the actual wants OF
settlers for mining and oth.r don estio
uses" The Improvement Company
seseea 10 pay, in consideration Of the
facilities afforded bv the RAILROAD c,m
pany IN transporting its msnufactured
timber 10 village. slena the road 10
Montana and Idaho. 81 psr 1000 feet,
board measure, mill scale. settlements
to b, made every three months. or Of
tener, II desired. The failure of tie
improvement Company to fuifll any OF
the conditions may be oause for deolar-
ing the contract void. After the expi-
ration OF tue contraot the improvement
Company 10 to have SIX months time to
remove everything exc-pt piers and
d. cks, which become the property Of
tho Railroad company.
THE suRPRrsiSo rHrNa
About THE contract is that as the time
10 vas drawn and signed. there Vas not
a foot of surveyed land within the
boundaries dsscribsd Ia the dscumert.
TO go on and out timber without such
survey would be simply impossible.
without cutting even and odd sections
alike. What lands belonged 70 the rail
road could not be ascertaiRed. TO cut
timber 10 any extent involved the neo-
essity Of cutting on Government land
The timber could not be cot from the
odd sections and kept separate from
that cut of the evea ones. Nor has
either the railroad cempauy or the Ian.
provemens Company offered 10 pay the
Government for the timber cut from
the even sections. The agreement
ouoits any provision locking 10 the iden-
si6cation Of the railroad sections and
their separation from the Government
sections. In Q letter 10 Secretary Lamar
IL 10 shown by Land Commissioner
SparAs that there has been identi-
fied <S,0O0,0 600 feet Of lumber and bridge
timber, s<,74 railroad ties. 1900, 900
shingles, 81 ,SS5 cords OF wood. 5000
cedar posts. "rhe stumpaes," says the
Commissioner, ION the basis Of half the
quantity cot belonging TO the govern
meut. would exceed t500.O0o." Ths
O Commisaioner gives the following fea-
sons 10 the Secretary Why the tvo oom-
psniee should be proceeded against
wishout delay:
First-Tse lands were unsurveyed.
Second-No patents bad been Issued
for them.
Third-The lands vsrs mineral lands.
Fsurth-Raisea the bread question OF
forfeiture, che road hAd nos attempted
20 be deanissly located pass ths lands
in question ansil after the date By lav,
July 4. 1871, for 10 compilation, and
there 10 No provisioa Of lav By which
rishss eAn Be- acquired AFTER the exptrs-
ton Of that time.
Firth The road had not bean dean.
itely located iss entire length. It had
no right 70 thses OF oshes lands until
that condition vas fulfilled.
Sixsh-Materih change have been
made In the definite line Of the road
after the general limits we're desaanated
By maps.
TIE .ssrk ltss.
Hxv Yosx. Nov So 3. Sc l0SA.
xl~a fi3A, 4s fzsL. Pacide 6's lSsN.