Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1886-12-01
Correspondence Of The A1Hfs'-
THE VALLEY CITY.
Thanksgiving In Deer Lodge-kallr0aa
Assessment-Habeas Corpus Case
"A Ditch Project-Per'
sOnals, Etc.

Assessment-Habeas Corpus Case
"A Ditch Protector.
sonals, Etc.
DEER LODGE, November 70, $780,
EDITOR MmER-This is Thanksgiving day
and the green ~grocers' stands are bedecked
with dressed turkeys. chickens, pigs, ana
every other delicacy imaginable, indicating
the reverence and regard the people OF
even these remote mountain Businesses
have for the day set apart by the "dreas
Father at Washington" to render thanks
to the Giver OF all good and to the Ere
server of the universe. And while we are
enjoying all these blessings let US not 1orget
the lees fortunate who through their daily
struggles leading up to this scene, are per
mitted to look on, though unable, through
poverty, to fully enjoy it.
RAILROAD ASSESSMENTS.
The County Commissioners the first OF
the week met and concluded their labors
as q board OF equalization. They had
little to do further than to adjust tne
Northern Pacific railroad assessment.
The total number of acres turned in by
the company was 282, 700. Their valua-
ton was also attached to the list. The
Assessor fixed his valuation also, raising
the company's figures about 100 per cent.
Before final action was taken
on the Assessors report, the board ad'
journed for q few days in order that the
company's attorney might be present to
offer any argument he might see proper:
Hence Col. Sanders met with the board and
presented an argument in support OF inc
company's list of prices. He admitted
that Congress had passed q law assessing
the surveyed lands of the company, but
maintained that to make it operative the
legislature would have to pass a law in
consonance Herewith. The point raised
by Col. Sanders seemed to have struck the
board at q very Inappropriate time, as it
was just on the eve OF adjourning, and had
no time to seriously consider the matter.
The Colonel, after completing his argu-
ment. which was in his usual logical man
ner, departed for Helena before the beard
reached q conclusion. Subsequently, how-
ever, and on the same afternoon, the board
came to an agreement as follows: All lands
listed by the company for from 25 to 50
cents per acre should remain at those fig
ures, but all lands turned in at prices over
80 cents per acre should be raised a little
over 100 per cent. The conclusion of the
board was ~telegraphed to Col. Sanders, but
rs yet no reply has been received. While it
may be commended that the board was too
lenient in the premises, possibly it was the
best thing that could have been done-and
even under the terms agreed upon may not
be accepted by the company, necessitating
a lawsuit and possible defeat by the county.
came near to forgetting to state that
the Montana Union people also objected
to this assessment. The board added three
miles to the length of their branch line be-
tween Stuart and Anaconda, making the
line twelve miles in all. The company
having failed to turn in q list of rolling
stock on this twelve-mile line, the board
took the liberty to do it for them.
nABEAs Corpus CASE.
Harold J.. Schenck, who shot and killed
Philip Mozen in Beaverhead county about
the fourth of this month, was brought here
by Sheriff Jones last Monday to appear
before Judge Galbraith. His case came up
and was tried on the following day, Hon.
J.C. Robinson appearing for the defend
ant and Deputy District Attorney Barber
for the Territory. The facts, as your cor
the arguments were about as follows: Al
ter the killing the defendant was arraigned
before the Probate Judge on the result of
the coroner's jury. After the hearing the
prisoner was held in $4,000 bail which he
readily gave and was set at liberty. Sub
sequently he was re-arrested on the charge
of murder and brought before a justice Of
the peace for a hearing. Pending the ex-
animation, which seems to have been in
progress a day or two, proceedings were
stopped by the defendant being brought
here on a writ of habeas corpus. The de.
fendant's attorney claimed that inasmuch
as his Giant had been duly arrested. ar-
raigned and tried before a court having
inria6iofi0n in tho rroricoa onI tho india
ment of the court given, that made it
final, and that the party
was not subject to an arrest or examina-
ton for the same charge or alleged offense.
Mr.. Barber made an argument in support
of the position he had taken, and the mat
ter was submitted. Judge Galbraith tool
the case under advisement, and on the fol-
lowing morning refused the writ and re-
manded the prisoner to the custody OF the
sheriff. THEREFORE, it appears that a Sec
Ond arrest can be made in a murder case.
The defendant is a young man about 20
years of age and possesses a good honest
conference.-the last one that a casual
observer would take in a court room f,r
the prisoner on trfalfor murder. OF course
the facts as eli cited by your correspondent
in reference to the case are suppressed for
prudential reasons, believing it improper
to expatiate upon a matter that is subject
to judicial investigation.
A DITCH PROJECT.
A company has been formed to construct
q ditch sixteen miles long next spring. The
ditch is to tap the Deer Lodge river above
Race Track and end at Deer Lodge. 1t will
be seven feet wide at the top and six feet
at the bottom, and fourteen inches deep,
carrying a volume of 1 900 inches OF water.
This ditch will be the means of i~rrigating
over 5000 acres of land that now lies va
can't, besides assisting the farmers alongits
Katie Putnam played to a large audience
last night. She is a favorite here.
Marshal Kelly returned home to-day
from Helena on business, but returns to-
to attend court.
Lawyer Duffy, OF Butte, was in town the
other day seeking to get Judge Galbraith
to grant a respite in the case of q man that !
has been sentenced to hang at Dillon. He
was referred to the Governor.
Thanksgiving was a veritable holiday
here, the stores closed and everybody pur-
the even tenor of their way.
JOE BUSH.
Silver and Copper.
From the circular of Mathews & Webb.