The Helena independent., 1889-07-04
KEMPERP MOVE.
The Right of the N Orthern Pacific to
Cross Butte Addition Denied
by the Owner
The Workmen Ordes ed to Stop Opera
tion, and Work lr Immediately Sus-
pended by the Road.
Mr.. empers Views on the Matter and
the Opinion of e ne Northern Pa
cific Repp esentative.

BUTTE, July 81 Special TO the indie
pendent tl-Considert .ble of a sensation was
created to-day when it became known that
the Northern PAcin graders at work in
the eastern part OF the city had been or
dered 10 stop and THAT threats of violence
had been made. YESTERDAY morning the
Northern Pacific graz iers broke ground on
the kemper addit on. across which the
line had been surveyed. 5. V. Kemper did
not learn OF this proceeding until last
night, and this mo rning went down and
notified the workm en- TO quit, as he did not
consider they had any legal right to go
ahead. No violeT ice was used OF threat
ened, but the wGrkmen suspended opera
tons at once and will wait for instructions
from the legal d. d'spartment of the road.
Your eorrespo ,ndent called on Kemper
this morning and found him willing TO
converse on the subject He SAID: "We
cherish no a'1imosIty in regard to this
matter whatever, but consider that we
have certain Lights In the premises and are
prepared To d efend them in the courts. IL
takes two to make a trade We have been
ignored so ar entirely, and the time has
come for .. protest The commissioners
appraised our ground at half its value, but
we mace no complaint, being favor
ably di spOsed toward the railroad.
We are ready and willing now
TO accept the appraised va e,
but We can not get II, aid
we do not propose to let the railroad
company have its privileges of right of
way until they have been pail for. This
action has not been taken hurriedly, but
after due consideration and consultation
with leading lawyers we are confident of
being able to maintain our position in
court"
visit was shortly afterwards paid TO
Mr.. NJ. Fitzpatrick. of the Northern Pacific
counsel Mr.. Fitzpatrick thought Mr.
Kemper's action entirely unwarranted by
the circumstances. The Northern Pacific.
aecordin9 IN his views, was acting entirr,
within the provisions of the law in such
cases. The right of eminent domain WAS
intended to cover lust such cases as this, 20
as TO avoid delay in the construction of
railroads. He had been informed by engi-
neers in Butte that there was prob
ably not another piece of ground
in Montana so p.sstered over
with conflicting mineral claims as
that wanted for right of way and terminal
facilities in Butte by the Northern
Pacific railroad. Section 612 of
the compiled statutes of Montana pro-
vides that railroad may go into court,
have appraisers of right of way appointed
and pay the assessed money into court
This says Mr.. Fitzpatrick is just what the
Northern Pacific has done, and he thinks
it now rests with the court and the defend
ants in the proceedings to settle between
them and the parties to whom the money
belongs. The railroad company will take
immediate action, it is understood,
and he expects to have the work resumed
at once. Lawyers here think Mr.. KEN
per's action clearly a contempt of court,
but diverse opinions can be heard. Among
small property holders on the proposed
Northern Pacific line there Is coDsidera-
BILE feeling, and threats of violence toward
the railroad employees in case they attempt
to carry on their work are freely made.