Daily Yellowstone journal., 1890-06-26

and collect taxes from the Northern
Pacific RAILROAD for it, track over the
Crow reservation. The question had
been decided in favor Of Custer county
by Judge Milburn at the April term Of
the district court in Yellowstone
county, but the board had not heard
Of the decision. 1t Is presumed from
what transpired yesterday thst had
they been spprised of IL, the necessity
for q session here would not have ex-
listed. Being here, however, and hsv.
ing a representative from each county
to meet them by appointment they
decided to hear what there WAS to be
said In the matter.
The board convened in the Office Of
the county clerk at 2 o'clock p. m I,
there being present the state officials
above named, County Commissioners
Nutting and Spear and District Attor-
ney Goss, of Yellowstone county,
County Commissioners Haynes, Smell
and Mckay snd County Attorney
Ross, of Custer county. aud Judge
Strevell, who also appeared for Cu.ter
county.
1t being decided that Custer county
should open the case Mr. Ross WAS
call d upon. Responding to the call
Mr.. Ross merely stated that there did
not seem to be spy case to open, inss-
much n the question had been passed
upon by J dye Mlburn and no appeal
taken from the decision. Custer county
stood upon the decision Of Judge Nil
burn. The board not being familiar
with the case referred to as having
been passed upon by Judge Milburn,
Judge S,revell explained that II was a
csse wherein Yellowstone county had
sued the Northern Pacific railroad
company f,r taxes on 81 miles of road.
way traversibg the Grow reservation
from the Big Horn bridge to the cross.
ing of the Yellowstone at Coulsop.
The railrosd company before and at
the beginning Of the suit stood ready
TO pay the amount due for taxes,
about 81 500 to whichever county
was entitled to IL and disclsimed any
further interest in the controversy,
aud by an order of the court, Custer
county was compelled to i1terplead.
After full hearing the court rendered
decision (which was read) declaring
Custer county to be invested with the
right Of taxation of sll the property of
the Northern Pacific road IN the Crow
reservation. Judge Strevell informed
the board that this wa, the second
time this question hso been passed
upon, the other case being that of
Yellowstone County vs. Nelson Story,
wherein that county sought to collect
taxes belonging 10 the defendant Story
and ranging on the reservation. This
case was tried before Judge McLeary,
who held substantially as did Judge
Milburn.
Gov. Toole here stated that as
me mber of the board he did not care 10
hear any further argument, accepting
the decisions Of the courts for the time
being.
Mr.. Goss, appearing for Yello wstone
county, thought 1t proper to present
the case 10 the board Ms an original
one, irrespective of what the courts
had held. He thought the Story de-
cision did not affect the case. because
the Northern Pacific company did not
claim that their property should not
be taxed a. did Story. He thought
the present question an original one
aud that 1t should be 80 considered by
the board. He was not ready tn con-
cede that the Crow reservation was q
part Of Custer county and cited the
fact tn 4 by legislative enactment the
railroad right Of way had been At
tached to Yellowstone county for judi.
cial purposes. Mr.. Goss talked at
some length, making the best be could
out OF q bad case, but on concluding
the board adjourned with the very
evident impression that the courts had
taken the matter out OF their hands.
The only remaining question-that Of
actual mileage on the reservation, is
furnished by the railroad campsny's
return, which IL was understood would
be accepted.