The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-12-09
THE COMPANY wins It.
Verdict for the Northern Pacific
in the Case Against Sheriff
Quigley.
It is Awarded @1,84O for Tim
Der Gut from It's Indem-
nifty Lands.
The Gambling Cases go up from the
District to the Supreme Court
on Exceptions.

The jury in the case Of the Northern Pa
cific railroad against ]. Z. Quigley, sheriff
OF Deer Lodge county, found a verdict in
the United States circuit court yesterday in
favor of the company. The verdict called
for the return of about 200, 600 feet of tim
Der cut from the Northern Pacific lands, or
its value, which the jury fixed at $3.50, or
$3.50 a thousand feet. While QuiQley is
made the defendant in the suit he is in
Identified from loss by bond given by
Bach, Cory & Co., Of Helena. The case is
interesting in many points. 1t is the first
time that property in possession of a sheriff
has been successfully replevined or its
value recovered. It also settles the fact
that the Northern Pacific has right to re-
cover damages for timber cut from its
lands, of which there are said to be many
instances.
Briefly stated, tho history of the matter
is this: VIM. Brennan and Thomas Coffey
owed Bach. Cory & Co., about $1,000 for
supplies. They had cut timber from the
lands of the Northern Pacific in Deer
Lodge county. Bach, Cory d. Co. attached
the lumber for the debt, and it was turned
over to Sheriff Quigley and sold. The
money was turned over to Bach, Cory u
Co. The claim of the railroad company
was that the timber being cut from its
lands, belonged to it, no matter in whose
hands it might be. The sheriff being the
last party that had possession OF tho prop
| erty, the suit was brought against him. Az
he was acting in an official capacity when
he seized the lumber, Bach, Cory d. Co.
guaranteed him from loss.
The defendants lawyers sought to raise a
new point in the case. They claimed that
the act authoring the construction of the
| Northern Pacific provided that as twenty
| five miles were completed. the president
| was to appoint the surveyors, who were to
examine and see that the work was done ac-
cording to law. These reports were sub
mitted to the secretary Of the interior.
who recommended to the president that
they be approved. The president accord
ingy marked them approved. The conten-
ton was that the reports should have gone
| to the president direct for approval or dis
approval. Judge Knowles ruled. however,
that the matter of approving the reports
was a ministerial act, which could be per
formed by II secretary for a president, An
exception was taken on that point for the
purpose of asking for a new trial. An
other claim of the defense was that it tho
parties took the timber innocently. they
were only liable for its value at the time 1t
when dressed and on the market. The
Northern Pacific sells the right to cut tim
Der at 81 per thousand feet stumpage. The
timber in question, when dressed tor mar
ket, was worth $40 per thousand. The jury
assessed its value at nearly the top
of the two extremes. 1t is believed that
the result of this case will prevent any
great amount of timber stealing in the
future from the Northern Pacific COM
pany's lands. The attorneys for the COM
pany regard it as decisive and important
victory in dealing with these cases.