The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-01-23
NEEDS LEGISLATION.
An Injustice Against Yellowstone
County Which the Courts
Cannot Remedy.
Custer Now Collects Railroad
Taxes Which Should Belong
TO Yellowstone.
Tho School Moneys Of Lewis and Clarke
AppOrtiOned Among the Differ.
INT Districts.

land 400 feet wide and lob miles long run
ming into Yellowstone county. The strip 10
a part of tho Northern Pacific Railroad
company's right Of way. Tho railroad
company paid the taxes on this land into
right to tax the strip. Tho supreme court
gave an opinion on tho matter yesterday
in favor Of Custer county. II says that Vel.
lowstone county's remedy ia not in the
hands Of the court but lies with the legisla-
ture.
The action was originally against the
Northern Pacific Railroad company for
taxes, but the county Of Custer became a
party to the suit. The contention is now
between the two counties az the right TO
collect tho tax from the company. The
railroad company is d disintsrested party
and has paid the money into court to await
the decision Of the case. The tax in ques-
ton is fl, $751; Ri md was lev
led by each county upon the
right Of way OF the company o
strip 400 feet wide and extending westward
ly from the crossing of the railroad over
the Big Horn river. to tie crossing over the
Yellowstone river near Billings; which is
land coded by the Grow Indians, from their
reservation to the United States, and by the
latter granted to the railroad company for
right Of way purposes. The question be-
fore the court was as to which county has
Jurisdiction to tax the property within this
strip. The district conr decided in favor
OF Custer county, from which judgment
Yellowstone county appeals.
The controversy arose in 1889, under the
territorial government of Montana. TIE
act creating the territory included within
its boundaries the wholeof what is now the
Grow Indian reservation and the counties
Of Custer and Yellowstone and the strip of
land in question. The court here reciteg
the Indians. In examining the relations Of
the Grow Indians gnd the United States gov
ernmenttks court finds that or May 26, 1884,
the date of the act there was not within the
limits Of tie territory of Montana so Gre
ated, any land, as to which it had
been provided by treaty with the Crow
Indians, that it should not be included
within the territorial limits or jurisdiction
of any state or territory. The treaty with
the Grows of Feb. &, 1926, is one only OF
amity and 90 mInerce. In it no land in the
United States is separate for their use and
what became the territory of Montana is sc
set apart for them until the treaty OF May
7, 1863, whic.a was subsequent to the act OF
congress of May 20, 1864.
This latter treaty set apart for the abso.
Int and undjstnrbed use and occupation OIL
the Crow Indians q tract of land bounded
by the southern boundary of Montana, OF
the north by the mid channel of tho Vel
IowStone riy.r and on the west by a line
west of the st rip OF ground in controversy.
This whole area was within the then or
gained territ(sry of Montana and included
within itself tIajs strip OF Land, which after
wards became the right of way OF thu
treaty Of May a, 1863, was silent upon tn,
question of any rights or claims
of the Indians to havs or no
to have thei1 reservation included
within the boundaries Of The territory
From this the court concludes that til,
Crow reserve be tame and is a part of Mon
tana. The Ban mack session laws, Feb. 2
1863, divided Montana into Missoula, Dee
Lodge, Reayerj lead. Madison, jefferson
Ed2eetoi, Gala tin and Choteau. A grea'
district was left in eastern Montana which
was created into Big Horn county, this in.
cluded what is now Custer and Yellowstone
and the Grow res sfvation. In 1877 the leg
county to Custer, in honor Of the gallan
soldier who had js,gt fallen iii defense 81
her people. In 1879 the county seat was
named Miles l.not Mics City, in hoEol
of another soldier distinguished in he
history. The striEi of land remained still
within Custer coun ty. In tho whole his
tory of YeilowstoI 10 and Custer counties
the court found NO act of the legislator,
which took any OF this country south of tbs
Yellowstone river q ut of Custer and placed
it in Yellowstone.
In 1881 the Crows coded to the United
States a strip Of Ia d 400 feet in width OF
the line of tine def . lite location of the rail
road company tn trough the reservation
Thus the Indian til lie was e~xtinguished ant
the land belongs to Custer county, or Vel
lowstonc county, Or rather which county
has the right to tax this strip. This poI
ton Of the territory belongs to Custer fol
purposes of taxatio1L. The court says: wv,
have INDUCED III IL lis otherwise unneces
sarily yoluininous d u,cnssion of what hal
always seemed to us a very clear proposition
by reason of the mal fest injustice which
this condition of aft irs works Upon Vel
some remedy for this; injustice.
Cluster county, otherwise compact ir
form, stretches out ore its neighbor a she's
string district los mil ,ss long and 405 fee
wide. Custer county takes the fruits of tn
land in the way OF tExes, and leaves Vel.
lowstone county the llbor and expense o
maintenance. This il l~'ustice is SO glarint
and absurd that it den sands immediate leg.
~isiative remedy. That; remedy is not Mt tin
hands of this court AMI We can do nothing
but affirm the Judgment of the distric
court.
SCHOOL APPO11TIONMENT.