The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-03-20
CARD FROM MIR. STUBBS.
Relative to a Recent Decision of the As
sistant Land Commissioner.

Relative to a Recent Decision of the As
sistant Land Commissioner.
To The INDEPENDENT: My attention hal
been called to an article that appeared il
your issue of Feb. II, under the heading
''Kleinschmidt Won It," which refers te
a desert land claim a few miles northeast
of this city, contested by myself in the
local land Office. As it scores me severely
and further gives but a portion of the text
of the decision I take the liberty Of reply
ing.
have been accused by the acting COM
missioner at Washington of filing this con-
test through a jealous feeling or spite
against Mr.. Kleinschmidt. He says that a
careful examination OF the evidence dis
closes the fact that a ditch several miles
long had been run across the high places in
such a way as to furnish water more than
sufficient to irrigate all the tract, excepting
eighty to 100 acres. This l say is not in
accordance with the evidence. The evil
dence WAS that there was al old mining
ditch running though this section which
was called the Bannack ditch, which was
saying that the ditch run across the high
places. Neither Was there any to show that
he owned any interest in said ditch. Their
was also evidence showing that one-fourth
of the section was above the ditch,
tie land below the ditch had not been
IL. Igated and could not be without
lateral bitches and that there were none. l
think the evidence that the commissions
refers to was taken from Mr.. Burton's
brief. He also says that another ditch,
81, fipiapt 10 fr,ppiol u,ofan 10 .,,nA ~.
portion not irrigated by the main ditch
had been made at great expense, SO that the
whole tract could be irrigated ut the date of
contest and that several lateral bitches were
also opened. As to this / will state that
this contest was ordered March 6, 1883, and
that this ditch was not made till about
June l. rs the evidence will show.
lie says the real question on which the
Helena office decided the question was the
failure to actually spread water upon some
portion of the land, though it appears that
abundance could be Brought there. Now,
the evidence does not show that Mr.. Klein
schmidt had an inch of water to bring
upon the land. de says that the evidence
of the plaintiff (stubbs) was more or less
the result of feeling or spite against MIR.
kleinschmidt. To this l will say that it is
false. There was no such evidence, and
that he and myself are on friendly terms
and always have been since our first ac-
~quaintance over twenty years ago. as he
will say TO anyone that is curious enough
to ask him. Tho same feeling. he saws.
led him to bring the contest, ma he
expressly and emphaticalIy disclaims nh
preference right. Though Stubs tried to
excuse himself for bringing the contest by
Saying that he and others wanted the fence
torn down ana the land thrown open to the
public, yet it appears III evidence by credit
able witness that no and others brought
this contest to compel the parties to buy
them out The DON'T say who the other
parties were md that Stubbs sa,u unless
Kleinschmidt bought his ranch he would
more tnan the land was worth. Now, as to /
this oreditable witness and his testimony,
/ have this To say. He Is called on the
streets of Helena standing Witness L, w.
McNeal." lie hns been n witness in all of
the cases of final proof in that section, and /
there are a dozen or more. He has also +
been tue principal witness in tho contest |
cases. 1t appears that the commissions |
ouiV cnfsiu n sp"i' t"stimnav MS suits ono !
side of the case, for the evidence that was
given in rebuttal to this testimony we hear
nothing of. Ana further, M, X. viii
say 80 any one that may ask him TINT
never offered my ranch for sale to him. |
neither did no know that | want,
ed to sell it. he further saws
10 tk.) certainly showed good faith
by expendlng large sums of money
and fai hui WORT, Al rrpsy 10 this will
say there WAS no evidence that he ever
spent large sums OF money or did faithful
work on said land, except in final proof.
when f.. w. Mcheal testified that he bau i,
run 400 inches Of water upon the Inn / dnr.
ing she entire seasons of 1883, 1884 and 1885,.