The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-11-02
Timber Trespassers Running for
the Legislature on the Re-
publican Ticket.
Suits Against Them Hung Up, They
to Vote for Carter for
Senator.
Carter Instrumental In Getting
Montana's Dover Out Down
Two-Thirds.
Instead of Eighteen Townships of Land
Along the saltwater tho state
Wli Get Six.

Mr.. Carter's liberal land policy" was a
food thing for the timber -trespassing cor
porations. the unscrupulous land specula-
tora and for the present chairman of the
republican national committee. This was,
and is apparent, That the generous land
commissioner in carrying out his liberal
policy had an eye to Cartet's future is a
fact that sticks out as prominently as .
sore thumb.
In March, 1889, when Mr.. Miller. of In
diana, became attorney general, there was
a suit pending in tho United States court
against 4. j. Lynde g. Co., of Bozeman,
Mont, for damages for tho unlawful cut
ting of 100000 feet of timber. In 1883
this company made proposition to the
then United States attorney. Robert b.
Smith, to settle the case by paying $1,000
and costs. Com missioner Stockslager
recommended that the offer be not accepted
and Attorney General Garland rejected the
proposition. He thought the sum made
quate to the amount involved. Mr.. Lynds
is still doing business at the old stand
operating on the public domain.
In July, $780, and twice during 1891. the
special agent called the commissioners at
tention to the Lynde case, but nothing has
been done in the premises.
In October, 1888, the settlers in and
about Noxon, western Montana. complained
| that the Dillon Lumber and Grain company
was uElewfully cutting timber on govern
| ment land near Noxon. Ike matter was
investigated and reported to the depart
ment. Commissioner Stockslager recon-
mended that the proper legal proceedings
| be promptly instituted, but before this
could be done there was new king in the
| land that "knew not Joseph
| w. II. Smead is the principal ssockholder
and manager of the Dillon Lumber and
Grain com pany. In 1889 Snead erected a
steam saw mill at Weeksville. Mont, and
began cutting timber on public unsurveyed
lands. Settlers living in close proximity to
the mill protested. The commissioner di-
reoted the special agent to employ sur
veyor and necessary help to survey the
lands trespassed upon and to report the
amount of timber cut on the even numbered
| fooyernment) sections. This was done and
| that ended the matter The product of
Smead's mill at Weeksville. like that of the
| Noxon mill, was shipped to Butte In viola
| ton of the aot of June 3, 1S78
| This law, "a long felt want" was en-
acted to enable persons to cut timber on
| government lands, but under the provis-
ions of the act ths different secretaries OF
the interior adopted regulations prohibit
| ing the cutting of timber on agricultural
lands and the shipment of such timber
''out of the locality where cut"
| Mr. Smead, emboldened by non-inter-
| ference built still another saw mill in 1891
near Kalispell. More than one hundred
| honest settlers of the Flathead region COM
planned to the department of the wholesale
devastation of timber lands in that coun-
try by Smead, the Butte IL Montana Com
merciai company, III. III. Hershtield's and
Thomas Couch's firm) the Great Northern
Lumber company and the Woods Bros.
These parties were moving wide swath.
Some of the ag9rieved settlers had recourse
to Senator Washburn. of Minnesota. Tho
| latter wrote a most forcible letter to Seore-
tary Noble. The perusal of this letter
must have caused the secretary's eyes to
bulpe out far enouQ to hang hat on.
Your correspondent later on will give the
kind and patient INDEPENDENT readers a
copy verbatim of this sensational letter.
We have already been guilty of digression
in this article.
Commissioner Carter was compelled to
act in the Flathead matter, and in Septem-
Der, 1891, the special agent was instructed
to investigate. The agent engaged John
Mercer, an efficient surveyor. and the nee
essary crew. Before leaving Helena how
ever. the commissions q brother tPort
Orchard Jon). John Carter. called on the
agent with the information of what Tom
yanted'' and what Tom didn't want
dome" Whether the special agent raid
any attention to Johns instructions must
remain q matter OF conjecture.
The frat case investigated WAS that of
Woods Bros, who unlawfully cut more
than 4,0O0, 900 feet of timber few miles
south OF Demersyille This land was un-
suryeyed at the time of the depreciation,
and the worst feature of the Woods Bros
trespass was the cutting of timber on the
} ..suuetters' claims" of A. j. Casey. Hiram
Wood and settler named Sanford. These
settlers were living on the land waiting
until ID would be- thrown open TO entry, 30
they could file on it. Sanford protested
against the cutting. but the Woods Bros.
were aware that the Liberal and generous
land poloY" WAS extended only to the in
iiuential and not to the poor settler. The
mill men settled with Casey by paying him
for about one half the timber. lie received
payment for 100000 feet. The special
agents settlement, however of the amount
was 73S. 600 feet.
The Butte and Montana Commercial
company cut something over 4.OOO.0O0 feet
of timber Smeaa obtained g. l00.0 900 feet.
The Great Northern Lumber company
caused more than 100000 feet 90 be ont.
} OF this amount the q. N. Il. Co. sold in
the log' B, ION, 900 feet to MIR. Smead. This
was a clear case of sale and speculation. "
Notwithstanding the charitable paragraph
of the act OF March 3, 1891, the operations
of the oods Bros, the Great Northern
Lumber company. and smead were unlsw.
full.
The special agent in his reports recon-
mended thas no CRIMINAL proceedings be
J instituted, but that suits Tor the value OF
the timber be instituted against the timber
companies. Nothing further has been dons
relative to these cases.
Ii is only right that settlers, mine owners
and all others living IN the great west
should be allowed all the government tim
her they require. The provisions of the
laws of June B 1873. and March 3, 1891, are
broad enough to meet tae needs Of che pe0-