The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-10-29

years all IL required to get land relieved
from ''suspension" or cancellation was FOR
a republican senator or congressman to
catch the ear of the commissioner or secre'
tary.
During the clean and wholesome admin
istration of President Cleveland the laws
were enforced. Under the able and thor
ough management of public land affairs by
Commissioners Sparks and Stookslager
there was no discrimination made between
tho rich and the poor, nor between demo-
cratic or republican Offenders. All were
treated alike. Sparks and Stockslager were
lust before being generous"
To illustrate this l will cite n similar,
though not a parallel case to that OF the
Great Falls ~ Canada railroad trespass. In
1887 the Utah Northern Railroad compan
changed is road. running from Ogden,
Utah, to Silver Bow. Montana, from q mar
row to a broad guage. The railroad COM
pany made a contract with the Big Hole
Lumber company of Butte City. for ties.
The special agent made a report in June,
1887, that the lumber company had fur
nished $4,000 ties. This was not a
"wilfulr' trespass. The ties were taken
from and adjacent" to the road. The
railroad and lumber companies labored un-
der a Misrepresentation. They thought that
they had n perfect right to take the timber.
The Washington authorities thought diff
ferently. The latter ruled that the Utah
Northern company exhausted It's right 10
take timber for construction purposes when
it first built the road and that the ties fur
nished by the Big Hole Lumber company
and others were for reconstruction pur-
poses.
Attorney General Garland directed the
United States attorney for Montana, the
Hon. Robert b. Smith, to begin suit agains at
the Big Hole Lumber company and the
Union Pacific Railroad company for dam
ages. (The Uthah Northern ia managed
and controlled by the Union Pacific Rail
road COMPANY and bears the same relation
to the Union Pacific railroad that the Great
Falls Il Canada railroad does to the Cana
dian Paoitc.) Notwithstanding that the
president of the Big Hole Lumber company
was VIM. A.. Clark, a leading democrat of
Montana. Garland, Sparks and Smith had a
sworn duty to perform and no generosity
or liberality to extend, and no friends to
favor. In the spring of 1889 there was paid
$11, $40 into the United States treasury in
settlement of this case.
At one term of court at Lewiston, Idaho
December, 1866, the government OBJ
tanned judgments as follows: Against
o. A. Dodge d Co. for $l0,016 and
costs; w. H.. Glassford g. Co., $500 and
costs, and against Zaoheus Lewis, 81 ,000
and costs. These Judgments were rendered
by different juries, citizens of Idaho, for
timbsr unlawfully cut on the public do
main. This was whom the laws were hon.
estly enforced by homes and efficient Of
ncers or the United States. 1t was when @
public Office was a public trust"
Mr.. Carter saw fit in his report to reflect
upon Sparks. Gen. Sparks was an honest.
able and efficient commissioner. 1t was his
business to enforce the laws relative to the
public domain. and not to set its laws aside
as Carter did. Sparks and Stookslager were
the best commissioners and Carter and
Stone the worst that ever managed the
general land Office. This, perhaps, is not
the expressed opinion of the INSCRIPTIONS
land speculator or the big timber trespass-
ing companies, but it is the opinion of the
honest, law abiding settlers. Allow me to
state why l think go:
In 1886 Col. Sanders, that gallant soldier,
who in 1863 preferred the air in Montana to
the draft back in Ohio. was nominated by
the republicans of Montana for delegate to
congress. At this time the idiotic howl
against Sparks was the loudest. Sanders
made Sparks" the issue-the only issue
of the campaign. The present governor
was the democratic nominee. To borrow
an expression from the late lamented
Marshal Kelley, lit wasn't Sanders and
Toole that ran for congress. 1t was Sand
ers ana Sparks, and Sparks was elected by
3, 700 majority" M. j. HALEY. :.