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

former was succeeded by Carter. the latte,
by a pliable piece of clay from Kansas
naEaed High. This fellow was q fit com
panion-piece to Carter.
In less than thirty days after Croft re
signed the Development company obtainee
acres), n j. M. Carey, the republican
United States senator from Wyoming,
found himself richer by about 100000.
During the winter of 1883 the Cana
dian parliament at Ottawa granted a sub
eidy to the Canadian Pacific Railroad COM
road to connect with the Montana Contra
railroad. A route was surveyed from Leth'
bridge, British America, to Great Falls,
Mont. The contract for building this road
was let to Donald Grant and Joseph Ross
In February, 1890, a large force of men be-
gan cutting ties on government land in
Montana for the Great Falls q Canada
railroad construction. Judge N. Hilgel
and others complained of this trespass,
The special agent made a report re-
ceived an answer, of which the following is
an exact copy:
LAND OFFICE, WASHINGTON, ID. c., April 81,
iS90. Referring to your report of the
18th inst. concerning timber cutting on
government lands for the construction of
the Great Falls d Canada railroad, you are
advised that there is no such road known to
this office, and the cutting and removal of
any government timber for it's construction
Is without authority of law. There has
been no right of way secured to the said
railroad under the law of March 3, 1875, and
therefore there has not been secured the
right to even cut construction timber upon
the lands adjacent to the line of the said
road.
There being no provisions of law author
ixing the cutting of public timber for rail-
road construction purposes from lands
sixty to seventy miles from the line of
the road" you are direosed to make COM
plete examination and report to this Office
of the cutting of pubic timber for the con-
struotion of the Great Falls u Canada rail-
road. Respectfully, W. nj. STONE.
Act. Commissioner.
The special agent investigated the dspre-
dation and obtained proof that 525. 900 ties
had been unlswfully cut on government
land for this branch of a foreign railroad.
than sixty miles from the line line of the
Great Falls Is Canada railroad.
The United States grand jury at Helena
indicted Ross and Grant on the criminal
charge of timber trespass, and at the spring
term Of court in 1891 they appeared for trial
at Helena and were defended by Col. W. +.
Sanders. ID was shown that Ross and
Grant were not the actual treapassers. as
they had sub-let the contract for ties. They
were acquitted. This teohnioality, however,
did not clear them from civil prosecution
for damages, as the law specifies that any
person or persons who unlawfully suits tim
Der ON the public domain. or who induces
others to cut such timber. or who receives
timber unlawfully cut on government land.
are liable to civil prosecution for the full
value, etc.
The United States attorney for Montana
was directed to institute suit for damages
against the Canadian Pacific Railroad com.
pany, the Great Falls g. Canada Railroad
company, and Ross and Grant jointly.
About this time MIR. Carter became COM
missioner. He had his liberal and gener-
ouH land policy" with him. A triumvirate,
composed of Garter, Power and the WAR
horse' was formed. The weak secretary of
general were waited upon, and the suit was
of.
In February, 1891, a petition protesting
against the extensive timber depredations
upon the public domain by the Butte q
Commercial company, near York,
Mont. was transmitted to the secretary of
the interior. II was signed by the follow
ing named settlers and miners who lived at
and near York: F. D.. spratt. T.. II. Spratt,
II. l.. Kincaid, o. A. Robertson, s. A. Han
ley, j. Woodward. Thomas Trealor, X.
Shannon, J. s. Bushell, Links Powers, s.
Marshall. Richard Hartop. James Phillips.
L. Doolittle, W. D. Doolittle, Jacob Hart.
b. Glenn, G. W. Mayo, J.. A. Bannatyne, s.
d. French, A.. L. Gilman, L. Williams.
Henry Byrd. Theo. Hirsch, Albert Yerger,
and r. D.. Cotter.
The special agent investigated the tres
pass and found that the cutting of timber
by the Butte d Montana Commercial COM
pany was a hardship on the York people
and 80 reported. In April, 1891. there was
1000, 600 feet of timber cut. Commissioners
Croft ordered an immediate survey of the
land preparatory to instituting proceedings
to enjoin this company from further tres
passing, and to begin suit for what timber
was cut; but at that junoture Carter became
the influential Butte d Montana company
was suspended. The company kept ON out
ting and the York people sent another long
petition to Secretary Noble in December,
1891. These settlers engaged Nelson &
Settles the Helena land attorneys. to repre-
peatedly, but nothing was lone in the
matter.
Tn special agent made three reports, the
last one. April 4, 1892, but these Commits
sioner Carter ignored. He could not be
liberal with his friends constituting the
Butte d Montana company, n generous
to the York people at the same time.
II might not be out Of place to mention
shat Thomas Couch. who was one of the
Montana delegates to the Harrison conven-
tion at Minneapolis. n l.. II. Hershfeld,
who was chairman of the Montana repub-
lican central committee in 1888, when
Carter first ran for congress. are stockhold-
era in the Butte d Montana Commercial
company.
Mrs. Slime. a worthy and respected lady,
residing for more than twenty-five years at
Alhambra Springs. Montana, occupied a
piece of land near that place. When it WAS
surveyed she filed OF the land. A fellow
named Fisher, claimed the same land. This
of course bred a contest. Fisher trans
ferred his claim in the land to some repub-
iican friends of MIR. Carter, residing in
Helena. In 1889 the special agent ~investi-
Mrs. Slime was entitled to this land, and he
SO reported. A hearing WAS ordered to be
held before the Helena register and re-
csiver to determine the character of the
land and to establish the bona tides of the
The liberal LANE policy had
already been ushered, n an EZRA of 1000
feeling" for the land Spectator prevailed.
The land was patented but not to Mrs.
Slime. This was done without the order
for the hearing being revoked. This was
an unprecedented proceeding. The Helena
parties can vote. Mrs. Slime cannot.
Afew years ago L. G. Power and A. N.
Hotter were reported for illegally fencing a
large tract of governmental n near Mullan
station in violation of the act of Feb. %, 1885.
ut was the just and rigid endorsements of
this law that started the howl from the un
cody against Sparks.) G. d. sullivan, a
Power and Hotter fenced in sixty acres of
his land. He comnlained tn tho dan,r+