The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-12-21
but IT'S BEEN USED
This Long-Term Road Litigation Will
Be Settled.
CREvAssE WORKS CLOSED
Sam Wilson's Saloon Stock and
Fixtures Sold at Sheriff's Sale
Hunters Springs Attached
Other Livingston News.


Special Correspondence of the Standard.
Livingston. Dec. 19.-County Attor-
ney w. H. Pooman has instituted an
action In the district court of Park
county. under section 1900 of the new
political code. for the purpose of set
Ting the interminable wrangle that
has been going on among the ranchers
living near Cokedale for a number of
years with regard to the roads in that
vicinity. 1t will be in the nature of a
test case and the outcome will be
awaited with general interest, as the
question involved is one that has not
thus far been judicially passed upon in
any county in the state. The section
referred to reads as follows:
'All highways. roads, streets, alleys,
courts. places and bridges laid out or
erected by the public, or now Travelled
or used by the public, or IL laid out or
erected by others. dedicated or aband-
oned to the public, or made such by
the partition of road property, are
public highways"
The suit in question is brought by
the state ex rel ]. A. Bender, road SUI
pervisor. VS.. Tmoas Craig. The road
in dispute is not a regularly laid out
county highway. but 1t has been in use
for the past IL years by different par
ties. 1t runs through Mr.. Craig's
ranch. and several weeks ago that gem
tleman effectually stopped further
travel thereon by erecting a barn on
the road at a point where the struc-
ture reached from bluff to bluff.
In the complaint the plaintiff alleges
that the road is a public highway;
that Ii was laid out by private parties
and bandoned to the public use as a
public highway: that IL was so used
until DISTRACTED by the defendant;
that said obstruction IL a public nuis-
ance and illegal: that said highway is
used by the community of Cokedale
to haul fuel and other supplies; and
that defendant refuses to either re-
move the obstruction or allow it to be
removed. Wherefore. plaintiff prays
that the obstruction be declared a pub
lie nuisance: that the defendant be or
dered to remove the same, and that he
be enjoined from ever again obstruct-
ing said highway. The case will come
up before Judge Henry at the Janu-
airy term of the district court.
The Homestake people of the Black
Hills. who. six weeks ago, took
charge of the McConley Mining
company's poperty at Crevasse. near
the National Park. under an agree
ment with the attorneys representing
the different creditors of the company,
have closed down the mine and 20
stamp mill and the sheriff is again in
possession OF the property. This is the
property attached last August by diff
ferent creditors having claims aggre-
eating about $4,000. Two months af-
ter the attachments were placed, rep
resentatives of the Homestake people
appeared on the scene and secured an
option on the porperty and the right
to make a test run of so days. 1t is
not known what conclusions the
Homestake people have arrived at, but
their unexpected REIMBURSEMENT of the
property Is assumed to mean that they
do not care to purchase 1t. Sheriff
Young went up to Crevasse Thursday
morning to take possession of the
property in response to a telegram
from Mr.. Blackstone. the Crevasse
representative of the Homestake peo-
ple.
The Sam Wilson saloon stock, re-
Gently attached. was sold at sheriff's
sale Wednesday and brought 1885. an
amount but very little i'm excess of
the labor claims, which take prece-
dence over the attachments placed by
Beley & Polutnik and A. j. Campbell.
There is nothing certain about even
the labor claims being satisfied out OF
the proceeds of the sale. for the county
treasurer has a six months license
claim of $3.50. Mr. Wilson's liabilities
were greatly i'm excess of his assets.
IL Is expected that the house will be
opened again about the first of the
new year by other parties. Frank
Beley has secured a lease of the build
ing and bar fixtures.
Alex Young of the sheriffs office
went down TO Hunters Hot Springs
Thursday and levied on the springs
and the land on which they are stu
ated at that health resort. The at
tachment is at the instance of the
Yellowstone National bank of Billings,
which has commenced an action in the
district court of Yellowstone county TO
recover the sum of s4.303 from f. Fl.
Gagnon.
The wife of Lace Taylor of Clyde
Park has filed with County Clerk An
gus a separate property list. claiming
individual ownership of 30 head of cat
tie. two horses. so chickens, 1000 bush
els of oats. 100 bushels of wheat and
all the farming implements and house
hold furniture on her husbands ranch.
August Myer and William Handy
have opened a barber shop in the Miles
block basement. Mr. Myer is a recent
arrival from Sheridan, Wyo.
n. II. Emmons and Miss Jorgenson.
both of Gardiner stole a march on
slipping off to Sheridan. Wyo, and
getting married. Mr.. Emmons and
bride were in the city Thursday on
their return home.
Judge Frank Henry and District
Clerk Bailey returned Tuesday from a
business trip to Emigrant Gulch and
Six Mile.
This Ia Romanre