The Anaconda standard., 1896-05-14
Butte Department.
THAT SPUR At DIVIDE
The Hearing That Was Not Had in
Judge Almon's Court.
THERE is A BIG FIGHT ON
Lavell Tore Up Sections of the
Track. Replaced Ills Fences,
and the Railroad Company
Had Him Arrested.

Geon Lavell was to have had a hear
ing before Judge Almon yesterday af-
ternoon on the charge of tearing up a
section of the Utah Northern spur at
Divide, but when County Attorney
Wines discovered that the case involv-
ed a question as to the ownership of
the land on which the spur is laid, he
ordered II dismissed. The old contro-
versy is consequently as far from a set
tlement as ever, and the war is still on.
The history of this complicated case is
quite interesting, and 1t appears to the
casual observer that Mr.. Lavell has
rather the best of 1t. Mr.. Lavell owns
the Wunderlich ranc and also an ad-
joining piece of property at Divide sta
ton, between the Utah Northern and
the Big Hole river. In 1888 Frank Miles
operated sawmill on the river, but he
found that he was unable to market
his products successfully without hav-
ing switch into the mill. The railroad
agreed to put in switch to the mill
from Divide, provided that a right-of-
way could be secured. The line sur
veyed for the track cut off a corner of
the Wunderlich ranch and then crossed
the road and skirted the upper edge of
the adjoining ranch. which is also own
ed by Mr.. Lavell.
Through Mr.. Miles, the railroad COM
pany secured Mr.. Lavelrs consent to
move his fences back from the road
eight or ten feet for distance of about
1,500 feet 1t was the understanding, 1t
is alleged, that this arrangement was
to continue for two years and that at
any time thereafter the railroad COM
pany was to take up the track and re-
place the fences whenever requested to
do so by Mr.. Lavell, and Mr.. Miles and
the company were also to keep the
fences in repair. Subsequently Mr..
Miles disposed of his interests to E.
M. Trask and w. A. Clark, who after
wards failed to keep the fences in re-
pair, according to agreement. Mr.. La
veil finally told them that II they did
not keep up the fences and protect his
cattle he would tear up the track. This
threat was taken seriously and the
railroad company attempted to secure
an injunction from the United States
court restraining Mr.. Lavell from inter-
fering with the track. After hearing
the facts in the case, however, Judge
Knowles refused to enjoin him. The
railroad company then entered a con-
demnation suit in the district court for
the purchase of the corner of ground
which the switch cut off from one of
the ranches. The commission awarded
Mr. .Lavell $500 for seven-tenths of an
acre, and the money was paid over
The railroad company apparently for
got about the strip of ground 1900 feet
long and eight or ten feet wide which
their track took up on the adjoining
ranch. Mr.. Lavell did not forget about
II, however, and two or three days later
he moved the fences back where they
were originally and tore up the track
where the fence crossed IT. Two or
three days later the railroad company
moved the fences back to their former
position and restored the track Mr.
Lavell promptly moved the fences back
outside the track again and tore up
two or three rails at the old place. Then
he was arrested and Judge Almon set
the case for yesterday afternoon.
Attorneys ]. S. Shropshire and j. b.
Welcome were on hand representing the
railroad company. as were also Mr.. La
veil and his attorneys, Judge Stapleton
and John w. Cotter. Mr.. Wines drop
ped in just before the case was called.
however. and stopped further proceed
ings. He asked that the case be dis
missed and gave his reasons for so do
ing in a statement to the court. He
said the trouble arose from a dispute
over the ownership of a piece of
and that IL should be settled in
a civil suit. The county commissioners
granted the railroad company
a right-of-way over tn ground in
question conditional of their ownership
of 1t. Mr.. Wines said that the criminal
action was brought prematurely and
that he did not propose to try titles to
land in criminal cases. The case was
accordingly dismissed without preju-
dice.
Two years ago when the case was in
the United States court Mr.. Lavell Of
fered to lease the ground to the rail-
road company for any length of time
for $3.50 a year, and also offered to keep
the fences in repair. but the proposition
was declined.