The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-01-21
HAS DECLARED WAR
Mr.. Heinze Proceeds Against the Ross
land Townsite Company.
MAY START A RIVAL TOWN
Construction of the Proposed Line
VIII Begin mmediately-Mr.
Cutelius Talks to a
"Miner" Reporter.

On Wednesday the first papers were
served by the Trail Creek Tramway
company in actions for condemnation
of right-of-way. etc, against the Mel
son & Fort Sheppard railway and John
r. Cook, Ross Thompson, j. f. Richie
and others. the owners of the town OF
Rossland. This was the first result OF
Mr.. Heinze's recent visit, his local man
ager, Mr.. Gutelius. having delayed ac-
ton until he could be consulted. Mr..
Heinze. recognized at once that he
would have to fight for his rights or
pay through the nose, as he considered
Il, and so he concluded 10 open the
battle himself.
To a Miner representative Mr.. Cute
Illus made the following statement:
"All negotiations with Mr.. Corbin or
the Rossland Townsite company are at
an end. We have begun condemnation
proceedings against both parties and
will start work along the entire line
in a few days. We expect to be en-
joined, but there never was an in1unc-
ton that could not be raised IL enough
cash bonds were put up against II.
Mr.. Heinze may have a limit, but no.
body has been able to call him yet, so
l guess we will keep things going once
We get started.
With regard to the Rossland town
site, we are through with II. We shall
not deliver one pound of freight or
one passenger within it's limits. We
have several offers of terminal facili-
ties along our located line. and the one
furthest from town, namely, on the
Enterprise or Idaho. will probably suit
US best We have a right-ofway man
here now. Mr.. Davenport, who has the
reputation of being one of the best real
estate men in Montana, so If we con-
clude TO plat townsite in connection
with our depot grounds, we will make
| that part of the Rossland townsite
across the creek, which they kindly Of
fered to deed us for $1,000, worth about
20 cents an acre.
when we first talked of building
| this road John X. Cook. who by the
way, Is one of the loudest shouters
against Mr.. Corbin for protecting mis-
surface rights, said to me personally:
You go ahead and build, and We will
give you a free right-of-way and two
blocks for depot grounds across the
creek When l returned from Spokane
after letting the contract for building
| the road he informed me he mad chang
ed his mind. Since then the best offer
we have been able TO get out of him
and his associates is $4,000 for the 20
| lots we run across on LeRoi avenue,
only two of which are fit to build on.
Under the circumstances, we concluded
to fight them to a. finish. We shall not
pay them one cent more than We can
help. and we will make Il our business
to see that the townsite does not get
much benefit out OF the building of our
| tramway."
How about crossing the located lines
of the Canadian Pacific railway and
| Fort Sheppard railways
| THE Canadian law appears to give
the right to the first railroad located
| but we intend to fight this, too. The
| law allows them to defect from their
| located line to the extent of one mile
| Under these circumstances we propose
| to build our road and ignore their lines
| altogether. How do we know that they
will ever be built? We do not think
| the courts will compel us TO go to great
| expense in crossing their surveyed
| lines We shall build our road and
1 then II they want to cross 1t at any
| point we will endeavon to accommodate
| them"
ut seems you are taking a pretty big
contract in fighting everyone this
way"
well we came here strangers and IL
has cost us something to find out what
| the laws were. We have spent more
money on legal advice than on any,
thing else so far" 3
rs there no prospect of the town
! site company making you more rea-
| sonable proposition"
II believe not. They seem to think
| they are the only people in the camp.
| who have a title. They forget that
their own crown grant is in exactly
| the same words as Mr.. Corbin's and
| gives the mine owners who have locat-
| ed over them the same rights they
have against the Nelson & Fort Shep-
| pard railway. The miners title is good
| enough for us. The only people who
| have treated us right are the miners
who have crown grants for their
| claims.
What makes me particularly sore
,elt fe he =.
would never have located our line
| through the townsite at all were IL not
| for the promises of John II. Cook and
| we supposed he was man who kept
| his word. Our first plan. and IL was
| the best one too. was to run our main
line along the foot of Columbia mount
| ain. put our depots on the Enterprise
where we intend to put them now. and
| tap the south belt by branch line to
| the Crown Point, Maid of Erin and
| Homestake. our branch would have
| stopped there instead of crossing Deer
| Park mountain and the townsite. So
you can see that the action of the
townsite company has caused us a
! great deal of inconvenience. Had they
taken the stand they do now when we
| first spoke of building. the present line
would never have been thought Of"
John r. Cook was asked for his side
| of the story. He said: The matter IS
now IN the courts ana decline TO dis
| cuss IL. We offered TO deed the rail-
road company right of way including
| 26 lots on lie Roi avenue. which we
| can sell for s125 each or better, and IS
lots for depot grounds for $4,000 They
| would not accept IL, so now l will make
| them pay dearly for every lot they
need"
rs IL true, as Mr.. Gutelius says. that
you promised them a free right of
| way?"
mo, sir. All the talk we ever had
about IL was in Bealey's office and he
did most of the talking. | said I
thought we could arrange II for them
and that was all. l could not bind the
other owners Of the TOWNSHIP"
Cohen's Business Propagation.