Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1898-03-30
II RGUS AND INTER OCEAN, $3.50
~ RGUS AND COSMOPOLITAN $2.75
RCUS AND IESulE'S WEEKLY 1915
TOWN AND COUNTY NEWS.

his home on the Musselshell that tht
weather during the past two weeks
has been very severe on stock. Ths
snow lies In deep drifts and the
weather clerk is counting with zero
W. H. Leard was in town las
week, accompanied by his wife and
son. Mr.. Leard goes to Great Falls
this week to embark in the grocery
business ON Fifth avenue north. Hi
many Fergus county friends wish
him success.
Mrs. G. NJ. Goodell. who has been
attending the last rites over her de
ceased mother at Marysville, re
turned to Philbrook last week, ac'
conpanied by her children, Ruby and
Homer. who have been attending
school at Helena since October.
Judge DuBose has appointed w.
IL. Simons to act az sheriff during
the present term OF court."-Demo-
crat. Another lie. Judge DuBose
did no such thing whatever. Mr..
Simons acted as sheriff. by virtue OF
HiS pooittoh vi ohoSi
Sheriff Waite.
Dave DeatOn writes from Texas
that he has removed from Carlton to
Dublin. of the sames state. His wife's
health has greatly improved, and he
feels better himself. Spring has
opened i'm that state and all looks
fresh and green-this latter does not
refer to Dave.
NJ. Ii. McClave has been appointed
postmaster at TIBET, Montana. Mr..
McClave Is the father of Mrs. Perrine
and Mrs. b. G.. White and is a
stanch Republican, having contrib
uted much, during the asst campaign.
to offset the sophistries advanced
as argument by his sons-in-law.
In the matter Of the protest fle,,
by Hiram n. Kelly and w. H. Bah
cock to- the proof offered by William
Sabbington on a homestead entry in
section Z, twp. IL n, rg. IL e., which
protest was dismissed by the local
officers and acceptance of final proof
ttNoLl LAtCo NSPo 8Sh
sustains the local office. and the land
is passed for patent.
In the assault case against Edw.
A. Waters, Miss Florence Creole was
the principal witness. Following
the trial, which resulted in Waters
conviction, a license was issued to
Gardner Merrill and Miss Creole.
Mr.. Gardner Is a young man who
has made his home near Lewistown
for some time and will, no doubt,
prove n good husband to the I'M
fortuna tie girl.
c. C. Long, of Cottonwood, was
in town last week and reports con-
siderable sickness at his home during
the winter. His children and him.
self have suffered from illness and
now his wife is confined to her bed.
Mr.. Longs application for renewal
of his permit to cut timber has been
refused by the department. not be-
cause OF any violation of the law on
Mr.. Longs part, but because of the
established policy of the department
not to grant more than two permits
to any one individual. MIR. Long
will make other arrangements, how
ever, and will be at work as soon as
the season opens. His large stock of
lumber, sawed last year. is still on
the market.
The supreme court last week hand
ed down u decision in the appeal
from this county in the case OF r. Z.
Hamilton VS.. E. A. Huson and Chas.
Maloy. The decision affirms the
findings of the lower court, which
were in DEFENDANTS favor. The indie
pendent. in reporting the ase says:
plaintiff alleged title of claims
three In number-under the mineral
laws of the United States. On the
trial he abandoned this claim and
sought to recover solely on the
ground of actual possession. Judge
DuBose, granted a nOnsuit on the
ground that plaintiff did not have
actual possession. Therefore the
appeal. Chief Justice Pemberton af-
firms the action of the district court,
holding that the evidence shows
that even If 1t be conceded that
plaintiff was entitled to that part OF
the ground which he actually mined,
there is no evidence that defendants
cut timber carer than from 500 to
$500 feet from the ground occupied
49, lta, Tho rr,rnI nloip,al br hin,
runs along a creek for almost two
miles and is all b way from 100 feet
to 20 rods wide. 1t Ii ridiculous to
say that he is in actual possession of
all this strip of land says the court,
or that by virtue Of such possession
he has a right of action for damages
against a party who cuts timber
thereon 500 or 1.5OO feet away from
the portion In his actual posses
sion)'"
Edwin ). Cook, OF Cook Bros, OF
Denton and manager of the Montana
Well Drilling Co., whose advertise
ment has appeared in the ARGUS for
some time, was in Lewistown last
week. Mr.. Cook says that he has
received word that his well-drilling
machinery will be shipped from
Akron, Ohio. this week, and as soon
as he receives it will commence work
on contracts, eight of which he has
already secured. Among these are
two for G.. NJ. Belden of Utica and
one for David Hilger, the latter on
Mr.. Hilger's Dog creek property
Mr.. Cook feels certain that a strong
flow of water can be struck ON all o.