The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-11-25
IN INDIANS BEHALF
COMMISSIONERS ASK FOR JOHN
STANLAWS' RELEASE.
10 VIOLATED the GAME LAW
No Action in Matter Probable-Miner
to Serve Time for Carrying Con-
cealed Weapons-Josiah
Rogers Guilty.

Kalispell, Nov. 25.-The board of county
commissioners of Kootenai county,
IDAHO have appealed to the county at
torney of this county, through Flat
head Indian Agent Smead, In behan
of the Indian. John Stanlaws, arrested
near Troy, this county, about three
weeks ago, for violating the game law
and sentenced to serve 30 days in the
county jail, where he now is.
According to the statement of the
idaho commissioners, Stanlaws. together
with number of other Indians, has
been Quarantined all summer and were
in bad way so far as provisions were
concerned. FOR this reason Stanlaws had
been given permission by the commits
sioners to get out and get meat for him.
self and the other Indians, in Idaho.
1t is not stated what the quarantine was
for and it is presumed that 1t was
smallpox, and If this is the case the
action of the Kootenai Qdaho) commits
soners in allowing Stanlaws to leave
| the quarantined camp before the quar-
antine was raised is not likely to en-
| list the sympathy of the officials here.
On November 16 the quarantine had
not yet been raised. According to
| Deputy Game Warden Hall, who
brought about the arrest and convic-
ton of Stanaws, he was accompanied
on his hunt by three other Indians
and they left a lot of deer meat in the
| various camps they had occupied, miles
on this side of the line.
| The Kootenai commissioners ask for
the release Of the Indian on the ground
that he intended no wrong, and Agent
| Smead Endorses the request for the rea-
son that "these Indians have had a
hard time this summer and fall, having
been sick with smallpox and uuaran-
| tined and thus prevented from securing
work by which they might be able to Sc
cure the necessities Of lfe."
Stanlaw's horse and saddle are about
to be sold at Troy to defray the cost Of
| his prosecution, and the return of this
property has been requested. County
Attorney Oliver has not indicated what
steps, if any, he will take in the mat
ter.
The only method by which the In
dams release could be secured would<Ae
by action of the governor. an'l before
! this could be had the sentence will have
expired.
/ John Brannagan, manager of the
| Fisher Creek Mining company. near Lib
by, was brought into Kalispell today and
lodged in the county jail to serve SEN
| tence of 20 days for carrying concealed
weapons.
The sentence for carrying concealed
weapons is merely an incident. Branni-
4 gan, who is one of the owners OF the
! Fisher Creek Mining company's prop
critics in the West Fisher district, was
arrested first for the alleged issuing 1ot
time checks to his employees, in violation
of the law against that practice passed
by the last legislature. Some or the
time checks called for a delay of nearly
six weeks before a bank check was due
to redeem them, and the employees In
the possession OF such checks We're
obliged to submit to considerable dis
count ON the face value of the time
check before the Libby merchants would
exchange either cash or goods for them
Brannagan waived preliminary examin.
alton and was bound over to the distric
court in the sum of $500.
: During his appearance in the justice
court a revolver dropped from Bran.
nagan's pocket, according to the state
ment of the officer who brought hin
to Kalispell, and was discharged, the
bullet burying itself in the floor. Bran
nagan was thereupOn re-arrested fO
carrying concealed weapons, and upoi
his refusal to plead to the charge wa
fined $40 or 20 days in the county Jail
!, He elected to serve the time, but hi
attorney is now trying to secure hi
release. H.
: The case against Josiah Rogers,
Columbia Falls hunter, charged wit
violating the game law, in that he kille'
= a moose during the month of December
1900, was put on trial in the distric
= court. Rogers killed the moose and sol
y +; IN e. ;,, o.1>
81 ington who had them sent to Kalispe
for mounting. They We're seized b.
6 Deputy Game Warden Hall, and. in tn
!, effort to expulcate the purchaser Roger
y made affidavit that he had killed tn
a moose on November 20, 1900, apparently
overlooking the fact that at that tim
the killing of moose was as much vic
lation of the law as it is now. a@
An information was filed against hin
and Assistant County Attorney Mettle
: was here to prosecute the case. He wa
assisted by Attorney Poorman. who wa
!. appointed by the court in place of Coun
= ty Attorney Oliver, who asked to b
;. excused from prosecuting the case.
Rogers defense was that he had kille
;. the moose under the stress of dire ne
j, cessity; that he was hungry and in nee
-, Of food. The jury, contrary to the gen
= eral expectation. found the defendan
:. guilty and gave him the minimum pen
atty of 500 fine.