Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1905-09-15


the most important land contest ever
heard in this part of the state, and
one of the most important ever insti-
tuted in Montana.
This is the contest brought by Al
fred o. Robinson against John w.
Moore, involving desert land entry
No. 1900, and widely known as the
Rock creek bench case. It was heard
last spring, Robinson being represent
ed by Huntoon, Warden & Smith,
while R. Won Tobel and David Hilger
appeared for Moore, the entryman
The hearing was held in the district
court room, and while it extended ov-
er several days, the room was crowd
ed at each session, so great was the
interest excited by it.
Find for the Protestant.
The finding of the register and re-
ce1ver is in favor of Robinson, the
protestant, the decision recommend
ing that the entry be cancelled. Sew
eral other contests of the same ma
ture have been instituted, but the one
just decided is the only one of this
particular group that has been heard
SO far. All Of the cases are more or
less similar to this one, but the reg
lister and receiver specifically state
in their decision that they do not con-
cur in the claim Of counsel that the
status of the other desert entries on
the Rock creek bench are to be gov
erned by the case at bar. 1t is GER
tain, however, that in all cases where
the same state of facts exist, and it
is understood that there are many
such, this decision would apply, so
that in any event. it will be far-reach-
ing should it finally be sustained. The
register and receiver have confined
themselves strictly to this one case
and emphasize the fact that each case
must be adjudicated upon it's own mer-
it's, independent of this decision. This
is to be kept in mind because of the
oft repeated assertion of counsel that
practically all of the desert entries on
the bench would Ne governed by the
decision in the one just disposed of
Aroused Much Feeling.
There has never been land con
test in Fergus county that has arous
ed tith of the feeling and bitterness
that this one has. It will be recalled
that during the hearing, it was shown
that some of those who had brought
contests had received threatening
messages, while one of them was Civ
en- a hangman's moose from a Christ
mas tree at Moore. This intense feel
ing has, doubtless, been tempered since
| that time, yet the decision has been
| awaited with intense interest since
the hearing.
The Decision.
The decision does not sustain the
| allegation of contest as to the nor
desert character of the land, and holds
| the entry for cancellation for the rea
son that the land has not been re
| claimed from its desert condition anC
because OF inadequate water supply
The decision in full is as follows:
| Vast Tract Involved.
The land in contest is situated upor
what is locally known as the Roci
creek bench, a level bench of lane
situated in the Judith Basin between
Rock creek and Trout creek, embrac
ing sections 1, 2. 3, 4, 9, 10, II ant
12, in township 13 north, range 16 e
16 east, excepting sections 80, 10, II
and Z, and the northern tier of sec
tions. being nearly $4,000 acres.
In order to intelligently consider
the status of these lands. it is nee
essary to briefly summarize their his
tory. The settlement of the judith
Basin by white people commenced IL
1879, and consisted first of the NOV
ing of herds of cattle from crowd
ed ranges in the eastern portion q
the state. No attention was paid t,
settlement by the owners or attach
es of the cattle herds, the cattle roam
ing over the entire basin at will an
requiring no attention except tn
rounding up for branding in the sprin,
and for shipment in the fall.
In 1882 parties interested in shee
commenced moving their flocks int
the Judith Basin; that industry nee
essitated the care of the sheep dul
ing the winter months, calling TO
hay, grain and sheds. This require
the ownership of land; the sheep me
commenced taking up land; strae
! Cling settlers at this time commence
coming in, increasing yearly until i
1889 and 1890 the cattle range wa
in the same crowded condition a
where they originally came from, an
the large herds were removed frOl
the Judith Basin.
The early settlers having in min
! the universal opinion as to the ari
condition of lands in Montana, settle
, first upon the creek bottoms wheI
r they could obtain water for irrigation
5 and no attempt was made to rails
f crops upon pre-emptions or hom
e steads without first taking out ditcl
: AS the creek bottoms became appr
e priated, the settlers turned their a
tention to the foothills of the surroun
ing mountains where SHOWS RENAME
later in the spring and rain was mo-
t abundant. These lands are now pr
d ducing fine crops without irrigatio
t No attempt was made to settle upt
e what is designated as bench land
It until all of the available lands her
t. tofore mentioned were appropriate
It and settlers either had to experime
II with the bench lands or move on. IT
S first bench land filing in this distri
Il was made upon the Rock creek benc
upon which, as already stated. the lal