The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1907-01-03
TIMBER PIRACIES
COST $I56,OOO
Government Receivers From
Anaconda and Daily
Estate.
CONTEST LASTS YEARS
Huge Thefts Cause Of Controversy
With Clark Faction in
Montana.

The Government has Just succeeded
in recovering the largest sum that has
ever come into the Treasury the
result OF a timber IrespasS prosecution.
1t has succeeded in extracting from the
Anaconda Copper Mining Company and
the Marcus Daily estate the sum of
$l56.000 as payment for huge thefts OF
timber. committed years ago, In west
ern Montana. The Anaconda Copper
Mining Company Is Ole OF the powerful
concerns in the Western copper world
allied with the Amalgamated. The re-
laJions or Marcus Daily, in his day a
king Of far Western finance. 20 Montana
AFFAIRS. needs no calculation.
Contest Lasts Years.
The Government has just succeeded
in making a settlement for the large
sum mentioned as the result Of years
OF contest with the Bitter Root De
velopment Company. the Marcus DAILY
estate. and various corporations. Sew
eral years ago. the Department OF JUS
tee began the night for the recovery OF
the value OF huge timber tracts appro-
prlated by Marcus Daily and the various
companies referred 10. Six trespass
cases were begun, arising from the IN
lawful CUTTING u great AA4AoAAAAS u
lumber from the valley OF the Bitter
Root river. In western Montana. near
MissOula. At that time. il was es-
timated the cuttings OF the trespassers
amounted TO l32 90, 900 feet having eX-
tended over a period OF years The
Government was Handicapped in that no
active measures for repara1on were
taken until the cuttings were from nVe
10 ten years old. Moreover, the CIR
Cumstances were complicated by the
fact that II was hard TO determine
which one or the network OF corpora
tions was liable for the stripping o. o.
the timber from the public domain II
was also difficult 20 ascertain Just
what amount Of damages should De
sued for. but the Government ultimately
brought actions for recovery OF the
value OF 32.G00.OU feet.
Suit That Failed.
The Government, after insJltuting the
trespass cases. concluded that a suit in
equity might be brought 10 clear up
the whole transaction. such a suit was
begun and fought through the United
States Supreme Court That court de-
cided equity was not the proper remedy.
This decision was reached about year
ago.
Immediately after the Supreme Court
reached this decision, the Department OF
y
the field These agents operated last
fall in the endeavOr 10 measure as near
~ as possible the cuttings made IN
lawfully from the public domain IN the
Bitter Root valley. The lapse of time
made measurement difficult and they
shrunk to a considerable extent from
the earlier estimates.
Wanted 70 Settle.
About the time the Supreme Court de-
cided against equity proceedings. the de-
PENDANTS came forward with PROPOSE
lions 10 settle. They first suggested.
that the Government compromise for
s75.O0O. This was rejected by the De-
partment OF Justice. as was also later
another proposition 10 settle for 500 600.
The negotiations then ceased and the
Department OF Justice proceeded TO col
lect its evidence. II had about pre-
the trespass cases when the DAILY es-
tate and the Anaconda Copper Mining
Company offered to pay the Government
$4,000 in settlement. II was finally ar
ranged to accept this. with $500 ad-
ditional 10 be paid 10 the Government 10
cover the cost of the investigation into
the amount OF lumber Illegally cut
The settlement IS on the basis OF
about S for the timber per acre. a high
price according 10 the figures the Gov
eminent obtains for its timber Ordinar-
ily. The title TO the land still rests in
the Government. Judge NJ Q. Burch
special assistant attorney, has had
charge of the matter for the Govern
ment and has had the assistance of
District Attorney Carl Rasch OF Mon
tant. The huge timber thefts in the
Bitter Root region for years formed the
subject OF a bitter controversy between
the DAILY and Clark factions In Mon
lana and the adjustment which the
Government has reached probably closes
one of the most spectacular and re-
markable of the Western timber pira-
cies.