Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1909-12-28
ORIGINAL CON-
TRACT WITH POST
Water Power Company Places Re-
lance in Agreement ithIndians

The hearing OF testimony In the
case Of the Washington Water Power
company was resumed this morning
at $3.50 o'clock.
The entire forenoon was devoted
to grilling probe OF witness Fred
Russells knowledge OF land values
along the St. Joe river and adjoIn-
Ing the St. Maries tOwnslte. Yester-
day Russell fixed the average value
Of land along the river at $50 to SI50
per acre and today his evidence tend
ed to clinch that opinion.
With open maps before him Attor-
ney Frank Post took the witness
over every section in controversy
from 81. Maries to Chatcolet In mi
mute inspection OF Its character, pro-
ductiveness, accessibility, etc. Rus
sell showed remarkable knowledge
Of the land In controversy and proved
a good witness for the government.
The sparring at times between the at
torney and witness caused consider
able amusement. Russell Is mana
ger OF the st. Marles Land company,
into the land affairs OF which Attor-
ney Post entered the probe without
mercy. Russell at no time lost his
eQuipoise. A large number OF Rus
sells neighbors were In the court
room this morning. Bets were made
among them that before the case
was over Russell would sell Post
some land ajoIning the land In contro-
Versy.
At o'clock this afternoon Attor-
ney Post closed the cross examination
OF witness Russpll. Attorney LANCE
for the government developed the
statement from the witness that his
500 acres was diked. ditched and
pumped because the water backed
mp by the Post Falls dam raised the
water in the river higher than the
land, which necessltated the pump
Ing OF water 60 make Il ciltlvatable,
and also that the springs along the
foot OF the hills that skirt the lands
IN controversy were due to rains,
melting SHOWS, being intermittent in
most cases and therefore not conduc-
i've to a permanent marshy condition
OF the lands now In controversy.
At 2:20 William Truman OF st.
Maries was called TO the stand. He
testified that his knowledge OF the
lands along the river extended from
July, 1904; that the land from sec
ton 4 to st. Maries was dry except
In a few low marshy places; that
much hay was cut on the north side
OF the river in section II. and there
were many cattle pastured on the
lands along the river; that he cut
so tons OF hay from IS acres at Ben
va lake and sold from sI5 to sac
perton and paid BarsOw tlndIan) 81
per acre stumpage. This was In
1895. Mr.. Truman further testified
that the soil along the river was
"loomy" and raises carrots, fruits. po-
tatoes, celery. vegetables. grain and
hay. The present value OF his hold
ings is $500 per acre. All improved
lands on both sides OF the river from
st. Maries to chatcolet Is worth from
s25 to t1OO per acre; not flooded
and In their raw state the poress
OF It IL worth e25 an acre.
On cross-examinatIon By John p.
Gray, Mr.. Truman testified that he
had ridden horseback from section
%. near 81. Maries. 10 the west side
Of section 3 on both sides Oh the
river In 1905. He had seen many
head Of cattle grazing. but in 1907
and since had not seen any eatt e
grazing on these lands in contro-
versy.
Grants 20 Frederick Post.
The following grant OF rights. both
water and land. at Post Falls from
Chief Andrew Seitlce TO Frederick
Post in 1871. confirmed in writing
In 1889 and patented 10 Post By the
government In 1894. Is relied upon
by the Washington Water Power
company as Posts successors TO es-
tabliSh its right to dam the Spokane
river at Post Falls. Some attorneys
here assert the belief that the rights
granted Post are not transferable.
That the secretary OF the inter-
Tor shall cause to be surveyed for
and patented to Frederick Post up
on HIS making anaI Broof sheraof the