The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-02-17
RAILROAD IS NOT
EXEMPT FROM LAW
Solar PIeXus Blow TO Chicago,
Milwaukee & st. Paul in
Decision of Court.
Special TO The Tribune,

Special 10 The Tribune,
BOISE. Ida; Feb l6.-Judge Frank
S, Dietrich of the United States dis
trict and circuit court delivered a solar
pleXus blow 10 the Chicago, Milwaukee
& ST. Paul Railway company in an opin-
ion lust handed down in the suit
brought by tho government through
District Attorney G. II. bingentcltef
against the road for $4,000 damages
for timber trcspass. for he made
clean sweep of the legal technicalItles
raised by the Chicago, Milwaukee "
ST Paul and further established the
precedent that railroad, when building
through a forest reserve, must comply
with the restrictions demanded by the
secretary of agriculture and must also
enter into a stipulation whereby 1t
binds itself to comply with the de
mands of the government IN cutting
it's timber and using IL for construction
purposes. The next step i'll the legal
battle between the government and the
Chicago. Milwaukee st. Paul IN the
through the Occur 'Alene Indian reser-
walton will he recorded when District
Attorney Lingenfelter moves the court
to set the date for the trial of the
suit and follows up the advantage given
the government to secure the damages
asked
This decision was handed down just
prior 10 the departure of District At
torney Lingenfelter for San Francisco,
where he appears before the United
States circuit court Of appeals to argue
the constitutionality of the reclama.
ton act in the case of the United
States VS.. David T. Burley. In COM
menting on the decision District AT
torncy Lingenfelter stated that he
: Il
victories the government has secured
in this state against railroad and
that the ruling of the court would
have much to do with the eliminating
of questions arising with reference TO
steam roads crossing forest reserve
lands.
Attitude Of Road.
"In this case the railroad not only
attacked the power Of the secretary
Of the department of agriculture in his
demands to make iii eroad enter into
an agreement regarding it's right OF
way through the Occur 'Alene forest
and the timber it cut. but Indirectly
attacked the actions of the president
of the United States. - declared Mr..
Lingeufelter, 81 mean by this that
the Chicago, Milwaukee x st, Paul
questioned the right Of the secretary
of agriculture to force 1t to come to
tlt GON Ci hiltub n 'lt!llduhS III HdSoihE
through the reservation on the grounds
that it had filed its profiles and maps of
right, of way before and on several
different occasions after the reserve
had been created. The indirect attack
on the power of the president was
made owing TO the fact that it fled
its last profile before the president
issued his proclamation withdrawing
the forest lands from public entry.
Tho DinioD nf Iu1Oc Dintripb in fins
case is in memorandum form and III it
he passes on the demurrer and ex-
ceptions TO the bill as set up by the
railway company. In part the court
says:
"Upon consideration it is decided
that the bill exhibits facts sufficient
TO entitle the complainant 10 equitable
relief; and upon the whole it is thought
proper 10 denv both the objections in
terposed by the demurrer and those
raised by the exceptions for impert
nence to certain portions of the bill as
involving claims coguizable at law, with
the understanding that unless some
other course shall be agreed upon a
bearing will first be had upon such
for equitable relief, and that there
fore if complainant prevails, it be de
tcrmined whether the other issue shall
be here tried out or as TO them the
complainant be permitted to its rene
lies at law.
''Orders shall therefore be entered
denying both the demurrer and the
exceptions TO the bill.'
Stipulations Made.
The Chicago, Milwaukee & ST. Paul
railroad out recently completed its line
across Montana, northern Idaho and
Washington TO the coast When IT was
confronted with the Mssoula national
forest in Montana it went direct to the
secretary Of agriculture 10 make ar.
rangemeDts for right Of way through
the reserve and the latter was granted
after stipulajions were entered into by
both the railway company and the gov
ernment, the former paving for what
ever damages were done to the timber
and streams At that time there was
a clear understanding that when the