The Canon City record with which is consolidated the Canon City cannon., 1917-09-06
TRUE FACTS SVEN IN
ROAD CONTROVERSY
Editor Daily Record.

pc. II lew uays ago LII reiatioh " ehc
trouble between the Jewett Fire Brick
company and myself. is little mis-
| leading, in that it does not completely
cover the facts in the case. Permit
me TO make plain statement as brief
| ly as possible. In 1915 l made home
stead entries in sections five and eight
in township eighteen. Canon City is
located in this township. In the same
year E. r. Jewett and others took up
| placer claims in the same sections.
Placer claims cannot be entered at
the land Office until a certain amount
OF work has been done on them when
a patent is issued. Homesteads at
| once come into possession OF the en-
| tryman and a contest must be made
1 by the hoder of the placer location If
| he wishes to obtain title. In case of
such contes: a survey is made and
| each party is allotted the division for
| which he makes claim as the facts
may prove The placer man is allotted
| all of the land showing the deposit
| for which he made entry. The home
steader gets the remainder. Placers,
however. if worked in good faith. be
held by the claimant without patent.
OF the two placer locations referred
| to the Diamond Fire Brick company
in 1916 developed and made sppiica-
| ton for a patent on the one designat-
I'D as No. 3 Coming in conflict with
bAr
spend money in carrying on suit in
the courts both sides agreed to a com.
promise and ] relinquished a part of
my homestead holdings TO the com
pany and it paid me for the necessary
right-of-way over my land and stipu- |
lated in contract that all of my
fences and gates. wherever located. |
would be respected by it and It's EN-
ployes.
Placer location Ne /. has been de |
veloped by the Jewett Fire Brick com |
pany this season. but up to the pres /
ent time no application has been |
| made b. 1t for n patent. When work |
was begun on the claim II was in. /
formed OF the very liberal arrange
ments made with the other company
in regard to the richt-of-way. and. l
that pending any future agreement. Il |
was free to use the same right-of-way |
as the Diamond Fire Brick company; |
the same conditions being given as TO |
gates and fences. No response 10 my |
proposal was ever given by the com |
pany in this matter.
When ! began the erection OF gate |
on a rather steep grade stoppedf
work on the protest OF the Diamond |
Fire Brick company and asked II to |
designate a point which would be
agreeable to il. When this was done |
the gate was erected. In the mean |
| time a suit by the Jewett Fire Brick |
Co. asking that a hearing before the I
| court be had to grant a temporary in I
junction. This hearing was never |
held being continued from time 10
time, for more than a month. at the |
instance of the company.
One of the items asked for was that |
uu.N
After a full investigation by myself. |
and. getting the testimony of the par
ties who located the road on It's pres
ent site eleven years ago. II became
evident that this contention could not
stand. altho ]. myself. wished and
worked for the establishment OF the |
road as a public road IL left me free
to act.
This brot things to crisis, and, TO |
decide matters once and for all. and \
acting upon legal advice, ! notified the
Jewett Fire Brick company that the
gate would be closed to IL. This no
tice enforced for about three hours. |
when an order OF the court bringing |
cation. took the affair out OF my
hands. Owing 10 a misunderstanding |
Of this order I had to pay some costs |
for contempt of court. entirely unin- |
tentional, and so explained satisfac-
torily to Judge Cooper. There was no
| fine
The decree of the court gave me all
the points for which was contending
namely--my right to erect q gate. The
use OF the road had been freely given
before to the complainants and not
only that but the county commission
ers will bear me out in the statement
that have been doing all in my pow
er to have 1t made public road.
In order that my friends may knuw