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The Billings Gazette.
VOL. XIX. BILLINGS, YELLOWSTONE COUNTY. MONTANA, TUESDAY, MAY 5, 1903. NO 1. OR OPENING CROW LANDS N SUGGESTED THAT LOOKS DECIDEDLY SIMPLE. IZEN GIVES HIS IDEA ints Way to Overcome Congres I ',lonal Objection' and Realize the Needed Money. "The way to open the reservation Sis to open it; and the time to begin work in that direction is now." Thus a well-known citizen express d himself somewhat epigrammatical y¥a few days ago when the all import nt subject of securing cession of a rtion of the Crow reservation was topic of discussion by a small 9týof gentlemen who are deeply iterested in the matter because of he undoubted benefit that event ould prove to Billings. '"We have wait'ed long enough on the men whom we have thought could :and would help us, and now let us see if we can't help ourselves. The In dians are as anxious to get rid of a part of their land as we are to have it thrown open to settlement and by a little well directed effort we should be able to succeed at the next ses sion of congress," continued the gen tle Pan quoted. "I have given the subject considerable thought and stuay and to my way of thinking the a.ay lies easy and clear. All that ;is necessary is to go about it in the i"'right manner, ii a manner that will appeal to congress because of the ,fAirness of the proposition we have i'to submit. "Congress has placed itself on rec rd as being opposed tP voting any ore of the public funds for the pur zse of Indian lands and has given to be understood that hereafter reservations or portions of res ons are thrown open to settle the settlers will be required to afor the lands and that the money so derived will i'tve to b3 '.sed in the payment of the Indians. Accept ing this as final, congress should not ibJect to the plan I have in mind. ??his is as follows: The Plan Proposed. 'Complete familiarity with the w reservation enables me to form olerably correct idea of the extent the really arable land it contains which could be opened to settle nt. Outside of a very, small ex ~t ,say a few hundred acres, about I the land that can be reclaimed is tuated along the Yellowstone and g Horn rivers. order to get the irrigable land a bill should be drawn and sub d at the very opening of the session of congress providing a commission of appraisers to i lore the part it is intended to ope'; 4 place a. value upon every acre ,t' e proposed ceded slaip. Three ades of value might be fixed--one r land that is irrigable and can -lie I.iaced directly under ditch, one o.cibench lands and the remaining one lands that are absolutely beyond re.dlamat.io and useful for grazing purposes only. Then the land should *be surveyed and the bill should pro vide that no more than a quarter sen tion of the really irrigable land should sold to one person or company at Sprice per acre fixed by the ap aisers. "Now by reason of its location all is land would be contiguous, that it would form a long strip adjacent the two rivers I have mentioned d would form a solid body qf cul vated larn1 along and between the hams-and.the Clapd in the interior. en to ive valu, to the land imme tely baek of~ this cultivated strip bill shdi.ld contain a provision by ch the buyers of the irrigable land d be permitted to buy some of the Slatid, as I may call it, in propor pf tw a iirjes to one thus giving owaer-Ot 16b acres of irrigable -0 acre oX grazing land. On ,would be enabled to run a -b . of stock during the sum -iwve his bay raised on the tip winter Seed. An arrange t!~a.Rae by the settlers .' partUi-feue bewe efits of the grazing land the settlers could easily arrange matters so that each should run stock on the common pasture in proportion to the number of acres each owned, or if this should prove unsatisfactory each could fence his pasture separately and pro vide an egress to the water for his slock. The man who would prefer sheep to cattle or horses Would be compelled to fence separately in either event. "Now, having disposed of the more valuable land, I would have t plaw contain a provision that the rhmain ing lands, those that will always re main arid, be sold to grazers at what ever value has been fixed by the ap praisers. Should this be considered too high, then the alternative should remain of selling at auction, to be sold 'to the 4highest bidder. "As regards this class of land, how ever, I would divide it into districts, the sizes of the districts to vary ac cording to the water supply; in other words, do as the Northern Pacific company is doing, making purchase of, say a section that contains water for stock conditional upon the pur chase of so many of the surrounding sections as the water on the one will supply. This' would furnish sizeable tracts for the stockmen and give the land added value for it must be re membered that it takes much of that class of land to support a stee, or cow. "Br some such law as the one I have outlined it seems to me that little, if ay trouble would be expe rienced in securing cession of all the reserv ation we want. I know some persons might object to the idea of limiting holdings of the irrigable 'lands, but limited holdings is what 'we want. The idea is to get the coun 'try settled and the more settlers, 'farmers, we have the better it will be for all of us. They are the class of people whose immigration we must encourage. The men with the big herds must look out for themselves. After all the irrigable lands have been taken and occupied much that is fit ('or grazing purposes only will still remain and the cattleman can care for himself. Coming for Conference. "By the way, I have learned that Congressman Dixon expects to come here soon for the purpose of confering with the people of this part of the state in regard to learning their wishes and desires in the matter of opening the reservation. It might be worth while to submit to him the plan I have outlined and ascertain his ideas and thought. If it meets with his approval and with the approval of the majority of the people most in terested, I would suggest that a bill in accordance be drawn and prepared for submission at the very opening days of the next session of congress, so that there would not be any loss of time. Heretofore much of the trouble has been that bills for open ing the reservation have been held back until the closing days, and then in the rush and confusion incident to the winding up of congressional business they have failed to receive consideration, or being considered, were lost in committee. This time we should not run any chances, but be prepared to be heard early in the session." ...... A FIREBUG'S WORK. Destruction of Vacant Barn and Sev eral Outhouses. Yesterday moring between 4:30 and 5 o'clock an alarm called out the de partment to the rear of the Rowley & Moss building in course of construc tion, where a small barn and several outhouses on the opposite side of the alley were found to be burning mer rily. The fire in the barn had gained so much headway by the time the fire men arrived that it was useless to at tempt to save the building and they directed their efforts toward the other structures in order to prevent further spread of the fire, for because of their location they endangered the business blocks facing on the west side. o Twenty-seventh street. After a :stub born little fight the blaze was extin guished, but not until the shacks had been partially destroyed. The origin of the fire is not known., but the belief is that it was the re sult of design, as the barn, in which it had its startwas not occupied, ex cept as a storeroom for some ptf the building material used in constructing the new hotel, and this was not of-an infiamable nature, consisting princi pally of brick and similar stuff. Ladies, call at the Womua'sa x tmr mr iliemsa mses THE HONORABLE FRED H. FOSTER, New Mayor Elect, Who Will Become the Official Head of Municipal Affairs of the Gity Tonight. THE MAYOR'S APPOINTEES. Speculation as to Who Will .Be Lucky Ones. Considerable speculation fas been heard ever since his election concern ing the men whom Mayor Foster will appoint to the various city offices I tonight, when the new administration takes formal charge of municipal af fairs. While the names of all cannot be given authoritatively, it is certain that Nat. G. Carwile will be named for clerk and Judge J. D. Matheson for attorney, two selections Mr. Foster decided upon long ago, in fact it Is believed that he had those gentlemen in mind even while making his cam paign. Another whose name will be presented for confirmation is William Schneider, who is down for the posi tion of street commissioner. This disposes of the more import ant places, leaving the offices of chief of police and policemep to be filled. It was stated that Henry Terrell had been slated for the chieftaincy, but a change in the programme is announc ed and it is hard telling at this time who will be nominated. If the council gives its consent the police force will be increased to six patrolmen and a chief, making seven men in all. This is a change it is known Mr. Fos ter strongly favors, as he is of the opinion that the present force is en tirely too small to afford the city even a measure of police protection. If the aldermen coincide with the mayor's views two men will be on duty during the day and five at night, the additional men to be given beats in the residence portions of the town, wher-o at present there are no officers. Two of the increased force will be required to patrol the north and west sides, while one will be on duty in the residence part of the south side, one remaining, as at present, in the busi ness portion of that side of the track and one in Montana avenue. .*mong those who are tolerably cer tain to 'be appointed policemen are Robert Hannah, now on the force temporarily as successor to J. M. Wal ker, who resigned a few weeks ago, and Patrolman Mowre, one of the ap pointees of the old administration. Elliott Keene, Mayor George's street commissioner, is another who may wear a star, while, if he will accept, present Chief Dulin can probably also take a beat. As Mr. Foster is now entering upon his second term as mayor, he is well qualified to give the, city an able and efficient administration and if the council will co-operate with him in the reforms and changes he has in v'ew the next two years of the city's gv ent should be good ones. . D. O'Donnell has receied a copy of the official itinerary arranged by the agricultural department for the delegation of Germans who are now in the coimuntry for the purpose of making an investigation into the fariing and feeding nmethods of the Ameri cans. It is printed in the language of the visitors and by the assistance of several volunteer interpreters Mr. O'Donnell eas been able to learn" the context of the chapter devoted to Bill ings. Special stress is laid on the importance of the city as a shipping and feeding center of livestock and its standing as ene of the largest initl.a wool markets of the world. IAKEN FROM LOWER COURi PRELIMINARY HEARING IN THE GAMBLING CASES STOPPED. INFORMATIONS ARE FILE! Accused Parties Arrested on Bend Warrants and Arraigned. SBefore Judge Loud. Whether that gentleman's presence in the city had any connection wits the matter is not known, but it is ac cepted as a significant fact that con temporaneous with the visit of Assist ant Attorney General Metier lasi Friday County Attorney Harris asked leave of the district couri to file a number of informationE against parties who are charged with having violated the gambling law ol the state. The desired leave was granted and Saturday morning Unde, Sheriff Sayles wes busy serving war rants on the men named in the infor mations. It developed that they were the same 'ones who were arrested several weeks ago; when the "raid" was made on the strength of com plaints filed with Sheriff Hubbard. It will be remembered that the de fendants were all hailed into the jus tices' courts of the city and released on bail pending their preliminary ex aminations. Because of the fact that the prosecuting attorney, as well as those who are retained for the de fense were busy at the time in the district court hearing of the cases was continued until after the adjournment of that court. Because the actions have been taken to the higher court without waiting to go through the formality of concluding the prelimi nary hearings causes many to think that Mr. Metler's visit may have had something to do with the change. Those arrested were, Claude Par ker, who is charged with conducting a gambling game, generally known as "roulette;" William Conway, Har ry C. Kerr, M. W. Martin, Adolph Schneider, J. L. Fogg, Geqrge Wat kins, Jeff Z. Brewer, Walter O. Lee, Jack Bain, Tony Minder and Alex. Reilly., The charge against those named last is permitting gambling games to be operated in and about their premises. All of the defendants were ordered to be in court at 2 o'clock for arraignment. The court being busy at that'time, they were excused until 5 o'clock. Still being occupied, the court continued their arraign ment until 9 o'clock Monday morn ing. Yesterday morning the defendants were all in court and represented by counsel. Reading of the informations was waived and the hearing of pleas was set for 9 o'clock this morning. When the case of Alex. Reilly was called Henry A. Frith, wno appeared as attorney for the defendant, entered a formal objection to the arraignment of his client and moved that the mat ter be returned to tie justice's court. In support of his motion a traaseried that the case was still pending there on a preliminaryo hearing. Judge Loud denied the motion and ordered the defendant to appear at the same hour as the others. The witnesses in the cases are all the same, namely, F. L. Resevsky, *Hugh Graham, James W. 'Grant, L. 8. Schermerhorn, J. M. Walker, Geo. W. Hubbard, W. E. Hassler, G. F. Bur; in, G. A. Griggs, A. H. Barth, Henry Thorson, F. S. Dulin and W. A. Evans. This morning the defendatts were again arraigned, but before their pleas could be hear& Mr. Frith entered another objection to arraignment and attacked the affidavits made by the county attorney in support of the motion for leave to file the informa tion. The affidavits set forth that Informa tions are desired to be filed charging the men accused with conducting gambling games. In the informations, with the exception of that against Parker, they are charged with per mitting gambling games to be con ducted in and about the premises own ed by them. This Mr: Frith considerS a serious error and moved that the cases be remanded back to the jus tice's court for preliminary examina tion. Judge Loud took the matter under advisement and will render his de cision tomorrow morning at 9 o'clock, until which time the matter of ar raigning the defendants was also con tinued. FOR EXPERIMENT STATION. Governor and Secretary of State Select Site. His Excellency, Gqvernor Toole, and Secretary of State George M. Hays were in the city yesterday on h official business, Their visit had for its object selection of the necessary land for the sub-experiment station authorized by the legislatuye last winter. They were accompanied by Doctor Tr'phagen of the state ag ricultural college,' who acted in an e advisory capacity as regards the re t quirements of the soil needed for the station. i Under the bill creating the station - the buildings and site of the abandon ed penitentiary, north of the city, were s conveyed by the state to the station, t with the provision that in case it was desired to do so, the governor and secretary of state, who are named f as the persons to make the selection, s deemed it foir the best interests of the station to exchange the land granted, consisting of about 20 acres, for another location they could do so. Any land finally selected must, l however, be within three miles of the city of Billings. To become effective, the law also provides that a selection must he mede within 60 days of the date the law was passed and approved. Chris Yegen, I. D. O'Donnell and C.. O. Gruwell, all of this city, are named in the hill as the trustees of the sta tion. For some reason they failed t. meet and organize within the time fixed hv law for selecting a site, and rather than see the law lapse because of nonl-ompliance with the primary t provisions, the governor and secretary of state took it upon themselves to come down and make a selection, as the 60 days would have expired in another day or two. After n;.aking an e'. n ration of thi land conveyed in the law it was con cluded that it was unfit for the pur Dpose for which it was intended and the two gontlel'cn availed themselves of the right given them in the bill and viewed several other sites that were offered. Last night the governor and sec retary of state and the members of the board of trustees met and ratified a trade entered into with P. B. Mer rill. Mr. Merrill gave 20 acres o~ the southeast corner of his ranch for the old penitentiary site and buildings. 'The land secured is within the dis tance of Billings specified in the law creating the sub-experiment station and contains a diversity of soils, mak ing it peculiarly well adapted to the purposes of the station, one of which is experimentation in the treating of al ground. t may be. said that the local base Sball season was formally opened last Sunday, when a game was played b tween the Blacksmiths and a team composed of employes of Yegeý Bros. The men of brawn and muscle proved entirely too much for the clerks, as shown -by the score--4 to 2, in fator of the wielders of the hammer.. Quite WILL PROCEED WITHOUT HIM CALIFORNIAN TO BE CONSIDERpD[ NO LONGER. EVIDENTLY NOT IN EARNEST Lever Writes Again Concerning Beebe Machinery and Subscribers Decide to Drop Him. If a woolen mill is built at Billings. it will be without any interest therein ' being held by J. F. Lever of Eureka, Cal. That is unless the gentleman shows in a more convincing masnexr. than he has so far.that he is 'really' ii earnest and prepared to make good his promises, made some months ago, when correapondence with him was begun. It is not believed that he1wil1 do so, and the men who have subscrib ed to the capital stock of the comrn. pany that it is proposed to organize will go ahead without paying any further attention to him. As published by The Gazette last week confidence has been lost in Mr. Lever and in his ability to advance the money he declared himself pre pared to invest, provided a like amount was subscribed and paid in by local parties. Although several times he has been notified *hat the money was ready and that further. action in the direction of beginning actual operations in the . wry of per fecting an organization and starting the enterprise was depending iuln him, he manifests n, o . in tention of :do"A'i'"th.t* t'netter was received from himlilast Saturday in which he again spoke of the Beebe machinery at Sioux Falli, S. D., and said that until it had been bought and Mr. Beebe's interest secured he would not come on; that when this had been tlone he was ready to carry out his agreement. Doctor Allen, who has been attend ing to the correspondence with Mr. Lever, wrote in reply that the propo sition was so absurd that it would not be entertained. He also informed the man that henceforth no further atten tion would be paid to him, but that an effort would be made to raise more capital at home and organize a com pany here at Billings, after which a mill would be built and some compe tent person employed to manage it. Several of those who have subscrib ed for stock stand prepared to increase their subscriptions, while a number not now on the list have also signified:. their willingness to subscribe. It is - believed that but little trouble" will is be encountered in raising a sufflcie~tel amount of capital to construct operate a modern plant, for sit:del? matter has been placed -eforiý people many have come 40 y that such an institution *i... a- only prove a good thing for th..com munity, but that it would also be a good paying proposition. Returning ones from the coast all have the same report to make-good times for those who have capital to operate with, but hard lines for such as are in search of employment. J. B. Collins, well known in eastern Mon tana, accompanied by Mrs. Collins, passed through the city Saturday mbrning on his way back to Forsyth, with the expectation of remaining there indefinitely. Allured by the' glowing representations of the rai-! road companies and affected with'ti contagion incident thereto, Mr. Collins left for Seattle a few weeks ago, in tending to reside there. Attea looking over the field he concluded that east ern Montana was good enough fot him and came back. He said Seattle/ was overrun with men of all kinds and conditions in search of somethlng to do and that hundreds who had. been attracted thither would hbe; to leave again, but have not ° means. petition has been torwarded, to tofg;e department at Wash praying for the estsblishiet mail route between thisb.t`t 4 Roundup. In connection another petition baelso be mltte& is wM'*tb. eft-*