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SETTLED DIFFERENCES OF TWO IMPORT ANT DITCH COMPANIES ARE ADJUSTED. CASE IS WITHDRAWN At Joint Meeting of Boards of Direc tors of Yellowstone and Cove Ditch Companies Right of Way is Granted for the Latter's Proposed Canal Litigation Stopped. The suit instiuted several weeks ago by the Cove Ditch company against the Yellowstone Ditch com pany was settled out of court yester day and will be dismissed when called. The settlement of the suit, which was in the nature of a condemnation proceedings, was effected in the office of W. M. Johnston in this city, yester day, at a joint meeting of the direc tors of the companies. The directors -of the Cove Ditch company were rep resented in the settlement by their at torney, Mr. Johnston, and John T. Smith of Livingston was present as counsel for the Yellowstone company. The Yellowstone company is at present the owner of a ditch that takes water from the Yellowstone river, the point of diversion being near Rapids, about 30 miles west of Billings. Within the past year or a little more, perhaps, the Cove Ditch company was formed by men who owned land east of the lands watered by the Yellowstone ditch, and the com pany was organized- for the purpose of constructing a canal that would carry water to and reclaim a large tract of land along the Yellowstone valley, the greater part of which is above any of the numerous ditches that line the valley. A careful survey made by the Cove ditch people reveal ed the fact that in order to place water on the lands desired to be irrigated it would be necessary to convey it through the canal owned by the Yel lowstone company, or cut through high cliffs at the northern side of the valley, the expense of which would be greater than the undertaking war ranted, and it therefore commenced a suit against the old company asking the court to grant it right of way through the Yellowstone company's canal, at the same time promising to widen and deepen the original canal so that it would carry water sufficient to supply the lands of not only the new company, but also furnish the same supply to the stockholders of the old company as they had been receiv ing heretofore. The settlement of the suit yester day virtually gives to the Cove com pany the relief it sought for, and makes it the practicable operator and manager of the ditch in the future. It is agreed that the original ditch shall be widened to 66 feet and that right of way shall be given to the Cove company through the entire length of the old canal. Each and everyone of the stockholders of the Yellowstone county conveys a right of way through their lands to the ex ten mentioned in the agreement, and it is agreed that the flow of water in the old ditch shall' be measured by two competent engineers as soon as practicable next spring. In the mean time the Cove people are given per mission to go to work at once to widen the old ditch but it shall not proceed any further up this ditch than within a half-mile of the head gates until after the water carrying capacity of the old canal shall have been measured and satisfactorily agreed upon by the, parties to the agreement. The Cove company binds itself to furnish the stockholders of the Yel lowstone company with an adequate supply of water during the irrigating season, except when some unavoid able cause prevents them from so doing, and to repair any and all breaks and damages which may be done to the new ditch by unavoidable accident or otherwise. The controlling com pany is also compelled to employ a ditch walker whose duty it shall be to see that the Yellowstone stockholders are given their- full supply of water, and in consideration of keeping the Eanal in, repair and for paying its Soperating expenses the Yellowstone company conveys by a sufficient deed its old canal to the new company. The agreement and deed is signed by John C. Haldam, president and C. A. Railsback, secretary of the Yellow stone ditch company and the instru ment is accepted by W. R. Westbrook, prealdent, and F. W. Schaurer,- secre tary of the Cove ditch company. Prac tically all of the ranchers of the upper Yellowstone valley, in Yellowstone county, were interested in the settle ment of the matter. RURAL FREE DELIVERY. Planning to Make It More of Conven ience to Patrons. Chicago, Jan. 25.-William E. Cur tis in a Washington special to the Record-Herald says: It is the ambition of Postmaster General Cortelyou and Assistant Post master General De Graw, who has immediate jurisdiction over the sub ject, to extend the usefulness of the rural delivery mail service as far as possible and to make each carrier serve the convenience and comfort of the people on his route to the very I last degree. How this may be ac complished is now the subject of in quiry and reflection. The postmaster general and his sub ordinates in charge of the service have been holding frequent consultations for several months. Various plans have been proposed and some of them have been recommended to congress. The proposition receiving the great est amount of attention at present re lates to the delivery of merchandise; to assisting the farming population to purchase supplies and have them de livered at their doorsteps. The gov ernment delivers information and in telligence, but not merchandise in any quantity as the tax, which amounts to 16 cents per pound in postage is pro hibitive. It is very much larger than is charged for the same service in the European countires. e Originally, rural delivery carriers h were allowed to carry passengers, bag gage, parcels, etc., in their convey ances, and to do shopping for the a farmers' families along their routes. b It was a great accommodation to the d people. A farmer's wife could send a to town any day for a spool of thread ti or a pound of coffee or sugar. It was c not compulsory on the part of the d carrier and he was allowed to charge d fees for his services. Jealous and a spiteful merchants who were not pat- a ronized compllained to members of p congress and they made trouble about a it and frequently filed charges so that z' the department was very much an- n noyed. In order to satisfy these h grumblers the entire 30,000 carriers s' were put under the ban. It is believed that if rural delivery carriers were allowed to accept com missions and do errands which they could do without interfering with their regular duties, the public convenience would be served and the revenues of the department would be largely in creased. HONORS TO A BILLINGS BOY EVERETT BIRELY APPOINTED TO WEST POINT CADETSHIP. By reason of the unfortunate death of Clinton E. Lamme of Bozeman, who was one of the victims of ,the West hotel fire in Minneapolis, two weeks ago, a vacancy occurred in Montana's quota of cadets at West Point. John D. Losekamp of this city was probably the first man in the state to take in the situation and knowing that it was in Senator Clark's power to fill the vacancy by appointment he at once wrote a letter to that gentle man, strongly endorsing Everett Bier ly of this city, for the appointment. A few days ago Mr. Losekamp receiv ed a letter from Senator Clark which stated that he would place the matter of the appointment on his list of obli gations and later came a telegram to Mr. Losekamp stating that the senator had appointed Mr. Bierly to the place. The young man is a son of Mr. and Mrs. William Bierly of this city, and is about 18 years of age. He is a member of the 1906 class of the high school and is said to be at the head of his class. His friends feel no ap prehension but that he will be able to pass the examination at the mili tary academy, both as to physical and mental qualifications. The appointment of young Bierly makes two for Billings to West Point cadetships within the past year. Through Mr. Losel.amp's endorsement Charles Hoe of this city was appoint ed by Senator Clark. After spending some time at West Point young Hoe's health began to fail and he was suc ceeded by Roy Matheson, who is get ting along in fine style at the school. Another boy, the son of Mr. and Mrs. Warren Evans, was also honored within the past year by the appoint ment of a cadetship to the Annapolis academy. MONTANA WEATHER. [By Associated Press] Washington, Jan. 25.-Fair Friday, except rain or snow and colder in north and west portions; Saturday fair. AS STATED BY CASTRO PRESIDENT GIVES VENEZUELAN SIDE OF PRESENT TROUBLE WITH FRANCE. HE BLAMES TAIGNY Declares French Charge Not Only Violated Diplomatic Etiquette, But in Other Ways Brought About Situ ation that Has Become Gravely Serious. [By Associated Press] Caracas, Monday, via Port of Spain, Jan. 25.-In reply to a request sent him by the Associated Press corres pondent for a statement of Venezue la's attitude concerning the Franco Venezuelan situation, President Cast ro immediately telegraphea as follows from Maracay: "You can transmit to the Associat ed Press the following: "M. Taigny, charge d'affalres at Caracas, not only violated diplomatic etiquette, as is proved by the fact of his pfesenting a protest against the Venezuelan government when the French cable company was calmed and had been almost arranged with, but the protest has brought about a disagreeable situation between France and Venezuela to the point of rup ture of friendly relations. But not content with this, he having been deprived by his government of the diplomatic character with which he was invested in Venezuela, violated, as a French citizen, the law of the port of La Guayara by embarking on a French liner, whereupon tne Vene zuelan government, in order to avoid new difficulties and after its police had been treated contemptuously, re solved not to permit Taigny to re land. (Signed) "CIPRIANO CASTRO." ONLY THIRTY-SIX SAVED (Continu¶ed from First Page.) At 10:45 a. m., a fire, evidently built as a signal, was seen on the beach be tween Beegardess point and Klane wak, where the wreck lies. After transferring the survivors taken from Bamfield to the steamer City of To peka, the Salvor went to notify the tug Lorne of the finding of the party on the shore and asked if the British blue jackets on board the Lorne with the lifeboat would attempt to land. Captain Butler replied they would try, but the undertaking was most danger ous. The blue jackets, however, vol unteered to make an attempt, and made a daring effort. They were un successful, and were obliged to re turn, after getting within three boat lengths of the shore. Some doubt was had on the tug if the party on shore were survivors of the wreck, for after the boat started ashore sev eral other men were seen, and they seemed to make no attemp to get off. Victoria, B. C., Jan. 25, 4 p. m.-A special received by the Associated Press from Pachena telegraph hut, where the correspondent cut in with an instrument, reports the steamer Salvor and whaler Orion and another steamer, believed to be the City of Topeka, off the mouth of Darling river. A small boat from the Salvor tried to make a landing and succor the sur vivors there, but failed. Survivors at Darling river are from boats Nos. 2 and 5 of the Valencia. They report that 15 men started from the steamer in boat No. 2. It capsized and seven of its occupants were wash ed ashore. The other eight perished. All wore life preservers. Boat No. 5 left the wreck with six or seven on board. It was also cap sized and only two, Richty and Bun ker, the former fireman and the latter a passenger bound to Seattle, made land. The wife and two children of F. F. Bunker went down before his eyes. TOLD BY SURVIVORS. Sorrow Causes Captain to Refuse to Save Himself. Seattle, Wash., .Jan. 25.-Survivors of the wreck of the steamship Valen cia who were picked up from the life raft by the steamer City of Topeka '"e of the opinion that Captain U. M. Johnson, master of the Valencia, made no effort to save his own life, even when the chance presented itself. Ac ording to their story, Captain John son was heartbroken over the great loss of life attenaing the loss of the tessel. The condition of the- survivors was deplorable. Al were so benumbed that they could not stand on their feet and had to be hauled aboard the Topeka in the arms of the crew. The survivors say that the Valen cia officers did all they could to im press upon their minds the fact that there would be little chance for help after the last boats had gone. Still the women refused to take the life rafts and as a consequence men took their places. All stated that the best A survivor says that men, wo showed every courtesy to the women. A survivor says that the men, wo men and children singing 'Nearer My God to Thee, huddled and clung to gether on the hurricane deck of the Valencia when the steamer Queen hove in sight. Women on the ill fated vessel took of their underskirts and saturated them with kerosene and burned them as signals to attract passing vessels. WRECKAGE STREWS BEACH. Victoria, Jan. 25.--A dispatch from Cape Beale says that Lighthouse Keeper Patterson has returned from the wreck, over the trail, and reports that the steamer Valencia is no more. Pieces of the steamer and her cargo were scattered along the beach when he left. The first thing seen by the party from Cape Beale on their arrival this morning was a trunk, evidently that of a foreigner named Frank Novak, as the papers and clothing it contain ed were marked witn that name. Then a nude body was seen in the surf, but before it could be, reached the under tow took it out and it sank in deep water. Two bodies were recovered from the wreck, but they could not be identi fied. The beaches near where the steamer went ashore are covered with broken cases of canned fruit, butter, lemons, oranges and pineap ples. FORESTRY IN PENNSYLVANIA. Valuable Experiment in Growing Coal Mining Timbers on Waste Lands. The question of reforesting waste mountain land in Wayne County, Pennsylvania, has been investigated by the forest service, in connection with the preparation of a planting plan for lands controlled by Richard Knight, of Middletown, N. Y. The plan recommends the planting of commercially valuable trees on 1,500 acres of denuded land. What ever young growth is at present oc cupying the ground will be favored where it will not detract form the vaiue of the future stand. There is a second-growth forest of 700 acres ad jacent to the land to be planted, and the recommendations will include di rections for the right management of this forest, as well as ineasures to protect the whole property from fire. The principal trees suitable for planting in this locality are chestnut, European larch, red pine, and red oak. Blaok locust has many desirable qual ities, but its susceptibility to insect damage makes its use on a large scale somewhat hazardous, so that it will be planted only to a limited ex tent. The growth of all these species is fairly rapid, so that they may be ex pected to make a substantial yield in from 30 to 40 years. The yield from thinning in the meantime will also be of value. When the plantation is from 15 to 30 years of age a good deal of material can be utilized for such purposes as mine props. The nursery stock needed for the plantation will be grown on the tract. This will reduce the first cost, and the seedlings, when ready for planting, will be already acclimated. To fur nish these seedlings, a nursery ca pable of rearing some 200,000 plants annually will be established in the coming spring. The project is one of great interest to landowners of the relgon, as an example of what may be done with these waste lands. It is reasonably certain that the experiment will in crease the value of the property and prove an excellent business invest ment. The demand for timber of all kinds in northeastern Pennsylvania is far in excess of the local supply. This is especially true of the better class es of material. The coal mining com panies reqqire enormous quantities of timber annually, and to obtain the amount needed, they are forced to ac cept woods which are of small value. In many cases, however, the use of strong durable timber is imperative, and to supply this demand large quan tities must be imported, principally from the southern states. The sceond-growth hardwood for ests which in many places have re placed the original stands are an il lustration of what would have been general had the cut-over lands been protected from fire. The absence of protection, however, has resulted in large areas of brush land, absolutely worthless in their present condition. This waste land, if forested, is capa ble of fully supplying the local mar ket, and it is undoubtedly that large areas will be planted to forest in the near future. CRAVEN JURY IS STILL OUT VERDICT MAY BE. RETURNED THIS MORNING. DAVIS IS SENTENCED Receives Eight Years for Burglary In the First Degree-McClanahan, Cot tage Inn Porter, Gets a Sentence of One Year-Recommendation of County Attorney. T. M. Davis, the man who was con victed of burglary in the first degree by a jury in the district court, Wed nesday, was brought before Judge Loud yesterday to receive his sen tence. The minimum punishment for the offense, it is stated, is five years imprisonment in the penitentiary and the sentence of the court was that Davis shall serve eight years. One Year for McClanahan. Luther McClanahan, on recommen dation of the county attorney, got off with a light sentence. McClanahan is the man who formerly held down the job of porter at the Cottage Inn. On the night of September 23, last, A. V. DuShane, a guest of the hotel gave him $160 to take down to the office and care for during the night. Instead of turning the money over to the landlord McClanahan kept it, and according to his own story he and another man put up a job by which DuShane was robbed of his money. McClanahan was found in the alley back of the hotel the next morning, where he said he had been attacked by footpadB and robbed of the guest's money. Afterward he confessed that the whole thing was a cooked up story and that he and a fellow known as, "Sheep Bill" had put up the job and that Bill kept all the money. Mc Clanahan changed his former plea of not guilty, yesterday, to one of guilty, and on recommendation of the county attorney was sentenced to serve one year. No Verdict in Craven Case. At 11 o'clock last night the jury in the case against John Craven had not returned a verdict and Judge Loud telephoned instructions to the court house to the effect that if the jury ar rived at a verdict during the night to return it into court at 9 o'clock this morning. The jury room is provided with good beds and the members of the body can pass a night there as comfortably an anywhere else. The case was given to the jury about 6:30 last evening. The trial of the case was resumed yesterday behind doors that were clos ed to all but those entitled to admis sion. The defendant introduced quite a number of additional witnesses to show that Miss Mullin was well ac quainted with the fact that Craven was a married man from the time she first began to work in the telephone office. In rebuttal the state endeavored to disprove the statements of several witnesses as to the whereabouts of the prosecuting witness at certain times mentioned by witnesses for the defendant. The argument began about 4 in the afternoon and continued until 6:15. PRODUCE AND MONEY MARKETS. [By Associated Press) St. Paul Livestock. St. Paul, Jan. 25.-Cattle-Receipts, 350. Steady. Grain fed steers, $3.50 @5.50; cows and heifers, $firstname.lastname@example.org; stock steers, $email@example.com; calves, $2@ 5.25. Hogs-Receipts, 3,000. Market 15 cents lower. Range, $firstname.lastname@example.org; bulk of sales, $email@example.com. Sheep-Receipts, 250. Steady. Sheep, $firstname.lastname@example.org; lambs, $4.50@7. Omaha Livestock. Omaha, Jan. 25.-Cattle-Receipts, 3,100. Market steady. Native steers, $email@example.com; cows and heifers, $2.75 @3.90; canners, $firstname.lastname@example.org; stockers and feeders, $email@example.com; calves, $2.50 @6. Hogs-Receipts, 10,000. Market 5 @10 cents lower. Sheep-Receipts, 5,000. Market 10 @15 cents lower. Lambs, $firstname.lastname@example.org; sheep, $4.75@6. Chicago Livestock. Chicago, Jan. 25.-Cattle-Receipts, 8,000. Dull. Common to prime steers, $email@example.com; cows. $firstname.lastname@example.org; stockers and feeders, $email@example.com; heifers, $2.25@5; bulls, $2@4; calves, $3@8. Hogs-Receipts, 40,000. Ten cents lower. Choice to prime heavy, $5.45 @5.52%; medium to good heavy, $5.40 @5.45; butcher weights, $firstname.lastname@example.org; good to choice, heavy mixed, $5.40@ 5.45; packing, $email@example.com. Sheep-Receipts, 15,000. Dull; price weak. Sheep, $firstname.lastname@example.org; yearlings, $email@example.com; lambs, $firstname.lastname@example.org. Wheat. Minneapolis, Jan. 25.-Closed: May, 83%; July, 83%@-%; No. 1 hard, 82; No. 1 northern, 81%; No. 2 northern, 79%. Duluth, Jan. 25.-Closed to arrive: No. 1 northern, 81%; No. 2 northern,. 79%4. On track: No. 1 northern,. 81A; No. 2 northern, 791/; May, 83%; July, 85. Chicago, Jan. 25.-Wheat close: May, 85%@%; July, 84%. New York Money. New York, Jan. 25.-Money on call steady, 4@4% per cent; ruling rate, 4% per cent; closing bid, 4% per cent; offered at 5 per cent. Time loans steady; 60 days, 4%@4% per cent 90 days, 4% per cent; 6 months, 4% per cent. GOOD TEMPLARS' ORDER. Yellowstone Lodge Is Reorganized in This City. Probably as a result of the lectures of J. M. Skinner, state-lecturer of the Order of Good Templars of Wisconsin, Yellowstone lodge of that order, which was established here several years ago, was reorganized by Mr. Skinner, a few days ago. Mr. Skinner instituted the lodge in his capacity of state deputy. The following officers were elected to serve the first term of the new lodge's existence: Chief Templar, the Reverend B. Z. McCollough; vice tem plar, Mrs. A. D. Ormiston; lodge dep uty and secretary, Miss Jennie Stod dard; chaplain, the Reverend James Patterson; marshal, Mrs. Dudley Jones; past chief templar, the Rever end J. W. Heyward. It was decided: to hold regular meetings of the lodge every Tuesday evening. KNOCKED DOWN AND RUN OVER J. KAUFMAN, HELENA TRAVEL LING MAN, INJURED. J. Kaufman, a travelling man repre senting the fruit commission house of Linday & Co., Helena, is lying at St. Vincent's hospital in this city, suffer ing from painful if not dangerous in juries. About 1 o'clock yesterday afternoon, Mr. Kaufman was struck by a team hauling a loaded wagon. He was knocked down by the horses and one of the animals stepped squarely on his abdomen, and the wheels on one side of the wagon ran over his legs. The accident occurred on Montana ave nue, at the crossing between the store of the McCormick company and North ern Pacific passenger station. The driver of the wagon was Joe Flanni gan, a resident of this city. Mr. Kaufman was walking across the street and his attention was di rected in the opposite direction from which the team was coming. Some of the bystanders whc witnessed the ac cident state that Mr. Flannigan called out to him to get out of the way but he evidently did not hear the call. Flannigan's team was travelling in a brisk trot at the time. One account of the accident is to the effect that the end of the tongue of the wagon strick Kaufman in the side. He was unconscious when as sistance reached him and he was at once carried to Chapple's drug store where he was attended by Doctor Weitman. As soon as he had revived somewhat he was placed in an ambu lance and conveyed to the hospital. It was reported last night that he had fully recovered consciousness but nothing certain could be foretold as to the outcome of his injuries. It is stated that no bones were broken litit he was fearfully bruised and internal injuries may have been inflicted. Mr. Kaufman had just returned from Kan sas City where he went to meet a con signment of banannas that was ship ped from the south to his firm. He is well known among the grocery mer chants and fruit dealers of this city have visited here frequently in the in terests of his house for several years past. The polic department investigated the matter and came to the conclusion that Flannigan is not to blame for the accident. NOTICE. Notice is hereby given that the fol lowing amended fractional township plats have been received at this office, within which townships filings may be made on and after March 5, 1906, viz: Township 6 south, ranges 21 and 22 east. Township 7 south, ranges 21 and 22 east. Township 8 south, ranges 21 and 22 east. Township 9 south, ranges 21 and 22 east. Township 10 south, range 22 east. M. R. WILSON, Iogister U. S. Land Office.