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From the Daily Herald of January 25. FIRE AT FORT MAGINNIS. Hurning of the Post Traders' Store- JLoss Estimated at *80,000—Partly Insured. [special to the herald.] Fort Maginnis, M. T., January 25.— At about 11 o'clock p. m. of the 20tli inst. this garrison was aroused by an alarm sounded from the sentry guns, caused by the dis covery that the northern wing of the sutler store of Broadwater, McNamara Sc Company was in flames. The tire spread rapidly, and in less than fifteen minutes after it first broke out the entire building was ablaze. By great exertion the house of Mr. Abbey, a member of the firm, was saved. But little property of the traders' store escaped de struction, although the books and valuable papers in the safe were found in good condi tion. The firm had a large stock of goods of all kinds, which was almost totally de stroyed. The origin of the tire is unknown, but is supposed to have started from a de fective flue. The loss is estimated at from 875,000 to $80,000 ; partially insured. What Shall We Drink ? The advocates of temperance forbid the use of strong drinks. The water company condemn the use of w r ater, at least many hy drants are dry. The milkmen are in league with the water company, and the milky fluid is scarce. And last, but not least, the physicians of Helena have condemned the drinking of coal oil and have not recom mended a substitute. Will some wise Solon tell us what we can drink ? L. G. D. From the Daily Herald of January 26. Business Failure. The failure reported at Sun River of J. R. Steell & Company is an exception to the business experience which obtains in Montana. The firm had a considerable line of credits in this city, and at the time of closing their doors had matured and matur ing paper in the hands of Helena merchants and bankers amounting to about $20,000. Three of the houses, we learn, were in time with their executions to realize perhaps fifty per cent, of their claims. One firm, it is said, will lose in the neighborhood of $5,000. Our readers will please not confound the old es tablished house of George Steele with that of the suspended Steell & Company. It is stated that the cause of the failure was in large measure owing to an over-indulgent credit system into which Steell & Company allowed themselves to be drawn. They have many outstanding accounts, but not any con siderable number are believed to be collecta ble in full, while others are said to be about the same as worthless. Misfortunes of this character are comparatively rare in this Ter ritory, and when one occurs commercial cir cles undergo no little agitation. It is the first, and we trust it will be the last, we shall be required to report in Montana for the year 1883. Magnificent Jewels. Mr. W. G. Bailey has on exhibition (for a few days only) a set of jewels, which for de sign and workmanship probably exceeds anything of the kind ever manufactured in the West, consisting of a lace pin and brace let. The pin is elegantly ornamented with knife-edge scroll work, and set with twelve lieautiful diamonds, varying from one-half to three carats. The bracelet, embellished by the same character of ornamental work, is set with three choice gems of three and a half carats each. The design and finish of these costly ornaments was executed at the jewelry house of Mr Bailey. He certainly has just cause to feel a pride in the manu facturing department of his establishment. Mr. Bailey makes a specialty of work of this kind, which is in every respect equal to that of the liest establishments of New York. Beef Cattle. John R. Thomas yesterday sold to Helena butchers a fine band of three-year old beeves, collected since the recent cold snap from herds feeding north of Helena in the Dear liorn region. The cattle, owned by Messrs. Thomas, Burk, and others, were taken di rectly from the range and delivered to pur chasers in this city in the best possible beef condition. The band sold at once at $45 per head, which is a pretty fair figure for three year olds.) Obituary. Intelligence was received last evening of the death of Mrs. Adie Darnell, which occur red on the 14th inst. at Farmington, Mis souri. The deceased is a sister of Miss Ida Conklin, who for some months has occupied the position of compositor in the Herald office. In the loss of a sister, to whom she was warmly attached, Miss Conklin has the sincere sympathy of many friends. Still They Corné 1 . Col. Dodge received to-day a dispatch in forming him that the rails on the Northern Facific had reached Muir City, the eastern approach of the Belt Range and but twelve miles distant from Bozeman. Lnek, la a word which ahould have no place in any vo cabulary. A man must have ability to succeed, and a medical preparation, merit. There is no luck about SOZODONT. It was sure to succeed from the first, because it was good, and did all that was claimed for it. If You Wish To buy a Rifle, Shotgun or Cartridges go to the best and most reliable house of Auerbach A Birkenfeld. They will give you a square deal. They also hare a fine assortment of Cigars, Tobaccos, Notions, Pocket Cutlery, Fruits, Confectionery, Nuts, Toys, Orna ments, Field Glasses, Bird Cages, Baby Carriages, etc, Give them a call. Main street Helena, Montana. wly-jan26 NOTICE, We are now receiving New Goods every other day by our Fast Freight Teams from Deer Lodge. Freight solicited to and from Deer Lodge. H. M. PÄRCHEN A CO. ORGANIZATION. The Third, or House of Lords. This ancient and honorable body has ac quired a position of prominence and in fluence never before attained in this Terri tory, and it promises much good to the citi zens thereof. There can be no doubt but that tlie action of the House of Lords on Tuesday evening last resulted in the or ganization of the Council on the following day. and we may confidently hope that the many important bills now in course of prep aration by the leading lights of the Third House to be introduced on Wednesday even ing next, will have a similar effect upon the two lower Houses, and much valuable legis lation result therefrom. The different portions of the Governor's very excellent message were referred to ap propriate committees, and voluminous re ports thereon are expected. Many members of the two lower Houses have allied them selves to this body. The Supreme Court and all classes of respectable citizens are con nected with it. Nothing of an improper character is admitted, (all such matters be ing referred to the two lower bodies,) the aim and intention being to make this House not only interesting but respectable. The Speaker, in naming the committees, stated that he had endeavored to place upon the same those persons peculiarly adapted to perform the duties thereof, and should any member feel that his qualifications for a particular duty had been overlooked, the chair would accommodate him by an assign ment to the proper committee. The chair farther stated that owing to a pressure of business of the session he had been unable to complete the list of committees, but would do so as time permitted and occasion required. The following is a list of stand ing committees, of the Third House, appoint ed to date : PERMANENT COMMITTEES. Purity of the Ballot.—C. A. Broadwater, J. B. Hubbell, Peter Ronan, Louis Riel. Railroad Fares and Passes.— R. E. Fisk, B. F. Potts, W. F. Sanders. Water Rights and Their Uses.—Massena Bullard, W. G. Preuitt. Judiciary.—Geo. Bashaw, Wm. McCormick Contested Elections.—Al. Hamilton, H. S. Back, A. C. Botkin. Improvement of Spokane Falls.— R. C. Walker, Guy X. Piatt. Townsites.— T. C. Power, C. S. Warren, J. W. Tattan. Increase of Population.— B. F. Potts, W. W. Brown, H. R. Comly, J. P. Woolman, D. W. Fisk. Usury Laws.—fl. S. Hamilton, J. M. Ryan, A. H Beattie. Relocation of Lodes.—A. M. Wooltolk, C. W. Cannon, Joseph Pierce, C. S. Warren. Public Printing.—A. J. Fisk, H. T. Brown, Hugh McQuaid. Municipal Reform.—Mike Burns, E. Frank, M. M. Holter. Suppression of Gaming Houses.—Doc. Car ter, Russell B. Harrison. Temperance.— Carl Kleinschmidt, O. C. Bundy. Modesty.—N. Hilger, Patrick Woods, A. F. Lazier. Style.—Chas. A. Blackburn, Edward Jor dan, Jerry Robinson. Measures.— R. H. Kleinschmidt. Weights.—Wm. Davenport. Sheep.—Cornelius Hedges, W. W. Carr. Cold Hash.-Ed. Zimmerman, Max Sklower. Poetry.—A. C. Witter, Geo. D. Thomas. Elections.—Martin Maginnis, A. C. Botkin. Indian Affairs.—Andy O'Connell, R. F. May. Mines.—I. B. Porter, R. H. Kemp, E. M. Hoyt. Engrossment.—Aug. Foller. Enrollment.—Tom. Darrington. Mileage.— S. C. Gilpatrick, C. M. Jefferis, Seth Bullock. Minerals—M. A. Meyendorff, Tom. Coryell. Per Diem.—The Members of the Third House. Domestic Relations.— W. L. Steele, Hobt. Vaughn, Fred. M. Wilson. Foreign Relations.— E. J. Conger, C. J. Cox, P. B. Mills. Continental Law.—Ed. Cardwell, J. M. D. Taylor, J. C. Stubbs. Railroad Bonds.—Sam. T. Hauser, A. M. Holter, Sam. Word. Primary Elections.—Ed. Delaney, J. R. Dean. Fee Fund.— O. B. Totten, W. K. Roberts, Frank P. Sterling. Charity.—John E. McDonald, A. J. Davis. Salaries of Three Houses.— W. F. Chad wick, T. H. Kleinschmidt. Alex. Mayhew, B. F. White, Al. Hamilton. Future State of Montana.— R. O. Hickman, Martin Maginnis. Civil Service Reform.—Bob. Harwood, R. H. Howey, J. Crump, John W. Eddy, Ellis Ballou. Post Routes.— O. J. Salisbury, S. S. Hunt ley. Insurance.—Charles Klaue. Interviews.—Ling Chung, (Zimmermans cook.) Foreign Emigration.—Ye Wau, Thomas Cruse, J. B. Taylor. Revision of Laws.—J. R. Dean, Geo. Cleve land, M. Buchaneau. Agriculture.—J. X. Beidler. Adulteration of Food, (especially flour.)—G. D. Thomas, J. R. Sanford, P. W. McAdow. Railroad Subsidies.—Sam. Word. Mean Ways.—The Three Houses. Territorial Affairs.—A. H. Wilder. Internal Improvements.—J. C. Kerley, F. Bosworth. Roads.—J. C. Major, Col. Chesnut. Highways.— L. F. Evans, Tom. Walker, Wm. LaRue. Public Lands.— C. W. Cannon, Jas. Blake, B. C. Brooke. National Park.— P. W. Norris, Wm. F. Wheeler, Phil. Sheridan, Gov. Crosby. Grazing.—Rufus Hatch. Stock Raising.— Jas. S. Brisbin, Cochrane Cattle Company. Federal Relations.—J. H. Moe, S. H. Cronnse, F. P. Sterling. Private Lands.—A. H. Beattie, C. W. Can non, I. B. Porter. Education.— D. A. G. Flowerree, Mike Reinig, Nick Millen. Labor.—Wm. Sims, Wm. Mellon, A. B. Babcock. Towns.—Northern Pacific Railroad Co. Counties.—Mr. Maloney, of Dawson county. Military Affairs.—J. H. Ming, Chas. D. Coni* Im..relations.— W. B. Settle, Sam'l Jones. Maui. factures. —Johnny Thorbnrn, James Lebo. Land Grants.— W. F. Sanders. Short Term.—J. L. Davis, A. G. Clarke, W. N. Baldwin. Appropriations.— W. W. Alderson, J. A Viall. Babies.— Dr. C. K. Cole, Buck Hudnell, A. W. Tanner, Dr. Foote, Sam. Richardson. Injured Innocence.—Ed. Stone. Receptions.—John Kinna. Permanent Organization.— B. F. White, H. S. Back, Granville Stuart. Preservation of Game.— W. B. Handley, Homer Hewins, W. H. Ewing. Al. Oldham. Deep Mining.—Col. Keeler, Cole Saunders, Jim Whitlatch. Streets and Alleys.— B. H. Tatem, R. S. Hamilton, Wm. Chumasero. Orphan Asylums.—J. H. McFarland, J. M. Sweeney. of to it in in in or at 1 : i j ; i as be act are is the the the of a the the one ing to the one at we ory. From the Daily Herald of January 27. BITTER ROOT VALLEY LANDS. The Recent Decision of Secretary Teller in Fayor of the Settlers. __ The Secretary of the Interior, on the 15th inst., decided a very important land case— that of Phelps against the Northern Pacific Railroad company, involving a homestead en try. The case came up on an appeal from the commissioner of the general land office, who held the entry for cancellation as to the odd section and for approval as to the even, the land involved being partly in section 31 and partly in sec. 33, of township north and range 19 west, Helena, Montana. The case is a test one and a large number awaited the decision in this. The claim was made by counsel for the settler that the commissioner erred in holding that the odd section consti tutes a portion of the land granted to the railroad company. Both sections are a part of the land situated in the Bitter Root Val ley mentioned in the treaty with the Flat head Indians in 1854. Under the treaty, if the lands above the Lo-Lo fork in the Bitter Root valley were found to be better adapted to the Indians than the general reservation, it was to be set apart as a seperate reserva tion. It was, however, found to be otherwise, and the President ordered that the Indians occupying the Bitter Root valley should be removed to the Jocko reservation mentioned in the treaty. An act of Congress was passed in June, 1872, providing for the removal of the Indians and declaring the lands in ques tion OPEN TO SETTLEMENT, not, however, uuder the homestead and pre emption laws. In 1874 the benefits of the homestead act were extended to settlers on this land.There was, however, a failure to secure the removal of the Indians. In 1872 Hon. James A. Garfield, at the request of the Secretary of the Interior, went to the Bitter Root valley and made an agreeament regard ing the removal, signed by himself as com missioner and the second and third chiefs of the tribe. Charles, the first chief, refused to sign it. It appears that this agreeament has only been partially performed, either on the part of the Government or the Indians. Ac cording to a report of Inspector Pollock in October, 1880, there were between 300 and 400 Flathead Indians, under Chief Charlos, still live in the Bitter Root valley, and only 104 under Chief Arlee, who had removed under the Garfield agreement to the Jocko reservation. In February, 1872, the North ern Pacific Railroad company filed in the general land office a map of the general route in Montana, and lands were withdrawn for the benefit of the grant. It was claimed by council for the company that if the lands be came public lands prior to this time they passed by the grant. The Secretary of the Interior holds that the grant of 1864 was a present one, and conveyed lands within the granted limits to which the United States HAD A FULL TITLE not reserved, sold, granted, or otherwise appro priated, and free from pre-emption or other or rights, at the time the line of the road claims wsa definitely fixed. The secretary also holds that the lands in Bitter Root valley were not public lands "free from other claims or rights" at the time of filing such map, but had been otherwise appropriated. At the time the 1 grant was made the lands were occupied by : the Flathead Indians. The secretary holds i that the effect of the executive order to re j move the Indians was not to extinguish the ; Iridian title. It reserved to the Indians a i preference right to the lands upon conditions not to be determined until after the time the company filed its maps of route. The condi tion of the Bitter Root valley was substan tially unchangod when congress, at a time subsequent to the filing the map of the route, obviously regarding all the lands in that valley and the rights of the Indians thereto as a proper subject of legislation, as a subject pending not settled, proceeded to make am ple provision for the rights of the Indians there-under, and for the removal of such as were disposed to remain, and for a disposi tion of the lands without recognition or res ervation of odd sections or of the grant. The secretary cites the opinion of former com missioners to show that they did not con sider the lands in question subject to with drawal for the BEXEFIT^OF THE NORTHERN PACIFIC RAIL ROAD COMPANY, and that they did not think the land should be disposed of except in the manner pre scribed in the act of June, 1872, to actual settlers at $1 25 per acre, and the subsequent act under the preemption and homestead laws. The Secretary cites as a general prin ciple that, in construing a public grant, the intention of the grantor, gathered from the whole or part of it, must prevail. It \u< i> are any doubts as to that intention, oi ...c extent of the grant, the government is to re ceive the benefit of them. He holds that if the lands in the Bitter Root Valley had passed by the grant, the government could not have fulfilled its agreement with the Flathead Indians in case the President found that those lands were better adapted to their uses than the Jocko reservation. He says he is of the opinion that the land in question did not pass to the Northern Pacific Railroad Company under the grant subsequently on the extinguishment of the Indian title, and therefore reverses the decision of the General Land Commissioner, wherein it was held that the land in the odd-numbered sections is not subject to entry. The entry of Phelps is therefore allowed. A Protest. —Mr. A. J. Davidson, President of the Helena Board of Trade, sent the following dispatch to Delegate Maginnis : In behalf of the citizens of Helena and of the Territory of Montana, the Helena Board of Trade respectfully protests against any di version of the National Park from its uses as a free heritage to the people, where no toll gate shall be raised to tax the tourist's car riage, or the pack-horse. The Way They do it at Forsythe. Two gentlemen fromRoumania who have j been traveling in the Yellowstone valley ; were recently "held up" at Forsythe while j the Northern Pacific train was stopping for ! dinner. The Miles City Press says : j While they were sitting in the car awaiting j the departure of the train, two men entered, I i one standing at the door as a guard, and the other advanced with a six-shooter and told them to "hold up." They did not know the meaning of the phrase, and consequently were considerably stirred over the idea of looking down the barrel of a six-shooter. However, the party did not get any money from them, as the conductor was approach ing the train, and they left for a better field to prospect. The only passengers in the tram besides them, were two Swedes, just from | the old country, who were about as much 8cared as the balance of the party. This is one of the most audacious and daring at tempts which has ever been made in Custer county. Entering a car in broad day light at a railroad station and playing the Jesse James racket, will not be tolerated in this country, and if the guilty parties are found, we wager that if they should happen to "cross over Jordan," that there would be no attempts to build monuments to their mem ory. BREVITIES. —See advertisement calling for proposals to build a school house at Bozeman. —Only thirty feet more will be required to knock daylight through the Little Black foot tunnel. —In 1873 there were but six newspapers published in Dakota. Now there are in the neighborhood of 150. —While wrestling with a friend last week Chastine Humphrey broke his left leg be tween the knee and ankle.. —The residence of Mr. II. Hellinger in North Bozeman was destroyed by fire last week. Loss $1;500. No insurance. —The Montana Presbytery will hold its regular semi-annual session at Deer Lodge commencing on Friday evening, Fel r aary 2d. —The Knights of Pythias of Deer Lodge contemplate a grand ball on Febnary 19th, the nineteenth anniversary of the establish ment of the order. —The passenger depot at Billings has been improved by the addition of a hand some balcony, supported over the platform by heavy pillars. —On the 19th inst., a young man named Tratton, was struck by some rock in the Cable mill and had his thigh broken. He also suffered some slight internal injuries. —Governor Crosby has refused to pardon George Waterhause, who was sentenced to a term of two years in the penitentary for breaking jail in Choteau county, while awaiting trial on an indictment for highway robbery. —The aggregate value of the elevators be longing to the Northern Pacific railroad, is $300,000. They do an annual grain trade of from $2,000,000 to $4,000,000, and in their merchandise department they did a business last year of $100,000. —The Billings Post last week celebrated its first birthday. Founded uuder great dif ficulties it has grown rapidly, keeping pace with the rapid strides of civilization in the Yellowstone valley, and it is a credit to the "Magic City," which it represents. —A private telegram announces the death at Vancouver barracks, W. T., on the 25th inst., of Col. E. D. Baker, Quartermaster of the U. S. Army. Deceased was a son of E. D. Baker, who fell at the head of his regi ment in the memorable engagement at Ball's Bluff, Virginia. —Judge W. J. Galbraith, and wife accom panied by the two younger children, started last Saturday from Deer Lodge for Hopkinton, Iowa, where the parents of Mrs. Galbraith re side. Her father is now eighty-six years of age—and is believed to be the oldest Presby terian minister in the United States—and her mother is but ten years younger. They will return early in March. —A fine brood mare belonging to Wm. Flannery dropped a foal sired by his racer, Turf Gallery, Wednesday nigh t last. When found Thursday morning it was white with frost and running to keep warm. We have hitherto had quite a good opinion of the durable qualities of a thoroughbred race horse, but until the present did not think him capable of coming into existence and begin training in a temperature of 45 degrees below zero.— Courier. —Democrats who encouraged the Council President to adopt revolutionary meas ures to dispossess the Dawson mem ber of his seat, are careful not to justify his course, or to öfter any apology therefore. Plausibly enough, as in timated by a partisan friend, the whole busi ness was a carefully matured conspiracy of certain Democrats to dispose of Mr. Stuart's political ambition beyond the possibility of troubling them in future. As the word goes round, "One more Delegate aspirant killed off.j PERSONAL. —Mr. Alfred Myers, one of the largest cat tle mm in Eastern Montana, is spending a few days in the capital city. Mr. Jas. W. Hanratty, brother-in-law of i>L Chas. D. Curtis, is among yesterday's arrivals from the States. Mr. Hanratty is a leading citizen of St. Louis, where he has been in business life for many years. The present is his first visit to Montana. — W. D. Chapman, lately of the firm of Chapman, Hudnutt & Company, accompa nied by his family and Miss Howard, left on Wednesday's coach for Deer Lodge en route to Denver. His family will go as far as Ak ron, Ohio, where they expect to locate, Mr. Chapman intending to return to Montana in the spring. —Fred E. Lawrence telegraphed Henry Neill that his brother, Samuel Neill, at Flat Willow creek, near the Musselshell river, is very low and not expected to recover. Mr. Neill started yesterday for Flat Willow, in tending to take his brother East if he should find him able to travel. He will probably visit St. Paul before his return. AND NOW CODIES THE RUSH ! ! NEW GOODS ! NEW GOODS ! Old Timers, Members of the Historical Society of Montana, and from the genial influences 1 ^ "~® :l , r na ^ lve ~f , MILLEN S. ? Because Nick s is the oldest and most POP* 1 " Boot and Sh °6 Emporium ^ Territory. ^ _ What he does not keep in stock is not worth calling for, \nd his extensive patronage from all parts of Montana enables him to sell at prices that defy competition. Man, woman or child, if you wish to be com fortably or fashionably shod, you should go to Nick Millen's. L The aoove is supposed to he the "Sign of the Big Boot." For years it swung to the Montana sephyers: But the Oity Fathers ordained otherwise. It is there all the same, and tells the passer-by that Nick Millen— the square dealer—is within. Gall early and often. d*w-myl in of * We of SkUl CLEARANCE SUE OF WINTER CLOTHING. To Reduce stock previous to ta kin g inventory, we liave concluded, to well tlve i*e mainder of oui* win ter clothing; REGARDLESS OF COST! Our Grand Clearance Sale will Commence TUESDAY, JANUARY 2d, 1883. GREAT BARGAINS In Fur, Buffalo and Chinchilla Overcoats, heavy Cassimere and Worsted Suits; Boys' and Youth's Suits and Over coats; Overshoes, Underwear, Blankets, Caps, Scarfs, Jack ets, Cloves, Mittens, etc. Call early and select from an assorted stock, which must be sold regardless of c-'st. CANS & KLIEN. THE VERDICT OF THE PEOPLE OF MONTANA IS THAT JOHN R. SANFORD Sells Furniture and Sewing Machines cheaper than any other dealer in Helena. The reason he can do so is he buys from manufacturers for Cash, gets lowest rates on freight, has no rent to pay, and he can and does do it. Try him, if you want to save money and get the same kind of goods for a little over half the money you can elsewhere. d<twly-aug2 CHAS. E. COMSTOCK & BRO. DRUGGISTS AND PHARMACISTS - 0 - 0 - 0 - Particular attention given to the compounding of * PHYSICIANS' PRESCRIPTIONS. We select and prepare our goods with care and know they are reliable. We also keep a fine and coin line of Soaps, Perfumes, and Hair Brushes, and other Toilet Articles. . ORDERS BY MAIL PROMPTLY ATTENDED TO. RALEIGH & C LARKE Have'just received the Largest and Most Complete Assort ment of the Latest Styles of Ladies'« Misses' and Children's Cloaks, Suits and Dolmans ever before offered in ths^city^ Full lineof Millinery, Dry Goods, Notions, Fancy Goods, etc., etc., constantly on hand. Agents foi Edwin C. Burt's fine shoes, and other well known brands. Our stock is the largest and most complete of .'any in the Territory, and prices the lowest. CALL AND EXAMINE OUR STOCK BEFORE PURCHASING ELS EWHE RE. RALEIGH & CLARKE.