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FISK BROS., - - Publishers. R. E. FISK, - Editor. THURSDAY, ADGDST 9, 1883. Ischia, the scene of the recent destruct ive earthquake,is an island at the north en trance of the bay of Naples, whose area is 26 miles and population 25,000. Its coast is rocky, in its center is the volcano Epo meo, 2,500 feet above the sea, and there are several smaller ones. The valleys are wonderfully rich and productive. Its warm baths are a great health resort at all seasons of the year by persons from all parts of the world. Mr. John Muir, who has been appoint ed Traffic Manager of the Northern Pacific railroad, was for a long time identified with the management of the Kansas Pa cific, but for the past three years has been in charge of the freight and passenger de partments of the Oregon Railway and Navigation Company. On the occasion of his departure from Portland to take up his residence in St. Paul, the citizens of the former place gave him a grand ban quet. In the course of his reply to a toast he used this language : We now have on this coast, in this sec tion of the Northwest, 1,500 miles of rail transportation lines, and in less than two months, when our great transcontinental highway is completed—when the North ern Pacific railway links together the East and the West—v/e shall have in our system not less than 3,400 miles of rail road line, over 2,000 miles of which, from the great lakes to the Pacific Ocean, will be a continuous span, under the longest continuous rail line under one manage ment in the world. Let me impress upon you the importance of this "one manage ment" idea, particularly in its relation to traffic. By it traffic is interchanged, naturally in accordance with the ability of one section of country to supply an other. I have now in mind an instance where for a time, through the antagonistic policy of two rival ends of the other transconti nental routes, goods from the Pacific coast were entirely shut out from Montana. This codition of affairs cannot exist with us. Under one management, one owner ship, we make our rates for all sections of our line and let our business divide geo graphically. Each Territory, State or section can seek the business of another on a fair and even footing. Within the limits of our own transportation system we will exchange the commerce of eight of the largest and most important States and Territories, stretching in one grand sweep from the great interior lakes more than 3,000 miles to the borders of the Arctic Ocean on the north and the Gulf of California on the south. Having this great transportation system, it behooves us to give careful thought to its manage ment. Mr. Villard in his various speeches and talks with you has been very frank in stating what our policy is to be. If we find we can stimulate a struggling busi ness by making a low rate, we make that rate. We believe in the identity of in terests of shipper and company. [Ap plause.J Our policy is one of advance ment, its law is progress. "A point which was yesterday invisible is our goal to-day and will be our starting post to-morrow.' Great significance can very properly be attached to these expressions; and Mr Muir's distinct avowal of the principle that the interests of the shipper and company are identical argues that a wise and liberal policy is to be pursued. CROOK'S REPORT. General Crook furnishes more good reading in his official report of his Apache campaign. He gave the Indians some plain talk and held out no false promises to induce their surrender. He does not believe ^the disarming of Indians either possible or desirable, as it would argue that the whites were afraid of them ; but surely General Crook w ould hardly accept the conclusion of this line of reasoning and allow free trade in fire-arms with all Indians, without any restrictions. Some of the dwellers along the border will think he is not particular enough to designate who he means by the appellations, "white scoundrels," "cattle and horse thieves." The fact is that nearly all the w hites in New Mexico and Arizona, and we might as well include all the Territories, have little confidence that any Indian becomes good in his lifetime; that under the thin veneer of civilization the best of them are murderers and horse-thieves at heart. In spite of the long delay, he thinks the rest of the hostiles will come in, though they well understand they are liable to attack by Mexicans and Americans who are not disposed to forego their threat of ven geance. _ NOT THE ASIATIC TYPE. There are reasons expressed by the U. S. Consul at Smyrna that throw more than a suspicion of doubt as to the existence of cholera in Egypt. The reasons for the great mortality, especially at Damietta, are enough without calling in the cholera to do the fatal work. The usual interv al has passed when the reappearance of the Asiatic cholera was expected, so it was taken as a matter of course that this Egyptian visitant was the veritable reaper. Neither the death rate nor the rapidity of its spread has kept pace with expectation, and if the sanitary condition in Egypt is as bad as painted, the real cholera would have hardly left a person alive. The rise of the Nile will float away much of this filth that taints the atmosphere and stagnant waters, and ought to bring relief very soon. If by increased cleanliness such scourges as the Asiatic cholera can be driven from the earth, it is worth the while to keep clean, though the cost were even much greater than the highest esti mates. be is OUR NORTHERN NEIGHBORS. A recent visit to Benton gave an op portunity to note the improvements made within two years past and judge of the grounds for expectation of future growth, Those who knew Benton a few years ago will look in vain for it any longer. It has now as fine business blocks, private residences, as enterprising merchants and as good society as any city of its size in the whole country. The houses erected within two years past are almost entirely of brick, and give to the city an air of solidity and permanence not previously possessed. Among the new brick struc tures were the Grand Union Hotel, well kept by Spitzley & Travers, the Masonic and Odd Fellows' Halls, and the jail, besides the many large business blocks, enlarged or entirely rebuilt. In the matter of hotels and cemetery, Benton can surpass any city in the Terri tory, and in all the Territories. For the cemetery eighty acres have been secured on the heights northeast of the city, look ing down on both city and river, a most charming spot for the last, long sleep of the grave. Public works for the living and coming generations are no less provided for and well advanced. A new court house is in process of construction that will distance ours of Lewis and Clarke as much as the Grand Union excels the Dana House. Better still, Benton is to have a graded school building that will also far surpass that of Helena, if the original plan and intent are carried out. The school block is ample and the best located in the city. The material for the new structure is al ready being delivered, and some was un fortunately destroyed in the burning of the steamer Butte. Benton has also a public library of 500 volumes, choice selection, and a room for it will be pro vided in the new school building as a recognized part of the provision for pub lic instruction. In one respect Benton is deficient— churches—though the people are piously inclined, generally members of the Broad church. The river solves the question of water supply, and wells can be sunk at little cost all over the townsite. The great Boom Company expect to solve the question of lumber and fuel supply. New and nearer sources of supply for lime, building stone and coal are found every year and con tribute to diminish the cost of building and living. Temporarily there is at present a sus pension of growth, though the merchants all say that their business never was bet ter. The building of the Northern and the Canadian Pacific roads has cut off the outside business on all sides, and the Ben ton of the future must derive its chief support from the settlement of the lands in its vicinity. The new- Pow-er's line of coaches be tween Benton and Billings is well stocked and must soon become a favorite and well patronized line, w'hich will draw some from Helena. The people of Benton gen erally very much prefer railroad connec tion from Helena rather than from Bil lings, and we shall find them ready to co operate cordially with us to that end. Our faith in the future of Benton is confirmed by each renewed visit. The river has done much and will alw-ays be a mine of wealth to Benton, but railroads are necessary to modern business life, and these Benton must have for its permanent prosperity. They are coming, and from more than one direction, as it is very easy to see, nor will this coming be long de layed. When the great reservation of fer tile pasture lands north of the Missouri river is thrown open—as is soon expected its settlement and development will fol low rapidly and Benton w ill be the natu ral center of this vast, rich country. We do not believe there is another in stance in the country where two daily newspapers are supported in a place no larger than Benton is at present. It speaks volumes for a reading, w ide-awake people and goes far to mitigate the lack of church facilities. THE WHEAT CROP. Havesting has begun in several sections of the country, and the critical period of the growing w-heat crop is nearly over. The next few- days will put an end to all suspense, as well as speculation with refer ence to the quality and quantity of grain. Colorado, Nevada, Idaho, Montana, Utah, Arizona and New Mexico are credited with an average increase of 33 per cent., and Dakota with 50 per cent. California, Oregon and Washington Territory are credited with an aggregate of 65,000,000, as against 50,525,000 last year. These are July estimates and may be changed one way or the other, according to the weather, and the difficulties or success in gather ing the crops. The exhibit of Brad street shows on the total crop a probable decrease in the current year of something over 69,000,000 bushels of win ter wheat and an increase cf more than 8.000. 000 bushels of spring wheat as com pared with the output of 1882, a loss of more than 18 per cent of winter, and gain of 7 per cent of spring wheat, a de cline of about 61,000,000 bushels in pro duction, or over 32 per cent. The crop of last year, however, was an extraordinary one, and for that reason the comparison is scarcely a fair one. There still remains 60.000. 000 bushels of the old crop on hand, and if the present yield comes up to the estimated 441,360,000 bushels, there w ill be enough to supply all domestic require ments and meet the foreign demand, as it was one year ago. DANA AND DORSEY. Mr. Dana, of the New York Sun, was employed for weeks in advance giving the country to understand that he was j carrying a b<> u t in his vest pocket a can of ! dynamite) and that lie had only to ex plode it and the world would be plunged into "chaos and old night." The explo sion occured at last, but the universal wreck that had been presaged some how failed to ensue. The engine of destruction which Mr. Dana had advertised so liberally was in the form of certain a lleged statements by Mr. Dorsev which were to contain startling evidences of Republican cor ruption. Dorsey was in New Mexico when tiiese were published, but he was followed there by an interviewer to whom he seem to have spoken with a good deal of freedom. The substance of his conver sation is that he repudiates the allega ; tions which the Sun made on his authority i almost wholly. Replying to the charge that the star-route contractors contribut ed largely to the Republican fund in 1880, hesays: "Gen. Brady and the star route peo ple had no more to do with the campaign, and no more influence with Gen. Garfield ! in shaping his policy after his election than I have to do with the King of Siam." The gravest accusation was that General Garfield secured a contribution of $50,000 from Jay Gould by agreeing to appoint Stanley Matthew-s Associate Justice of the Supreme Court, and it was distinctly averred that this agreement was in writ ing. Mr. Whitelaw Reid, who was men tioned as one of the agents in effecting this bargain, has recently denied the w'hole story in a most emphatic and conclusive manner ; and Mr. Dorsey pronounces the statement that he had such a document or that such a document is in existence to be "bosh and nonsense." There are well known historical facts which show that this charge could not be anything more than a weak invention. In the first place, at the time referred to there was no vacancy to which the Presi dent could appoint Stanley Matthews or anybody else. In the next place, when a vacancy did occur by the retirement of Justice Swayne it was Mr. Hayes who ap pointed Judge Matthews. The Senate had not voted on the question of his con firmation when General Garfield became President, and he simply sent the name in again to enable the Senate to take action on the nomination that his predecessor had made. He could not have done other wise. The efforts to besmirch the memory of James A. Garfield have failed and will always fail. Every month adds to the lave and respect in which it is held by the American people. OVER THE RANGE. One after another the difficulties in the way of the Northern Pacific are encoun tered and overcome in the grand march of destiny now fast nearing completion. The passage of the first loaded train yesterday over the main range of the Rocky Moun tains is an event of historic importance. While the >vork of tunneling beneath is still going forward and nearing successful completion, in order to make assurance doubly sure, not merely for the opening at the date advertised, but that no interrup tion may ever occur when once the stream of travel and commerce begin to flow, the overhead line has been constructed and will be kept open for constant use, except, perhaps during the severest storms of win ter, when scenery becomes a secondary object. Where the game trails marked the route for the Indian and Lieutenant Mullan constructed a wagon road, follow ing the Indian trail, now the locomotive, with its following of people of all nations and the products of every clime and sea, comes to complete the orderly succession in the march and conquest of civilization, unfurling its vapory banner over the foun tain head of great rivers that here, long ages since, divided among themselves the empire of the continent. It would almost have seemed the appropriate thing that the golden spike should have been driven at this highest point on the line of the great highway of nations and commerce ; that on this natural altar of the continent the sacrifices of praise and thanksgiving should have been offered; that here a memorial chapel should be erected, wherein should be a shrine to perpetuate the memory of those who labored earliest and best for the promotion of this great enterprise. But the East has outdone the West, and the meeting place will be at the western base of the great range that stretches from Cape Horn to Behring Straits. UTAH ELECTION. The result of the late election in Utah demonstrates the utter uselessness of all the legislation of Congress thus far to conj trol the destiny of Utah and correct the social iniquities that make Utah the scan dal and disgrace of the United States in the eyes of the world and throw into dis repute all government by the people. It is not in human nature of the ordinary type to renew, day after day and year after year, a fight that there is no possi bility to win. Give them a fighting chance, a possibility of success, and we are satisfied that the Gentiles of Utah would fight as bravely as any men in the world. But they are not men who have retired from business with fortunes made, or men who have gone out primarily on missionary fields to do missionary work and fight the moral battles of the whole country. We do not feel in the humor to find fault with them for abstaining from contest that they could not by any possi bility win. We might as well confess that free elections and institutions, as well as trial by jury are in certain cases egre gious failures, productive of more harm than good. There are prerequisite condi tions to their successful introduction and operation, and these do not exist in Utah. Let others prate as they may of consis tency and principle, we are in favor of heroic treatment for Utah, the w-ithdrawal of the right of suffrage and trial by jury, the repeal of the Organic act, and the sub jection of the entire Mormon population to military rule. All that has been done is only serious, expensive, trifling. The mischief remains and grow s defiantly, en tailing evils that can never be remedied or atoned for. WAYSIDE GLEANINGS. Up the Ruby—Pullers Hot Springs- - A Famous Health Resort. I FROM OUR TRAVELING CORRESPONDENT.] The road leading to Upper Ruby Valley is bordered by fertile grain fields while exten sive improvements and cheerful homes in dicate prosperity in full measure. Where the golden harvest to-day sways at the humor of the breeze, a few years since lit tle was seen but forests of sage brush and dreary stretches of parched earth. At the mouth of the canon which may properly be called, Gate of the Valley is the valuable grain farm of Richard Caswell who has re cently completed a handsome two story stone dwelling. He is one of the early settlers of Montana and has amassed a handsome com petence. The Upper Ruby has always been a fav orite section for stock men and though lar ge herds have recently been driven to other places, at least 4,000 head of cattle still re main. The enterprise of the late O. A. Bed man a pioneer of this section, first intro duced blooded stock from the East, and it is owing largely to his exertions that there is scarcely an animal of the bovine species in this section, that has not in its veins some blood of the best cattle fam ilies of Kentucky. Because of the care shown in breeding and the comparative isola tion of the valley, the residents claim to have the finest herds of short horns in Mon tana. Mr. Hillhonae Raymond£is doing an im portant work in horse raising. Eight years ago he began importing standard bred horses from Kentucky, and now has about one hundred pedigree mares and many stal lions. Several of the latter could not be pur chased for $5,000. The largest cattle owner in the valley is Mr. Alex. Metzel, whose herd will number from twelve to fifteen hundred head. He has given close attention to the grading of his stock and has now a band that it would be difficult to surpass. In addition to cattle he has a band of four hundred horses. At his place I was shown a magnificent two year-old half-breed Perchon Norman, and a handsome thoroughbred, Pat Maloy, whose half brother won the English Derby last year. Two miles distant is located Puller's Hot Springs where hundreds congregate every year to bathe in the waters and be healed. A comfortable hotel, kept by Mr. Anderson, supplies the necessary accommodations for visitors. Leaving the hotel, a short walk of five minutes brings us to the plunge bath where comfortable dressing rooms are found. The bath is 30 by 40 feet and varies from two and a half to four feet in depth. The temperature of the water is 102° Farnheit, and of the delightful pleas ure experienced while laving in its soft, delicious waves I am prepared to testify. A second spring named Beelzebub issues from the earth a short distance from the plunge bath. This spring is ten degrees hotter. It is supplied with a shower bath and every appliance for the convenience of the patient or pleasure seeker. Bathing in these springs is a proved specific for rheumatism, neuralgia, dyspepsia, skin diseases, and a host of other maladies to which the flesh is heir. Many remarkable cures have been made and many more will be added to the number in coming years. Three miles above the springs is the hos pitable home of Mr. John Donnegan, a gen tleman well known in Montana, and thor oughly popular. He has a fine property and a well graded band of cattle numbering be tween five and six hundred head. In his stables I was shown a beautiful three-year old stallion, pedigreed on both sides and springing from Alexander's Belmont. The animal weighs 1,213 pounds and stands six teen and a half hands. He will compete at the Territorial Fair for a blue ribbon, and certainly stands a good chance to walk away with the honors. A short distance above is'the ranch of Fred Peterson, an old timed reader of the Herald, who has a large grain farm that promises this year a generous crop. At the head of the valley is the Home Park ranch, owned by — Sedman and Mr. J. B. Snapp. The farm is an extensive one, consisting of 1,200 acres, and is well im proved. The firm also own 1,000 high grade cattle. No more valuable band of equal numbers can be found in Montana. Mr. Snapp about a year since purchased a herd of several hundred at current prices, and, not counting the increase, has already doubled his money. That's why he smiles. F. M. W. Better to Be Born Lucky Than Rich The mystic number 7772, which is synony mous with the prize ebony parlor set lately awarded at the Greenhood, Bohm & Co.'s drawing in Helena on the 25th ult, has been found in the hands of Miss Kate Loni berber, of Radersburg. The prize is a vain able one, and is worthy of any parlor in the Territory. Its possessor is certainly among the fortunate ones who claim it is better to be bom lucky than rich. a of a THE MUS8L ESHEL L COUNTRY In a Border Neighborhood—A Grazing Region Thinly Settled—Domestio Ani mals Driving Ont the Buffalo and Antelope—A Railroad Route— The Sheep Business, etc. [staff correspondence.] C order's Creek, Meagher county, \ July 28th, 1883. i Dear Herald:— I have been a week on a sheep ranch in this lonely corner of the uni verse, where the nearest neigbor is six miles away. For that entire week I have heard not a word of news from any part of the world. Most of that time I have been en tirely alone, as the herder is miles away with the sheep on the summer range, and the boys, too, are miles away cutting hay. I have wandered the country over, from dawn to dusk, on foot and horseback, visiting every big^butte within a radius of ten miles, exploring every turn of Roberts and Careless creeks, which unite here at the ranch and empty their slight tribute of water into the Musselshell about fourteen miles to the east. This may be called part of the Musselshell valley, and is about fourteen miles from Martinsdale, where the two forks of the river unite. It is twenty miles from the Gap, which is the place known to fame as Oka. Another postoffice on the Benton and Bill ings road, recently established, is called Ber sail, where Philip Moule and his lady, most estimable people, keep the station and post office and carry on sheep culture. This por tion of Meagher county is a high, undu lating, grassy plain, or succession of mesas, with occasional grassy meadows, where the scent of water is more discernible. It is a natural pasture land, where for ages past the buffalo and antelope have ranged, grazed, and given up the ghost. The whole country is strewn with their bleaching bones. We suppose the Indians have also roamed here for a good part of the same time, hunted, fought, loved and died. Within a year the Crows and Flatheads have had a battle within fonr miles of where I am writing, and five braves went to the happy hnnting grounds as a caution to horse thieves. Cattle and sheep have taken the place of the buffalo ; the antelope remain in fast dimin ishing numbers, though I must have seen hundreds in a single half day's ride, as many as thirty in a single drove. The ante lope are not more timid than the cattle, who run at the sight of man as if the memory of the branding iron was fresh in their minds, and the form of the festive cow boy was vividly remembered. Though so lonely to look upon and travel over, this is not a wil derness waste by any means. There is not an acre among the thousands that can be seen from the highest elevation that is not covered with good pasturage. The season has been favorable for grass, beyond an aver age, but it is certain that there is plenty for many times the amount of stock that range here at present. It is a good cattle country, especially good for horses, and better still for sheep. There is a scarcity of water in the latter part of summer, but we fancy it cannot be difficult or expensive to find a supply for watering all the stock that can graze here through all future generations. The creeks that flow here become intermittent late in summer, but might be made permanent. Water is never far below the surface. Though not calculated for a dense popula tion, this is already and always will be a rich portion of the Territory. The most feasible route for the branch railroad from Billings to Benton passes near where I now am, and the surveyors' stakes are to be seen only a few rods away. The locomotive is abroad in the land as well as the schoolmaster, and there is no telling where it may turn up or what overturnings of human expectations a gen eration is liable to see. All through this country are outcroppings of beautiful gray sandstone, that appear to me the very thing needed for building houses for the dwellers on these grassy table lands where the zephyrs have a one-fifty gait and a minus forty edge during the shortest days of winter. If such quarries were near Helena they would be a fortune in every way. I shall not be surprised if the time comes when this stone will be sought from a long distance for building purposes. I will not attempt this time to illuminate your readers upon the sheep business. My observations have been numerous, but my experience, though I have had Carr loads of it some time, has not yet sufficiently ma tured to be given with confidence. There is money in the business as all will agree, some of it put in and lost beyond recovery, and still more that is sure to yield good returns. But it is hard work, dirty work, that with possible care is attended with many I shall be in Benton by the first of all risks, August. _____HEDGES. OUR DISTINGUISHED GUESTS. Our citizens enjoy the unusual, but not the less acceptable, pleasure of greeting three Senators at once, Henry L. Dawes, of Massachusetts, John A. Logan, of Illinois, and A ngus Cameron, of Wisconsin, each and all favorably known for their long and able services to their States and the Nation. It will in crease our interest in the career of these Senators that our people can see them personally, and that they can see us and learn by personal observation the wants of our people and the extent, character and resources of our Territory, cannot but bear its good results in such legislation as most vitally interests us. These Senators will find in our marts of commerce, in our mines and all over our wide plains natives and former residents of their own States, who still feel the attachment and interest of constituents, which we doubt not will b« fully reciprocated. In the principal purpose of their visit, to treat with the Indians for a reduction of their enormous reservations, we all feel an especial inter est, and it will aid the work we want to see accomplished that they can see for themselves what has already been done by the few who are now here. In the name of every resident of Montana, we extend to our visitors a most hearty welcome. TEMPERANCE CONVENTION The First Assemblage ol the Kind Held in Montana. The first convention ever held in Montana of the Woman's National Temperance Union met at Butte on the 1st inst. Delegates were there from the chief points of the Territory Miss Frances E. Willard, president of the W. N. C. T. U., was called to the chair, and Miss Gordon, Mrs. H. C. Dolman and Mrs. M E. Ragan were elected secretaries. After devotional services, Miss Willard stated the object of the convention. On motion, committees were appointed on publication, credentials, finance, constitution and by-laws. Measures were taken to effect a Territorial W. C. T. U.. and a committee on nomina tions, consisting of W. A. Shannon, Jr. T. Lamb, A. B. Peebles, Mrs. A. H. Priest and Mrs. M. E. Ragan asappointed. The president spoke of the origin of the society, as being the second sober thought of the woman's wonderful crusade in Ohio in 1875, and also the beginning of their organ, the Signal, how the printers, by faith in the women, waited for their pay. The Signal has now a circulation of over 12,000. Able addresses were also made by Rev. Fisher, D.D., J. J. Garvin, E. J. Stanley and W. W. Van Orsdel. The committee on nominations reported as follows : President—Mrs. Dr. R. F. Clark, of Helena. Vice President First Judicial District—Mrs. J. Kirkpatrick, of Dillon. Second Judicial District—Mrs. L. W. Fos ter, of Butte. Third Judicial District—Mrs. Alice Nich olds, of W. S. Springs. Corresponding Secretary—Mrs. A. II. Priest of Helena. Recording Secretary—Mrs. W. S. Smith, of Batte. Assistant Recording Secretary—Mrs. Rev. W. A. Shannon, of Missoula. Treasurer—Mrs. L. C. Brow n, of Helena. To Influence the Press—Mrs. R. N. Howie, of Helena. Juvenile Work—Mrs. J. J. Garvin, of Batte. Young Women's Work—Mrs. A. M. Walker, of Butte. Scientific Temperance—Mrs. R. Rood es, of Dillon. S. 8. T. Work—Mrs. Montieth, of Butte. The following was unanimously adopted as the objects and principles of the society : First. The union of the Christian women of all the churches, for the purpose of edu ting the young. Second. Forming a better public senti ment. Third. Reforming the drinking classes. Fourth — Transforming by divine grace those who are enslaved by alcohol ; and Fifth—The removing of the dram shops trom our streets, and that these objects in volve the following principles : 1st. Total abstinence from all intoxicating liquors as a beverage. 2d. Total prohibition of the manufacture and sale of alcoholic liquors as a drink. 3d. That as woman. is the natural con servator of home, it will greatly reinforce the cause of home protection if on all questions pertaining to the liquor traffic she is en dowed with the power of the ballot. To carry out these principles six depart ments of work were recommended, namely : Preventive, educational, evangelistic, social, legal, and department of organization. In the evening a large concourse met at the pavilion, and Miss Willard spoke at length and with great eloquence and pathos upon "Home Protection." The convention was a grand success, and the delegates and friends of the good cause returned to their homes, glad in the hope of better days to come through this new, flam ing beacon flashing its bright beams across our new and interesting Territory. MRS. A. H. PRIEST, Corresponding Secretary. ACTS OF SETTLEMENT, Decision of the Interior Department in a Bozeman Land Case. Acting Secretary of the Interior Joslyn has just rendered a decision in the case of Barrett against Linney, involving the title to a quarter section near Bozeman, M. T., the case having come to him on appeal from a decision of the Commissioner of the Gen eral Land Office, awarding the land to Lin ney. The record shows that this tract had been covered by the desert land entry of one Russell, and that Linney went upon it while so reserved and placed up a few tim bers loosely outlining a house. He did not establish his residence on the land, but shortly afterward went to Rocky Canon, built a house, moved his family into it, and engaged in cutting and selling lumber. November 17,1881, the desert land entry was canceled. At the local office November 23,1881, Barrett made homestead entry for the same tract. November 29,1881, Linney, who had never been in possession of the the land and had performed no act of settle ment other than above mentioned, made ap plication to enter it as a homestead. His application was refused by the local officers, because of the entry already recorded. The Commissioner of the General Land Office revised the action of the local officers, directed the cancellation of Barrett's entry, and, under section 3 of the act of May Ht 1880, sustained Linney's claim by preference right. The acting Secretary says : "U Linney had any right, he must have ac quired it in the character of a settler who has settled upon the public lands of the United States as the act referred to provides. But beisg covered by a desert land entry at the time he placed the timbers upon it, the tract was not public land, as this was the only act of settlement performed by him. It follows that he was not a settler upon the public lands within the meaning of the section cited. The acts of settlement on the land before the cancellation of the prior entries were without the authority of law. He was without its protection, had no legal status, and gained no rights thereby. Your decision, however, is based on the theory that 'his settlement right took effect simul taneously with the Russell entry cancella tion,' but from this I am compelled to dis sent, for the reason that a naked act of set tlement, not followed by a residence or other satisfactory evidence of occupation, is not such a continuons claim to land as that after cancellation it can have any leg» 1 status. The said section extends to home stead settlers certain privileges attached to preemption settlers, and it is a rule that the right of préemption attaches es instante so far as the claimant is concerned upon lam in his possession. Your decision is, there* fore reversed, and Barrett's entry will re main intact."