Fergus County Democrat. [volume], February 21, 1905, Image 1

About Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919

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Fergus County Democrat.
Vol. I. No. 28
LEWISTOWN, FERGUS COUNTY, MONTANA, TUESDAY, FEB. 21, 1905.
FUTURE HOLDS
FAIR PROMISE
Hard Work and Perseverance Are
Gradually Reclaiming the Arid
Bench of Rock Creek.;
MOORE IS A PROSPEROUS TOWN
New and Thriving Village Is Poshing
Steadily to the Front and Has
a Bright Future.
Dotted with comfortable home
steads and intersected by many well
built fences, the Rock creek bench
now represents a prosperous and fer
tile appearance. Ten years ago this
plateau, which embraces a district
twenty miles in length by six in
width, was desolate, waterless and
uninhabited. Bunches of horses and
cattle grazed there and returned to
r. Rock creek to water. Anybody who
entertained the idea of settling there
with the notion of making a living by
raising grain would have incurred the
ridicule of his friends and the sym
pathy of his enemies
» But a few years ago a company of
hardy settlers from Nebraska, Iowa
and other overcrowded farming cen
ters, broke tne virgin soil of the
, Rock creek bench land and since that
time many homeseekers have settled
there with beneiit to themselves and
protit to the community. Some sea
sons the crop was heavy, others it
was a hard struggle to make both
ends meet, until by brave endeavor
and practical cultivation the land has
been made to yield a generous return
for the arduous labor of the first few
seasons.
Last year in the neighborhood of
150,000 bushels of grain was hauled
off the Rock creek bench, besidee
small crops that were not marketed
being used for home consumption and
sold in small quantities. Not much
diversified farming has been accomp
lislied: the almost entire attention of
the community has been turned to
the raising of winter wheat, to which
the land is particularly adapted. Oats
and potatoes make a good crop and
garden truck can be raised with suc
cess.
The average yeald of wheat to the
acre is from 40 to 60 bushels and is
graded No. 2 hard. A large quantity
of it was purchased last fall by the
Bozeman Milling Co., and used in the
manufacture of high grade flour. A
percentage of this wheat is bought by
, the Judith Milling Co., of Lewistown,
and converted into White Satin, a
flour which is universally used
throughout the Judith Basin.
The price of wheat per bushel last
fall was from $1.25 to $1.75. The
market price of grain has raised ma
terially since the advent of the Mont
ana Railroad, owing to the fact that
this means of transportation enables
outside milling companies to enter
the home market. The Rock creek
bench proper, as shown by the gov
ernmental surveys, embraces thirty
two townships, which represents 32
square miles or 128 entries of 160 acres
each. The larger portion of this
land is already occupied and im
proved. A number of patents have
been issued and several choice farm
ing properties are now in the market.
Practical farmers with capital,
recognizing the possibilities of the
district, have bought out some of the
smaller owners and with the aid of
up-to-date machinery are raising
heavy and valuable crops of grain.
Some of the crops raised on this land
under the most primitive methods
are simply wonderful, and farmers
who started in with absolutly noth
•• ing and in debt a few years since are
now in a fair way to become owners of
valuable properties which are entirely
paid for.
What is commonly known as the
Rock creek bench land comprises an
area of seventy-five square miles
which is bounded on the north by the
Judith river, on the south by the
Belt mountains and east and west by
Ross' Fork and the Snowy mountains.
This entire region, which a few years
ago was used only for the purpose of
raising stock, is rapidly becoming
settled by the small farmer apd
bought up by the larger operator who
is engaged in the raising of grain.
Some stock is raised in this section
jet. and though the quantity is lim
ited, yet the quality is becoming
better as the years puss by, and last
fall some of the best prices obtaind
on the eastern markets were paid for
cattle from this section. Winter
feeding is practiced by nearly all the
small farmers in this district and the
stock is in better shape in the spring
to rustle and get in marketable con
dition earlier and easier than cattle
which have had to scratch through
the winter as best they might.
The Rock creek bench proper, a
comparatively small district comprised
in a plateau situate between Rock
creek aud Ross' Fork, is arid land,
but with intelligent summer fallow
ing, irrigation and the thorough cul
tivation it has been submitted to by
the hardy settlers who have made it
their home, it is now in a state of re
clamation and in a fair way to become
a fertile region. The raising of win
ter wheat is the principal industry
engaged in this immediate district
and the growing of spring crops is a
rather hazardous experiment, depend
ing on the natural water supply.
Were a system of irrigation instituted
in this district in a manner to insure
a constant and bountiful supply of
water this locality would undoubtedly
be one of the most fertile in the state.
The water used for irrigating pur
poses is obtained from the headwaters
of Rock creek. The outlying portions
of the Rock creek district, in the
foothills and in the breaks of the
Judith, are extremely fertile and on
the lands embraced in those portions
any kind of a crop can be raised that
will grow in the northern section of
tne United States.
Good coal is being obtained from
the properties at the head of Beaver
and Rock creek, and though the
mines are only lately opened up the
quality of fuel obtained is very fair
and is used by the settlers generally.
Harry Spense on the head of Beaver
creek has opened up a good looking
piece of coal land,while Dan Sharpe
and R. I. Jenkins have good coal
claims at the head of Rock creek.
The aridity of this region has been
considerably decreased by the cultiva
tion of the land and the consequent
sub-irrigation caused by the holding
of the water fall by the ploughed
lands. The results gained by the
arduous labors of the settlers on Rock
creek shows conclusively what can be
accomplished in the direction of the
semi-arid lands of Fergus county by
honest cultivation. Improved land
in this section is worth from eight to
fifteen dollars per acre and as the ma
jority of the farmers of the district
seem to be doing well, the investment
would seem to be a good one. Some
government land is still available
through the outlying sections of the
district and this is fast being taken
up by settlers from the overcrowded
regions of the east.
A few months over two years ago
the Montana Railroad was built
through this section and shortly
afterwards the Moore townsite was
laid out by the Montana Townsite
Co., consisting of E. W. King, Nate
Godfrey and F. T. Robinson: Build
ing commenced and in a short time
very proficient trading center was
established. Today the town of Moore
is in a position to supply the surround
ing ranchers and farmers with any
thing in the shape of supplies.
The mercantile business is ably
represented by The Moore Mercantile
Co., Wm. Barney and G. R. Wfilson.
The former organization is capital
ized at $30,000 and carries a very
complete stock. Wm. Barney has a
very nice little business and a good
trade, while the Moore post office is
situated in the store of G. R. Wilson
of Two Dot, who was one of the first
to establish a business in the town.
H. G. Phillips, formerly of Utica,
owns a heavy interest in the Moore
Mercantile Co., and acts in the capa
city of manager. A. D. Barney, his
assistent, also holds shares; other
shareholders are J. C. Hauck and J.
Gallagher of Philbrook.
Louis Corryel runs the meat market
and is doing a fairly good business.
The Montana Lumber Co., carries a
$10,000 stock of lumber and general
hardware, Mr. C. C. Long, formerly
of the Lewistown Lumber Co., being
interested in this venture. The com
pany has a very neat office and yard
near the stockyards.
A grain elevator with a 30,000
bushel capacity is just in a state of
completion. The chief promotor of
this enterprise is A. W. Warr of
Lewistown, while Mr. McClave, broth
er-in-law to B. C. White, holds an in
terest and acts in the capacity of
manager. The elevator is built in a
first-class manner and has all modern
improvements: a large warehouse has
been built in order to facilitate the
heavy input of grain through the fall.
Thirty-two carloads of grain were
(Continued on page 8.)
COURT RULES
FOR THE CITY
Judge Cheadle Refuses to Issue Per
emptory Writ of Mandamus and
Corneill Puts Ip a Bond.
FULL TEXT OF THE DECISION.
Holds That the Bond Ordinance Does
not Conflict With the Statutes
of the State.
ap
Judge Cheadle last Thursday morn
ing rendered his decision in the case
of Corneill vs. Albert Pfaus as city
clerk and Gordon O. Shafer as city
treasurer of Lewistown. The decision
recognizes the right of the city to im
pose a bond for the regulation of sal
oons and denies to Corneill the writ
of mandamus for which he had
plied.
The case is one of more than ordi
nary interest to the people of this
city. It was the outgrowth of an ordt
nance passed the last of January by
the city council, the provisions of
which require that every saloon keeper
in the city should give to the city a
bond in the sum of $2,000 that t hey
would not violate the city or state
laws. The saloon men generally op
posed the ordinance but all but
George Corneill, who has always con
ducted a quiet and orderly place on
Main street, complied with the ordi
nance.
Corneill refused to file a bond and
when he made an application for a re'
newal of his liquor license, the city
treasurer, Gordon O. Shafer, refused to
issue the same to him. He thereupon
filed an application for a writ of man
date directed against the city treas
urer and city clerk compelling them
to issue a license. The matter was
argued before the court last Saturday
morning by City Attorney DeKalb
and R. von Tobel for the city and
John C. IIuntoon and W. II. Smith
on behalf of the relator. Judge
Cheadle took the matter under advise
ment until Thursday morning when
he delivered the following decision
This is a proceeding of mandamus
to the city treasurer to compel him to
issue a retail liquor license to the re
lator.
"It appears that the relator duly
tendered to the city treasurer the
sum of $150.00, and demanded a city
license for the retail of intoxicating
liquors. The treasurer refused to
issue the said license for the reason
that the relator had not tendered the
bond required by City Ordinance No.
71 of the City of Lewistown. Upon
the refusal of the city treasurer to
issue the said license, the relator
brought this proceeding.
"It is urged on behalf of relator
that the city council acted ultra vires
in the enactment of the ordinance re
quiring a bond in the sum of $2,000.00.
to be approved by the city council,
and conditioned that the licensee
would not do or suffer certain illegal
acts upon the premises where his re
tail business is conducted. It is fur
ther urged that the requirement of
this bond is obnoxious in that it
makes possible a double penalty for
any violation of law included in the
condition of such bond; that it is a
restraint upon the retail liquor trade
and an unjust discrimination; also
that the said ordinance is repugnant
to and inconsistent with the laws of
the State of Montana.
"The court has been unable to find
any adjudicated case on all fours with
this one. There is a long line of de
cisions upholding the validity of such
an ordinance as No. 71 of the City of
Lewistown, but all of them, so far as
can be discovered, in states where the
statutes authorize the requirement of
such bond as a condition precedent to
entering upon the retail liquor busi
ness. The court is unable to find any
such adjudication in any state where
the statutes do not provide for such a
bond.
"in all mattersof regulation of busi
ness there is a broad distinction be
tween the retail business man and al
most all other lines of business. The
regulation of the retail liquor traffic
falls within the police power of the
state. Every state has the right and
the duty, either acting directly
through statute, or indirectly through
its municipalities, to restrict and
regulate all manner of business and j
other matters which tend to injure
the internal safety, health, good or
der, general intelligence, prosperity
and welfare of the state or of its sev
eral municipalities. There can be no
dou' i that each state has this power.
There is no dispute that the State of
Montana might enact a statute re
quiring such a bond to be given as a
condition precedent of doing a retail
Lquor business. The state has not
done this direct ly. The only question
remaining is: lias it delegated its
authority in this matter to its mu
nicipalities?
"Section 4800 of the Political Code,
as amended by an act of the Fifth leg
islative assembly, provides, among
other things, as follows:
"Sub-section 1. The city or town
council has power to make and pass
all by-laws, ordinances, orders and
resolutions not repugnant to the con
stitution of the United States or of
tlie State of Montana, or of the pro
visions of this title, neccessary for
the government or management of
the affairs of a city or town, for the
execution of the powers vested in the
body corporate, and for carrying into
effect the provisions of this title.
"Sub-division Hi. To license, tax
and regulate saloons. * * *
Under these and certain other
provisions the power of the munici
pality to tax and license saloons is
unquestionable. In a certain sense
the licensing and taxation of saloons
ire a regulation of the saloon, but
more than this is evident ly intended
because of the use of the word "regu
late' in addition to the words
license" and "tax."' The power of
regulation must then include more
than the mere power to license and
tax. In a broad sense t he power to
regulate anything includes all reason
able measures of restriction and di
rection which are not prohibitive.
The idea of prohibition is inconsist
ent with the idea of regulation. Any
ordinance prohibiting the retail liq
uor traffic in any municipality in this
state would undoubtedly be repugnant
to the laws of the state. Any reason
able regulation of such traffic, how
ever, is, in the opinion of the court,
entirely consistent with the statutes
of the state.
"The only question before the court
for determination at this time is
whether the power to require a rea
sonable bond as a condition precedent
to engaging in the retail liquor traffic
in Lewistown is conferred under sub
section 16 of section 4800 of the Polit
ical Code, enabling cities and towns
to license, tax and regulate saloons.
The court is of the opinion that this
power is so included. Unquestion
ably the state might enact a statute
of exactly the same effect as ordi
nance No. 71 of the City of Lewistown.
If the state might do this, and has
not done it, is it possible to say that
such an ordinance is repugnant to or
inconsistent with the laws of the
state? The court holds that it is not.
It is true that such ordinance, if at
tempted to be applied to the ordinary
avocations of thecommunity, could not
be upheld, for the reason that such
avocations would not be subject to
the policy power of the city or mu
nicipality; but the decisions of a great
many years uniformly hold that the
egulation of the liquor traffic is
within the police power of a state, on
ateountof its known injurious tenden
cies.
There has been some discussion of
counsel relative to the details of the
ordinance and of the bond required
thereunder. The form and conditions
of the bond, however, are not before
the court for decision, nor is the ex
tent to which the sureties on such
bond may lie held liable before the
court at the present time. The sole
question is whether the city has
acted ultra vires in requiring the
said bond of persons proposing to en
gage in the retail liquor business.
The court believes that the city has
not exceeded its powers.
There!",e, The petition to make
this writ peremptory is overruled.
E. K. Cheadle,
Judge.
Bids Wanted.
Sealed bids for the stone work and
excavation for the new flouring mill
will be received up to Match is, 1905,
at the office of the Judith Basin Mill
ing Co., Lewistown, Montana. Flans
and specifications may be seen at the j
office of the company at the mill. A j
certified chock of lo per cent of the
bid must accompany all bids. Bids I
will be opened at 4 p, m., March 20, j
at the office of the company. The
company reserves the right to reject
any and all bids.
Judith Basin Milling Company.
Read the Fergus County Democrat,
FORM STRONG
ORGANIZATION
Ranchers and Stockmen of Rock
Creek Bench Have Combined to
Protest Their Rights.
THEY WILL EIGHT LAND JUMPING
Contest Cases Against Desert En
tries Will be Fought to the
Highest Authority.
About, sixty-five ranchers and stock
men who reside on the Rock creek
bench and tributary lands met in
Moore last Thursday and formed the
"Rancher's & Stockmen's Protective
Association," the object, of which is
to put up a united tight against t he
contests of the desert entries made
upon lands of the Rock creek bench.
If was one of the worst days of the
year, otherwise, there would have
been from 100 to 150 men present at,
the meeting. The feeling which has
been aroused by the action of some
alleged land jumpers can be appreci
ated when it is known t hat a number
of those present faced a blizzard for
til teen or twenty miles in order to
participate in the meeting.
I he meeting was called to order at
at 1 o'clock in Tooley's or the M. W.
A., hall over the (5. R. Wilson store.
There were probably 75 persons pres
ent, a number of Lewistown gentle
men who are interested in lands on
the bench being in the hall. The
meeting was called to order by W. J.
Owen. After briefly stating the ob
ject ol the meeting, Chairman Owen
called for the report of the committ ee
on resolutions which had been ap
pointed at a previous meeting. Chair
man Pat Nihill of the committee
handed to the temporary secretary,
Frank Robinson, the report of the
committee, which embraced the con
stitution and by-laws of the proposed
organization. After the reading of
this report, which was attentively
listened to by all present, and which
we have published below, Hon. David
Hilger of Lewistown was called upon
to address the meeting.
Mr. Hilger, through his position in
the IT. S., land office in this city and
his long and varied experience as a
land office attorney, has a most inti
mate knowledge of the force and ef
fect of the land laws and lie gave a
concise, cogent statement of the situ
ation on the Rock creek benchjand of
the necessity of the organization
which was that day being perfected.
"We have met here",JMr.^Hfiger
said in part, "for the purpose of "out
lining a plan of concerted action in
the defense of certain contests of
desert proofs which have recently
been tiled against settlers of this
bench. You are mutually Interested,
and if there is any danger to one
there is danger to all.
"The government lias always recog
nized that this Is an arid region'
For years after the surrounding val
leys had been settled, this vast tract
lay here unsettled, fruitless, profitless
except for a small value as a grazing
country. It glistened hot and"dry
under the summer sun"and£not a
J muse broke the monotonous sheet of
shimmering snow in the winter time.
"It has always been considered that
water is the only thing which would
transform this vast region from waste
to productive land. After a while a
few settlers pitched their tents here
on the bench and found that under
exceptionally favorable circumstances
a crop of wheat can he raised. Others
followed and at the present timejthe
entire bench is occupied. But the
occupation or the land and the fact
that one or two good crops of wheat
have been raised on it, do not deprive
it of its desert character. There; are
degrees of aridity. This is not a sag
ura, hut the fact' remains"that with
sufficient water furnished from a stor
age reservoir located up yonder in the
foothills of the Snowies, the product
iveness could be increased materially,
A few years ago there was"a region In
,lie Yellowstone valleyjadjacent to
Billings where about 1,800 sheep
could be run successfully. At the
present time, by means of irrigation,
that land yields sufficient feed for
from 39,000 to 40,000 head of sheep.
So it is with tills country. With
that reservoir up there furnishing
sufficient water to properly irrigate
I succeeded
every loot of this bench a crop would
cease to lie the very great uncertainty
that it is at this time.
"This bench would have remained
a barren desert region until the end
of time had there not been men of
sufficient hardihood to try to make it
productive. It was through the ef
forts of the men whose lands are now
being contested that we discovered
that even an occasional crop can lie
produced here. After they had un
dergone the privations of the first
hard years and suffered the numerous
difficulties which were met with by
the first settlers on this bench, these
other fellows come in and think to
rob them of their well earned lands.
This government has always stayed
with the man who has become a bone
fide settlement of land and who has
honestly complied with t he provisions
of the land law. Knowing that you
have done these things, you need have
no fears of the government taking
your land away from you at this
t hue".
At the conclusion of Mr. Hilger's
speech, which was received with ap
plause, the costitution and by-laws
were unanimously adopted and about
65 members of t he association were
quickly enrolled, each planking down
his entrance fee or $1. When the
meeting had again been called to or
der alter a short recess, the following
officers were chosen for the year:
1'resident, W.J.Owen; vice-president,
Charles M. Clarey; sect >tary, A. I).
Barney; treasurer,.). J. Houck. John
B. Clark, Fat Nihill, I*. T. Elston,
J. O. Hauck and Frank Robinson
comprise the execnl ivecomit tee of live
members. After the organization had
been completed, the lion. B. C.
White ol Garnelll was called upon
and made a rousing speech.
Mr. White stated l hat he had been
acquainted with the Rook creek
bench lands tor a quart er of a cent ury
and they were never considered any
thing other than desert lands. They
were, settled as such and only the un
remitting industry of the settlers had
in partially reclaiming
them. The speaker said that the
fight of the ranchers of the Rock
cieek bench is t he fight of every man
In the county who has taken up land
under the desert land law. In order
to obviate any further difficulty of
this sort, Mr. White favored the
bringing in of a government land
agent who shall classify the vacant
land as to its desert or homestead
character.
"The men who have settled on this
Ijench have had enough to do to make
a living and comply with the letter
and the spirit of the prevailing land
laws without this further harassment
from these 'latter day saints' con
cluded Mr. White.
A more harmonious meeting was
never held in the county, and one hut
has to interview some of the men
present to liecome convinced of the
earnestness of the men behind the
movement. It is expected that, the
membership will reach at least two
hundred, and all who have not signed
the prepared documents can do so by
calling upon Secretary A. D. Barney
at the Moore Mercantile company,
Moore.
Following is the preamble and con
stitution adopted by the new organ
ization:
Whereas, The farmers and ranch
men residing in the vicinity of Moore,
Fergus county, Montana, have been
harassed by a set of irresponsible real
estate Ixiomers who file contests and
protests against desert land and other
entries, tor the evident purpose of
blackmail and extortion; and
Whereas, The members of this or
ganization are honestly endeavoring
to comply with the letter and the
spirit of the several agricultural land
acts of the United States and are
striving tomakc homes torthemselves
and their families, and to improve, re
claim and develop the wild lands of
Fergus county; and
Whereas, The subscribers hereto
have iieen beset with manydifficulties
incident to the settlement and devel
opment of the agricultural and stock
raising districts of Fergus county,
Montana, most of them being poor
men with large families to support,
and striving to the best of their abili
ties to build homes and to improve,
reclaim and cultivate the lands of this
country, and particularly the lands
adjacent to Moore; and
\\ hereas, Irresponsible land sharks
and speculators are attempting to
blackmail and cast odium and suspi
cion of the land department as to the
good motives of tlie settlers of this
section in the reclamation of their
desert and other entries: and
W he reass, 11 arassi ngjl i t igations have
(Continued on eighth page.)