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■** V Democrat. Vol.II. No. 5. LEWISTOWN, FERGUS COUNTY, MONTANA, TUESDAY, SEPTEMBER 19, 1905. Price 5 Cents FAMOUS LAND CASE DECIDED Register Brassey and Receiver Eld ridge Decide Moore's Entry Cancelled. ATTRACTED MUCH ATTENTION One of the Most Important Land Cases Ever Held in the West Appeal to Be Taken. Register Edward Brassey and Re ceiver L. W. Eldrldge of the U. S. land office last Thursday rendered their decision in the famous land con test case in which A. O. Robinson con tested the desert entry of John W. Moore. The decision goes thoroughly into the case and orders that the entry be cancelled because it has not been reclaimed as required by the desert land act. This case attracted atten tion all over the west and was warmly fought by both sides, Huntoon, Word en & Smith representing the contest ant and Hilger & Busenburg and R. von Tobel, the claimant. The decision in full is as follows: The land in contest is situated on w'hat is locally knov'n as the Rock creek bench, a level bench of land sit uated in the Judith Basin between Rock creek and Trout creek, embrac ing sections 1, 2, 3, 4, 9, 10, 11, and 12, in township 13 north, range 16 e, and all of township 14 north, of range 16 e, excepting sections 30, 19, 18 and 7, and the northern tier of sections, being nearly 22,000 acres. In order to intelligently consider the status of the lands, it is necessary to briefly summarize their history. The settlement of the Judith Basin by white people commenced in 1879, and consisted first of the moving of herds of cattle from crowded ranges in the eastern portion of the state. No at tention was paid to the settlement by the owners or attaches of the cattle herds, the cattle roaming over the en tire basin at will and requiring no at tention except the rounding up for branding in the spring and for ship ment in the fall. In 1882 parties interested in sheep commenced moving their flocks into the Judith Basin; that industry neces sitated the care of the sheep during the winter months, calling for hay, grain and sheds. This required the ownership of land; the sheep men com menced taking up land; straggling set tlers at this time commenced coming in, increasing yearly until 1889 and 1890 the cattle range was in the same crowded condition as where they or iginally came from, and the large herds were removed from the Judith Basin. The early settlers having in mind the universal opinion as to the arid condition of lands in Montana, settled first upon the creek bottoms where they could obtain water for irrigation, and no attempt was made to raise crops upon pre-emptions or home steads without first taking out a ditch. As the creek bottom became appro priated, the settlers turned their at tention to the foothills of the surround ing mountains where snow remained later in the spring and rain was more abundant. These lands are now pro ducing fine crops without irrigation. No attempt was made to settle upon what is designated as "bench lands'' until all of the available lands here tofore mentioned were appropriated, and settlers had to either experiment with the bench lands or move on. The first bench lond filing in this district was made upon the Rock creek bench, upon which, as already stated, the land in the contest is situated, as are also a number of other desent entries. Referring to our records we find the first filing made in the sections men tioned was homestead entry No 1894, Helena Series, of James McConnell, in section 9, township 13 north of range 16 e, in 1882. Eight years afterward Bernard Logan filed homestead entry No. 4769, Helena Series, Janies Jones filed homestead entry No. 589, in this office, in 1893, and Nathan Platt filed homestead entry No. 311, in this office, in 1892. While the foregoing entries are in sections embraced in the Rock creek bench, two of them are situated on the Trout creek bottom, Trout creek running through them, and oth ers are watered by springs. In 1896 John B. Gaston, Abner Stap leton and William E. Cummings, two of them witnesses in this case, emi grated to to the Judith Basin and set tled on Rock creek bench, bein f the first entries made upon bench land in this land district with the expectation of raising crops thereon without irri gation; fourteen years had elapsed from the date of the first settlement. The entry in contest was filed Novem ber 21, 1901; at this time there were thirty-five homestead entries and nine desert filings existing on the Rock creek bench. At the time of the initi ation of this contest there were no va cant lands left, there being 121 home stead entries and 28 deserts. The land in contest is surrounded by homestead filings, except on the west, which is the desert entry of John C. Stapleton, No. 7040, made December 2, 1901; it is situated within three miles of the vil lage of Moore, a station on the Mon tana railroad, situated in section 16, township 14 north, of range 16 east, where there is erected a grain elevator with a capacity of 75,000 bushels. SPECIAL AGENT'S REPORT. We have gone into the resume of the situation, deeming it necessary in the adjudication of this case, and in view of the fact that other contests have been initiated against desert entries in the vicinity of the land in contest, and of the report of Special Agent Edgar S. Foley upon the land.in contest, and the general situation of the lands up on the bench, and also as a reference in future proceedings. We do not concur in the assertion of counsel that the status of the des ert entries in the vicinity of the land in contest, as to their being desert or non-desert in character, will depend upon the decision of the case at bar. So many factors enter into this phase of the case, such as the character of the soil, situation of the land and re gards natural moisture, distance from market as a factor in connection with remunerative crops, etc., etc., that each case can only be ajudicated upon facts as presented therein. The fact that some lands in the vicinity of the land in contest are producing paying crops without irrigation is not in it self is not sufficient evidence that the land in contest is non-desert in charac ter, unless it is conclusively shown that the conditions are the same. The fact that land is shown to be valuable for mineral or coal is not evidence that adjacent lands are in the same condi tion. It can readily be conceived that a homestead may be filed upon a creek bottom,, containing sufficient moisture to raise crops without irrigation, and a desert entry may legally be filed up on a higher bench adjoining, the char acter of the soil in which may be en tirely different, and upon which noth ing can be produced without artificial irrigation. (The department has desig nated: "Lands bordering upon streams, lakes or other natural bodies of water, or through or upon which there is any river, stream, lake, pond, body of wat er or living spring, are not subject to entry under the desert land law until the clearest proof of their desert char acter is furnished." There are no springs upon the land in contest, the nearest water being over four miles distant. "Second. Lands which produce na tive grasses sufficient in quantity, if unfed by grazing animals, to make an ordinary crop of hay in usual season, are not desert lands." The register of this office resided within two miles of Rock creek bench for a period of ten years, and the re ceiver within six miles for the same length of time, and in addition to the testimony submitted, of their own knowledge, know that the land in con test would not so produce. "Third. Lands containing sufficient moisture to produce a natural growth of trees are not to be classed as des ert lands." There is not a tree growing in town ship 14 north, range 16 east, or in any portion of township 13 north, of range 16 east, until the foothills of the Snowy mountains are reached. There have been four timber culture entries filed upon the Rock creek bench; three were canceled, and final proof made upon one; the se 1-4, sec. 17, tp 14 n, r 16 e, by Posy T. Elston; the final proof in this case showed that repeated efforts had been made to raise trees without irrigation, and that the sprouts either winter killed or perished from drouth. "Fourth. Lands which will produce an agricultural crop of any kind In amount to make the cultivation reas onably remunerative, are not desert." Claimants and witnesses making desert land entries are required to swear: "That said land will not, without ar tificial irrigation, produce an agricul tural crop of any kind in amount to make the same reasonably remuner ative." No resident of the Judith land dist rict from 1881 to 1890, would hesitate for a moment to swear that, in his opinion that all lands upon the Rock creek bench would not produce paying crops without irrigation. Thousands of dollars have been expended by pri vate individuals and corporations, and millions are now being expended by the government, to irrigate hundreds of thousands of acres of lands in the state of Montana similar to those up on Rock creek bench, and in view of the situation as shown by the evidence in this case as to the productiveness of these lands, this latter allegation can only be an opinion. It is evidence that no one can tell what land will produce until it is cultivated. We are, therefore, of the opinion that at the date of the entry the land in contest fulfilled all of the require ments of the desert land act. and that the only question to be determined as to the desert or non-desert charactei. of the land is: Is the character of th<, soil the same and are the conitions the same as that of land in the vicini ty that are producing paying crops without irrigation? Has the land been cultivated, and if so, have reasonably remunerative crops been raised with out irrigation? As to the character of the land, the (Continued on page six.) MANY MILLIONS ON THE BULLARD Engineer Estimates That the Latest Kendall Discovery Shows Close to Twenty Million Dollars. NEW C0MYANY HAS BEEN FORMED North Plum Creek Mininq & Develop* ment Gompany Incorporated by Kendall Mining Men. Although no effort is being made to boom the camp, Kendall is gradually but persistently forcing itself on the mining men of the west as one of the greatest mining districts ever opened up in the Rocky mountain region. Every week something develops to strengthen this opinion of competent mining men who have had their eye on the district for the last year or two. New companies are being formed ev ery week or two and many thousands of dollars worth of development work is now outlined for the next twelve months. There will necessarily be a little lull in this work during the cold winter months, but that time will be used in getting things in yet better shape for extensive work in the early spring. Much speculation has arisen as to whether or not the Kendall people found everything as reported in their recent explorations made on the Bul lard property of which they secured a majority of stock as soon as the dis coveries by the Queen Mining com pany were announced. It can now be stated as authoritive that the first re ports concerning this property were absolutely correct. The Kendall com pany have sunk a number of diamond drill holes and in every one they have passed through an enormous body of high grade cyanide ore. In fact, It has been stated by a mining engineer who is thoroughly acquainted with the entire situation, that the company has, between the extreme holes, not less than $17,000,000 of ore, concerning the existence of which there is no possi bility of error. It is there and it is believed that further development work on the grounds will open up un told millions in addition to this vast Having satisfied themselves as to the genuine value of the ground, the com pany will next start the actual devel opment of the ground by sinking a shaft. Work on this shaft will not be permitted to lag and there Is no room to doubt but that within another year, there will be at least one more big cy anide mill in the Kendall district. A meeting of the stockholders of the Fergus Gold Mining company was held in the office of R. von Tobel last Saturday morning and the following officers were elected: Henry M. Rea, president; A. S. Wright, vice presi dent; David Hilger, secretary, and George J. Bach, treasurer. The com pany was recently formed with a capi tal stock of $3,000,000. It has some four thousand acres of ground which joins the Bullard property and extends in a northeasterly direction for 12 miles. Thirty thousand dollars will be spent in diamond dril explorations on the property ner the Bullard place. Their first hole will be but a few hundred yards from one o the holes which re veales a vast body of ore on the Bul lard ground, and as there is no break in the formation, so far as determined, it is very reasonably believed that the ore body extends out over a very large portion of the ground owned by the new company. If it proves as a num ber of competent mining engineers think, that the formation is similar to that of the amous Rand district in South Africa, this company has one of the best things in the west. Inasmuch as the men behind the company are all local people, it is to be hoped that they strike it and in large bunches. A new company known as the North Plum Creek Mining & Milling com pany was recently incorporated under the laws of South Dakota, with a cap ital stock of $250,000, the shares being $1.00 each. Dr. McCoy, A. J. Smith, Harry Armold, Tom Miracle and other Kendall men are interested in the com pany. J. E. Wasson, than whom there are not many better mining attorneys in the west, is the company's attorney. This company owns fifteen claims on the north fork of Plum creek, just across the hill from the Kendall and Barnes-Klng properties. Armold and others have spent about $6,000 in the development of a portion of this prop erty and have some fine showings of gold, silver and copper. They also have opened up a good body of cyan ide ore and development work will be pushed with all possible haste. These are not all of the active opera tions going on in this busy district by any means. Scores of prospectors are working all over the hills and John R. Cook and others are pushing develop ment work or are preparing to do so, on an extensive scale. The very na ture of the ores o the district precludes a big rush. It takes money to develop made to pay, and for this reason the average prospector with no capital but his pick and shovel is not attract ed as to the Nevada and Colorado fields. But the fact remains that from present indications, the camp will be known within the next twelve months as one of the greatest gold producing regions in the United States. TUBB BROTHERS GET CONTRACT Library Board Holds Meeting and Lets Contract For the Carnegie Building to Lowest Bidder. i* A meeting of the library trusteed was held Saturday afternoon ^in the, office of Chairman Frank E. S and the sealed bids for the construc tion of the new library, ill accordance with the plans and specifications sub mitted and accepted at a previous f meeting, were opened. Those ^present were Chairman Frank E. Smith, JMrs. A. W. Warr, Miss Ada Meyerslck, David Hilger, H. C. Brown and George M. Stone. Three bids were submitted and up on being opened it was found that the bid of Tubb Bros., for $9,950, was the lowest. George Wells bid $11,000 and Henry Lorenz $10,650. The bid of Tubb Bros, was accepted and this enterpris ing firm have already begun work on the structure. The building, as shown by the plans submitted two weeks ago and now on exhibition in the window of H. C. Brown, will be a beautiful structure, built of stone and constructed accord ing to the most approved methods for such structures. Architectural beauty will be specially aimed at by the builders and when complete, it will be a credit to the city and another excel lent monument to the generosity of the famous Scotehm anwho contributed the means for its erection. The con tractors expect to have the building finished or well along toward comple tion before snow flies. ARE NOW READY FOR BUSINESS Tull Arrangements For the Opening Day of the Fergus County Fair— The Democrat was informed by Sec retary O. W. Belden this morning that everything is ready for the opening of the fair tomorrow. The grounds have been cleaned up, all of the buildings put in shape to receive the numerous displays and the track is in as fine condition as it ever was, which is say ing much, as there / are few better tracks In the state than the one here. The firms in the city who are going to have special exhibits on the grounds are arranging their displays today and many of the agricultural, stock and vegetable exhibits are arriving on the grounds. "There will be good racing every day, the cowboy race will be a supreme attraction, the Lewistown hand will play every afternoon and a numbre of special attractions will make this fair worth coming miles to see,'' said Mr. Belden just before we go to press. Get your business all transacted to day and go to the fair for the next three days. If you want all the local news read the Democrat. . A good second hand organ for sale at W. S. Smith's piano store. Order to Show Cause Why Order of Sale of Real Estate Should Not Be Made. In the District Court of rhe Tenth Ju dicial District of the State of Mon tana, in and for the County of Fer gus. In the matter of the Estate of Wal ter B. Miner, Deceased. It appearing to this court by the pe tition, this day presented and filed by George J. Bach, the Administrator of the Estate of Walter B. Miner, deceas ed, that it is necessary to sell the whole of the real estate of said de cedent to pay the debts of said deced ent and the expenses and charges of administration. It is therefore ordered by this Court that all persons interested in the es tate of said decedent appear before the said District Court on Wednesday, the 25th day of October, A. 1). 1905, at the hour of 10 o'clock A. M. of said day at the Court Room of said Court, at the Court House, in the City of Lewistown, Fergus County, Montana, to show cause why an order should lot be granted to said Administrator to sell so much of the said real estatil, to-wit: the north-easterly one-half of lot eight and all of lot nine in block Eleven of the Stafford Addition to the Original Site of Lewistown situ ated in Fergus County, Montana, with the buildings and other improvements thereon as shall be necessary, and that a copy of this order be published four successive weeks in the Fergus Coun ty Democrat, a newspaper published and printed in said county. Dated this 19th day of ntember. 1905. E. K. CHEADLE, District Judge. First publication September 19-41 NEWSY LETTER EROM KENDALL Special Correspondent For the Dem ocrat Tells of the Weekly Hap penings in Big Camp. ACTIVITY IN IRON GULCH Assessment Work Is Being Done on Various Claims-Lewistown Lid Extended to Kendall. Robert Wedlock, who recently pur chased the!, butchering business of Robinson lk-os.,wns arrested last week for a violation of the stock law. John Mllsap,. who claimed to be a stock In spector, swore out the warrant but could not be induced to state In what way the law had been violated. A few days ago Wedlock dressed a calf and Mllsap was watching him but did not see him take the hide into the shed. Mllsap said: "I've been watching you for a long time and now I've caught you," and lmediately swore out a war rant for Wedlock's arrest. Mr. Wed lock has done very little of his own butchering, always buying his beef af ter it was butchered, and everyone feels that there Is probably no grounds for his arrest. Mr. Wedlock has not received his license yet, although It was paid for some time since. Judge Kelly put him under bonds. The case of David Richards came up for trial last week. Richards is the diminutive Welshman who Is doing time at the county Jail for beating his wife. Attorney F. E. Smith of Lewis town was counsel for Richards. Judges Kelly will withhold his findings until Judge Cheadle returns to Lewistown, when Richards will be tried for insan ity. For the present Richards is un der bonds. Rambling 1s closed down and the. "lid is on tight." Deputy Sheriff Jas. Fisher was notified by County Attor ney Roy Ayers to stop all gambling In Kendall. Every saloon owner In town was notified and for almost a week the town has been much quieter in the evenings than formerly. When gambl ing closed in Lewistown there was an exodus of boosters and tinhorns, etc., to Kendall, and it is hoped by these* measures to rid the town of this un deslrablee element. From all accounts the mining prop erties in Iron Gulch are looking up. S. S. Hobson, A. S. Wright and F. B. Wright are interested In properties in that district and are doing assessment work. William Gerllck is also doing assessment work on hts claims. Geo. Crawford has a lease on the Draper & Waldorf property and It Is the Inten tion of Mr. Crawford and his partner to prospect thoroughly with a dia mond drill. A social dance was gotten up on Fri day night by several young men i'u Kendall, and a fine* crowd was In at tendance. The music—guitar and man dolin—was furnished by Rogers and Ward from Lewistown. During the evening several popular songs were sung, which added greatly to the ev ening's pleasure. Mrs. Newell anil her daughter Win ifred came out from Lewistown Tues day and spent the rest of the week at the home of J. M. Barren;. They were joined by Miss Newell and Master Edson on Friday and returned to Lew istown Sunday afternoon. Mr. and Mrs. Frank Willie and Mr. and Mrs. Hugh Martin and little daughter left Tuesday for the Belt mauntalns where they will spend two or three weel%i fishing and hunting on the Lost Fork. They expect to get lots of game and their friends are an ticipating a treat when they return. Mrs. Thomas Riser and Miss Fasel entertained a small company of friends Thursday night for Mrs. Newell and Miss Winifred Newell. On Saturday evening Mrs. Newell and the Misses Newell were at home to their friends at the home of J. M. Bar rent. A most enjoyable evening was spent with music and conversation. Mr. and Mrs. Raul Smith and son Luton drove to Lewistown Saturday, and Mrs. Smith will spend the winter there, after a few weeks' stay at the Chico hot springs. H. I. Shaw has about completed tin addition of a large room and porch to his house. The house has been paint ed and presents a handsome appear ance. A great deal of building is going on. George Crawford is putting a house on his property near the school house. James Stretch is excavating and will build a four room house on Acorn st., and William Martin is excavating for a house. J. S. Kelly has about com pleted a new three room house and the Backsliaw brothers are putting up a four room house. "Doc" Hendricks is also building. The plans are being draughted for a store building which the Power Mercantile Co. will erect, ^nd will have completed by December 1. It is the intention of the company to have a stock of goods in time for the Christmas trade. Miss Henry has returned from Hel ena where she has been attending business college. Bete Munson was over from Maiden last week. Ilenry Barrent made a business trip to Lewistown Saturday. Seymour Howell was all smiles Thursday and the boys at the Barnes Klng smoked cigars with him over the arrival of a baby boy at his home. E. E. Doty, M. D., of Nelhart is in town. He arrived Saturday.' William Able and John Hogl were out from Lewistown Wednesday. Dr. and Mrs. M. M. Hedges and Mr. and Mrs. E. O. Busenburg and son drove to Kendall Sunday and returned that evening. Arthur Kelly returned Wednesday from the Shaw ranch on Cottonwood, where he spent several days. J. M. Parrent left late in the week for Big Timber, where he will fish and hunt for a few days. He will visit Butte and Helena before returning. A. S. Wright, H. M. Rea and A. M. Plumb were In town on mining busi ness last week. The Judith Transportation Co. will run a (6) six horse coach from Kendall to Lewistown Thursday, Friday and Saturday, Sept. 21, 22, 23, leaving Ken dall at 8 a. m. Fare round trip, $2.00. GILT EDGE BREVITIES. A1 Barden and wife of Beaver Creek, who have been at Jackman's ranch this summer, passed through town last Friday on their way home. William Sampson, who was injured In the Barnes-Klng mine at Kendall, has been in Gilt Edge for several days. George Beilis of Collar Gulch has been in the hospital about one week where he underwent an operation for appendicitis. He Is some better but not yet out of danger. Dr. Attlx of Lewistown was called In consultation. R. 1). Young has purchased the Culd well residence and will In the future, make this Ills permanent home. This is the fourth time he has moved this summer and he says he has had enough of It. Bay day on the 15th passpil off quiet ly save a few 111 tie differences where the settlement of which was visible about the face of the dlfferers. N. J. Littlejohn of Lewistown was In Gilt Edge for a few days last week. 11. C. McEvony was down from Ills mountain resort last Saturday. Fred Qulhcll injured his hand In the butcher shop last week and was out several days. M. J.Callahan has moved back from Malden and will soon, go to work at the mill. Ernest Kies of Magi unis was in town Sunday and Informed us that he will be here twice a week In the future with his meat wagon. It Is rumored that J, H. Heckler, who has been with T. R. Cunningham for the last year acting In the capacity of pharmacist, will soon start a drug store here. It. M. Dougherty and wife and Ro ert Sharpe and wife returned Satur day from a three weeks' trip to the National park. Frank Wilson, who Is connected with the mines at Malden has gone back to his old home in Minot, N. D., for a two weeks' visit. W. C. Cox of McDonald creek was in town Saturday. A colored gentleman from Lewis town was the butt of a huge Joke while In a somnlloscent state last Sat urday night. When aroused he (bought he was In the midst of a No vember shower with two cigar stubs, four white poker chips and a large slice of water mellon In front of him and two artists with kodaks, ready to get a snap shot "of him. "The sfla'P' shots will be on exhibition at the county fair this week, provided the management can find an appropriate place for them. Rufus Warner has taken Dick Young's horse to drive for a week. The animal needs much driving every day to keep him gentle. Joseph Beilis is in town attending the bedside of his brother, George George Dunn and wife and S. New man and wife went to Lewistown on business Monday. In the absence of V. Caraway, who Is at the Bortland exposition, Miss Susie Dunn has entire charge of the business. It Is probable that Mr. Car away may not return alone. J. W. Morgan and George Brimble were over from Maiden Sunday. E. H. Crabtree was in town Mon day. John Warner, father of Robert War ner, is in town for a few days. Hiram Miller of Malden tied his team in front of the Gilt Edge hotel last Monday and when the triangle called the guests to dinner, the team started—but not to dinner. Several parties were near by and caught the team and the damage was slight. 'GENE J. E. Lane, manager for the Montana Lumber company, returned home last evening from a business trip over the western part of the state. He visited Missoula, Bonner and a number of big lumber centers in Western Montana and eastern Idaho. He says that the the western portion of the state shows many evidences of prosperity and that Missoula particularly, is on the boom. Sharply Company Good. The Sharpley Theatre company opened in Culver's hall last night for a week's engagement. A good house house greeted their first performance. All were well pleas > t with the play and the management promts - a bet ter bill tonight. The company has nothing but high class artists in <t and the pronounced hit which they have made in other Montana towns prom ises to be the order of the week in this city.