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Fergus County Democrat
St. *t' r *r/i VOL. X. NO. 7. LEWISTOWN, FERGUS COUNTY, MONTANA, OCTOBER 21, 1913. PRICE FIVE CENTS CASES SET FOR CALENDAR BEGINS ON NOV. 10 AND EXTENDS TO DE CEMBER 24. MANY IMNi CASES They Will Be Disposed of Early in the Term—F. H. Piercy, Arrested in Connection With Alleged Oil Land Swindle, Files Demurrer to the Information. Judge Roy E. Ayers has made a set ting of cases for the November term of court, which is to begin on Nov. 10, the settings now made extending to Dec. 24. There will be a few addi tions to the calendar later, but they will come in between cases already set. The criminal cases will be taken up first, that of the state against F. H. Piercy, charged with grand larceny in connection with the alleged Wyo ming oil land swindle, being set for Nov. 10. The case of the state against Revil is set for Nov. 11. This defend ant is also charged with grand larceny, being accused of the theft of a sum of money from a railway contractor. The case of Moore, charged with grand larceny, is to be tried Nov. 12, and on Nov. 13 the case of Cavanaugh, charged with grand larceny, will be tried. Some civil cases will then in tervene, and Dec. 1 the trial of crim inal cases will be resumed, the case of Harry Norman, charged with the robbery of Jake Kakala, to be taken up on that day. Albert Green, charged with the theft of $52 from J. L. Davi son, will be tried Dec. 2. On Dec. 3 Harry Morgan, charged with, robbing Joe Huslck, will be tried. The case of John Bryan, charged with assault in the second degree upon Tom Ward, will be tried Dec. 4. Alfred Turcott, charged with burglary committed at a sheep camp of Andrew Fergus near Armells, is set for Dec. 5, and on the same day C. E. Wagner, a young man charged with forgery, will have his trial. Wagner was Implicated with Jack Spencer in passing some checks on Ted Funk, to which the signature of L. N. Hallickson had been forged. Spencer recently pleaded guilty and assumed all blame for the affair. Civil Cases. The setting of civil cases follow: Nov. 14—Town of Moore vs. Klpe. Nov. 14—Town of Stanford vs. Igel. Nov. 15—Stapleton vs. Stoner. Nov. 17—Burgeson vs. Smith. Nov. 18 and 19—Hamilton vs. Ham ilton. Nov. 20—Wilson vs. Brown. Nov. 21 and 22—Hufflne vs. Lincoln et al. TO HAVE A FARMERS SHORT COURSE HERE WILL BE IDENTICAL WITH THAT AT BOZEMAN—UNDER SUPER VISION OF PROF. COOLEY. Arrangements have been perfected for a farmers' short course, to be held at the courthouse in this city for one week during the first or second week in January, the exact date to be de cided upon later. It will be under the general supervision of Prof. F. S. Cooley, Lewistown being one of four cities where such a course will be held during the year in this state, the others being Bozeman, Stevensville and Billings. Same As at Bozeman. The same instructors will be here as at the Bozeman course and they will instruct in domestic science, dairying, stock growing and grain growing. It is confidently expected that a large number of farmers in this lo cality will take advantage of the op portunity to perfect themselves in some or all of the branches relating to farming that are to be given. Nov. 24 and 25—Huffine et al vs. Lincoln. Nov. 26—Hartley vs. Norcutt. Nov. 28—Stanley vs. Chambers. Nov. 29—Zanisek vs. Zanlsek. Dec. 6—Elijah vs. Wright. Dec. 8—Box et al vs. Raw. Dec. 9—Pernott vs. Pernott. Dec. 10—McCollum vs. Deskins. Dec. 11—Scovel vs. C., M. & P. S. Ry. Co. Dec. 12—Ryan vs. Lewistown Auto Co. Dec. 13—Appleton vs. Lewistown Auto Co. Dec. 15—Brown vs. Moran et al. Dec. 16—Ignac vs. Seman. Dec. 17—Brogley vs. Butler. Dec. 18—Qunsmore et al vs. Min nier. Dec. 19—Power Mercantile Co. vs. Johnson et al. Dec. 20—Farmers' Elevator Co. of Moore vs. SelleckT Dec. 22—Dengel Bros. Co. vs. Hard ing. Dec. 23—King et al vs. Cook et al. Dec. 24—Martin vs. Stephens. Piercy's Demurrer. In the case of F. H. Piercy, the al leged oil land swindler, the court has appointed Attorney Kirk to represent the defendant. Mr. Kirk has filed a demurrer to the information and this will be argued on Nov. 3. FINE LAND IN DAWSON AND MUS SELSHELL OPEN TO ENTRY. ELEVEN SMB IN All Much of It Is Occupied by Squatters, Who Will Have the Usual Prefer ence Right—Quarterly Report of the Land Office Shows Big Business Is Being Done There. The local land office expects a gen uine rush beginning with Thursday next, when eleven townships, ten in northwestern Dawson county and one in Musselshell county, will be open to entry beginning at 9 a. m. Most of this land is of excellent farm land and a large part of it is now occupied by squatters, some of whom have been on it for several years. They will have a preference right. It is estimated that approximately 500 filings will be received for lands in these townships during the next quarter. The certainty of a heavy rush on and after Oct. 23, leads the officials to suggest that all those de siring to file should have the exact amount of their filing fees with them in order to expedite the work. The land office is a pretty busy place at all times these days and Reg ister H. J. Kelly and Receiver A. Hoge land and all the members of the force have their hands full to keep abreast of the work. Quarterly Report. This is made apparent by the re port for the quarter ended Sept. 30 last. During that period there were 745 original homestead filings and 114 original desert entries, the total appli cations of all classes received being 1,161. The total cash receipts for the period were $48,742.73. A total of 1, 564 receipts were issued, while the pa pers handled and reported made a to tal of 1,965. The final entries of all classes numbered 478. More Land Surveyed. The register and receiver give no tice that the residue of each of the following townships have been sur veyed: Township 18 north, of range 11 east, and township 19 north, of range 13 east. The plats of such lands will be filed in the office on Nov. 19 and on and after that date the office will be prepared to receive applications to enter or select such lands, as well as applications to adjust existing claims. A Harvest Spectacle. Miss E. Edythe Ammons, the hust ling and talented newspaper woman, was in Lewistown Friday boosting for the big wheat harvest spectacle to be given at Hobson Thursday evening, next. Special harvest decorations are being prepared by J. H. Surprenant and Charley >Wentworth and forty chil dren in harvest costume will appear in the harvest spectacle. There will be shock drills and a number of other features that are certain to prove very attractive. Following the spectacle there will be a harvest ball, the Lew istown Concert orchestra having been engaged to furnish music for this fea ture. A number of Lewistown people will go out to Hobson for the affair and all are assured a delightful time. A more detailed description of the fes tival program appears elsewhere in this issue. Much Impressed. W. E. Montgomery, a prominent business man of Edgar, Nebraska, has been spending a few days In the city visiting his life-long friend, J. E. Lane, of the Montana Lumber company. Mr. Montgomery, who is also in the lum ber business, says Lewistown is one of the llvest and most bustling little cities he has seen anywhere. 13 SOLE PROTESTANT TO SETTLE MENT ON MAIN STREET WORK. VERY FREE LISCUSSBN Unanimous Opinion of Mayor, Aider men, Engineer and Chemist Is That the Work Is First Class in Every Respect—Road Tax Collections— Routine Business Disposed of. Last night's meeting of the city council started out aB a hum-drum af fair, but it became lively enough a bit later when the matter of the street paving was taken up in its regular or der. Mayor Symmes was in the chair and Aldermen Sutter, Berkin, Wiede man, Ford and Miller, with City At torney I. B. Kirkland and City Engi neer A. C. Birkland, were present. Cost of Paving. The city engineer, after some rou tine petitions had been disposed of, submitted the total cost of the street paving in District No. 9. This, with the engineering and other incidental expenses, tooted up $46,322, or about $1,618 under the original estimate of $48,000. Following a brief discussion,' in which it developed that the condi tion of the contract for the mainte nance of the pavement for five years was satisfactory and after the engi neer had given his full approval to the work, Alderman Birkland moved that the final estimate be approved and the contractor paid the balance due him. His total amounted to $44,968.67, of which $26,000 had been previously paid, leaving a balance of $18,968.67. Mayor Symmes said that he want ed to see every property owner inter ested satisfied, and as M. R. Wise was present, he would like to hear from I him and have him express his views. Mr. Wise has been somewhat actively opposed to the work for some time and he promptly came forward, stating that he hoped action would be de ferred for a time. He had secured some tests which indicated that the paving was not up to specifications, j In support of this he submitted a re-! port made to him by Prof. R. D. ■ Kneale, of the state highway commis sion at Bozeman, who had made an 1 analysis of a piece of bitulithic sub-1 mitted to him by Mr. Wise. This re-, port was in the nature of a sheet of figures giving the per cent, of voids, j etc. This would show that the sam ple submitted was not up to require ments. Mr. Wise added that he ex- j pected some other reports of analysis later. Telegram From Kneale. When he had concluded, Mayor Symmes stated that since coming fo SPECIAL TRAIN TO TAKE THEM TO ALGERIA JUBILEE DECEMBER 4. The Shriners of this section share in the widespread interest taken by members of the order in the coming Silver Jubilee of Algeria Temple, to be celebrated at Helena on Dec. 4, and arrangements are now about per fected for the pilgrimage of the nobles and novices from Fergus, Meagher and Musselshell counties to the Capital city. Imperial Potentate Irwin, of Vir ginia, will be present, as will delega tions from Spokane and temples on the coast. For the reason that a large number of nobles who will join those from Lewistown on tne trip reside in terri tory tributary to the Milwaukee, in cluding such places as Harlowton, Roundup and White Sulphur, the com mittee has decided to make that line the official route, and a special train will leave Lewistown on Dec. 3 at 9 p. m. for Helena, arriving (here the next morning over the Northern Pa cific. This special will leave Helena the morning of Dec. 5 and arrive here at 6:30 p. m. on that day. Each noble will be assigned a berth and the Pull mans will be sidetracked and be at the disposal of the delegates during their stay in Helena. Walter Lehman and W. W. Wheaton, who have been making the canvass, have met with gratifying success and it is certain that the delegation will be the largest that has ever made the pilgrimage from Lewistown for the Algeria meetings. A Pleasing Surprise. The committee recently wrote the Placer hotel at Helena to reserve an apartment for this delegation, as the nobles will have some special stunts to pull off. In reply it was stated that the apartment would be reserved for Lewistown and that there would be no charge for It. j ■ 1 j j the hall he had received the following telegram from Prof. Kneale. He had not been in communication with that gentleman and knew nothing as to what prompted him to send the mes sage : Bozeman, Oct. 20. Mayor W. D. Symmes: A party from Lewistown submitted small sample of pavement to me to test. The chemical department tested for voids by the water method in a small bottle. This test would not show the voids in the stone aggregate as laid in the street. The voids in the Bample we tested were completely filled with bitumen. PROF. R. D. KNEALE. Birkland Heard. Engineer Birkland was asked for his view and said that he had given Mr. Wise the small sample which the latter took to Bozeman. There was not enough of it to make such a test of any value. His own tests had been made on samples of about 30 pounds of the mixture, taken directly from the machine, and he found the ma terial to be up to the standard in all respects. Another Chemist Heard. Chemist Jenkins, of the staff of War ren Bros., owners of the bitulithic patents, was asked by the mayor to give his opinion. He stated that he was not connected in any way with Mr. McGuire, being in the employ of Warren Bros, to check up the work ol contractors using bitulithic to see that it conformed to the requirements. As this was the end of the season and paving contracts were being finished up everywhere, he had been detailed to Lewistown longer than he usually femained in one place. His laboratory tests showed that the material used here had been up to specifications and he had been able to give this contract special attention. He was prepared to say that Mr. McGuire's work was fully up to the standard. Engineer Birkland was asked to give his general opinion on the Main street Job as completed and replied that Mc Guire had lived up to his specifications and done a first-class job. Mr. Wise had not made any inspection of the plant at all. The lid was completely off by this time and plain talk was the order of the evening. Contractor McGuire was called upon and said he had done as good a job here as could be done. Mr. Wise had been asked to go down to the plant and inspect the material and process there, but had refused to do so. His action was, in reality, the action of a rival company that, in his opinion, was simply using Mr. Wise tool to attempt to embarrass the contractor. He could say honestly that he had never seen a better paving job than that completed here and he believed that every property owner af fcted was satisfied with the sole ex ception of Mr. Wise. The Mayor Talks. Mayor Symmes said he had put in a great deal of time on this paving work. Warren Bros, were careful to have their own representative here all the time to see that nothing was slighted and from all the information he had been able to gather the job was a first-class one. "I went personally to see Mr. Wise and asked him to let me know just exactly what he had. What he had was simply a lot of stuff of Hanlon & Oaks, a rival firm that bid here, and who followed the Bame tactics they did at Great Falls a couple of years ago. Now other property owners have been asked to sign a protest. How many signatures did you secure, Mr. Wise?" "I did not go out with any protest," replied Mr. Wise. "Well, I will say that a property owner told me he had been asked to (Continued on page twelve.) Helena Assay Office. Helena, Oct. 18.—The United States assay office in this city is out of the market, temporarily at least, for gold, orders having been received from the | director of the mint to discontinue such purchases until congress rectifies j its failure to pass an appropriation i for the movement of bullion. The of fice will receive shipments from min | ing men as heretofore, if they care to I send them, and will hold them. INGINULin BACK FROM THE NORIH THE FORMER DEPUTY 8HERIFF IS CHARGED WITH THEFT OF HORSES. Undersheriff L. P. Slater and Dep uty Sheriff Guy Tullock left Helena last week for Juneau, Alaska, after Al Morgan, who is wanted here in con nection with the theft of some horses. The local officers have not given out any statement in regard to the case, but are satisfied that they "have the goods" and have been after Morgan ever since he disappeared last winter, at the time arrests were made for the theft of a lot of horses from near Chinook, which were driven through here. The officers should be back in Lew istown next Sunday night, provided they make direct connections all the way and are not delayed in Juneau. Morgan served here as a deputy sheriff and made a good record as an officer. Later he had the city garbage contract JOHN ZUK SUES MILWAUKEE TO RECOVER THIRTY THOU SAND DOLLARS. BACK fRACTURED BY FALL Peter Morelli Sues Twohy Bros., Con tractors ,to Recover $20,000 for Per sonal Injuries—Peter Wilgert Sues A. Guthrie, Riley & Co. to Recover $1,000 for Injuries. John Zuk, a painter formerly em ployed with a crew painting the high Milwaukee bridge over Indian creek, yesterday brought, suit in the district court against the Milwaukee to recov er $30,000 for injuries sustained by him at the bridge last month. The structure, he sets out, is 130 feet above ground at its highest point. Ropes, he alleges, were hung from the top of the structure to permit the painters to descend to the various parts of the bridge, and on Sept. 9, while he was going down in this manner, the rope, which was negligently and carelessly fastened, gave way and he fell a dis tance of forty feet, with the result that his back was fractured and his entire body below the fracture is paralyzed; that he is permanently and wholly disabled; that he was formerly capable of earning $135 a month at his trade. He asks judgment for the amount stated. Judge E. K. Cheadle is Zuk's at torney. $20,000 Damage 8uit. Peter Morelli, who was employed as a workman at the Sage creek tun nel last July, has brought an action against Twohy Bros., the big Milwau kee railway contractors, to recover $20,000 damages for personal injuries resulting from an accident alleged to have been due to the carelessness' of the defendants. The plaintiff, while at work in the tunnel placing sets of timbers, alleges that a large rock fell upon him, breaking the pelvic bone and inflicting other injuries. Judge E. K. Cheadle is Morelli's attorney. Asks $1,000 Damages. Peter Wilgert yesterday brought suit against A. Guthrie, Riley & Co., Great Northern contractors, to recover $1,000 for personal injuries alleged to have been received by a fall from a trestle, the accident being due to negligence, he sets out, on the part of the defend ants. Judge Cheadle Is the plaintiff's attorney. Failure to Provide. Lily Sprague has brought suit PYTHIANS HONOR A LEWKTOWN KNIGHT WALTER 8. SMITH GRAND LODGE OFFICER—MR8. RITCH ADVANCED. Lewistown was represented at the meeting of the Knights of Pythias grand lodge at Butte last week by J. L. Martin, Walter S. Smith and J. C. Miller, and at the election Mr. Smith was honored by being chosen as grand outer guard, which starts him on the way to the head of the order. At the election of officers of the state lodge of Pythian Sisters, Mrs. Minnie Rltch, of Lewistown, was ad vanced to the position of grand senior, which means that in the course of events she will next year become grand chief, the highest office in the lodge. The meetings of both the knights and Pythian Sisters were most suc cessful and enjoyable, and Walter Smith, who had not attended a grand lodge meeting for some years, was given an especially cordial reception by the knights. Death of Charley Nave., News has been received here of the death at Salt Lake last week of Char ley Nave, who was on his way to San Diego to Join his parents. Mr. and Mrs. Jacob Nave, when - illness compelled him to stop at Salt Lake. Mr. Nave came here with his parents when a boy and had since resided in Lewis town almost continuously. For a long time he was connected with the Bright hotel buffet. He was very well known and had many friendB. The interment took place at San Diego. Back From California. Attorney J. C. Huntoon returned home Sunday from a business trip to California, visiting Ontario, Los An geles and San Diego. At the latter city he met a lot of former LewiB town people, including Nat Smith, E. O. Busenburg, Charley McDonald, George Bach and Mr. Harvey. All of them are prospering. against Ernest Sprague, to whom she was married in this city March 15, 1911, to secure a divorce, on the ground of failure to provide. Albert N. Nadeau is the plaintiff's attorney. Work and Materials. Frank L. Pierce has brought suit against Harry G. Waite to recover $258 for furnishing the materials and building a cook wagon ordered by the defendant. Belden & DeKalb are the plaintiff's attorneys. Suits on Notes. B. F. Bonnewell, remembered as an agent of the United States Cashier company, which sold a large amount of stock in this county, has brought suits against Seth O. Carroll and M. A. Penwell, of Moore, to recover $975 and $775, respectively, on promissory notes. C. J. Marshall is the plaintiff's attorney. Hotel Fergus Case. In the case of Joseph Reebel against Phil Laux et al, involving the plain tiff's lease on the new Hotel Fergus, Ueebel's application for a restraining order to prevent the defendants from carrying out a lease to Forbes Bros., of Kansas City, was argued before Judge Ayers yesterday and submitted. W. J. JOHNSON RETURNS FROM A MEETING OF BANKERS' ASSOCIATION. flASMlT MEASURE Local Banker Says Belief Is That While 8ome of the Details Need Changing, Measure Is Long Step Toward Improving Our Currency 8ystem—Business Is Good. Cashier W, J. Johnson returned home Saturday from the east after having attended the meettpg of the American Bankers' association at Bos ton. This meeting was a record break er in point of attendance. "The proposed currency luw now be ing considered by congress was the cause of the presence of over five thousand bank managers," said Mr. Johnson this morning. "The action of the meeting demonstrated that while the banks of the country feel that the proposed law is a long step in improv ing our currency system, some of its details are radically wrong and should be changed. A committee of country bankers went to Washington after the Boston meeting to talk to members of congress. They were received in a most cordial manner and it became very apparent that the administration Is ready and willing to do everything possible to make the present bill not only a measure that will cause all na tional banks to be glad to continue their charters under the federal gov ernment but will also cause many of the banks now incorporated under state laws to become members of the federal system. Some Excellent Features. "Some years ago the president ap pointed a commission of very able men to study the banking systems of the world and to recommend a plan of revision for our present laws. This commission made a very complete re port. Based on that report a measure known as the Aldrich bill was intro duced in congress three years ago. The Aldrich bill never was popular. The present Glass-Owen bill contains many features of the Aldrich bill, how ever, and if enacted into law will doubtless make panics and money stringencies impossible. A law that will bring this result will place the banking and currency system of the United States where it will become a model for the world. Ths Wheat Problem. "The very low price of wheat is re ducing the debt-paying power of our crop. The general desire among farm ers to turn wheat into meat is one of the solutions of this difficulty. Wheat at sixty cents or less is cheaper than hay for the feeding of livestock. The Tariff Law. "Business Ib fairly good in the east. The effects of the new tariff law are of course matters of conjecture yet, but apparently manufacturers have anticipated the application of the law to their particular lines and are ad justing themselves to its detail.s" Woile in Washington Mr. Johnson met Senator T. J. Walsh and Repre sentative Tom Stout and spent consid erable time with them. They, as well as Senators Myers and Representative Evans, are very busy men just now. Grain Quotations. Following are today's quotations at the local elevators: No. 1 northern, 60 cents; No. 2, 58 cents; No. 1 Turkey, 58 cents; No. 2, 56 cents; No. 1 durum, 55 cents; No. 2, 53 cents; flax, $1.11; oats, 90 cents; malting barley, $1. Law Clark for County. S. P. Williams has taken the posi tion of law clerk in the office of the county attorney. Mr. Williams is a Harvard graduate and is thoroughly qualified for the Work.