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The River Press.
Published every Wednesday Morning by the River Press Publish ing Company. OPEN THE RESERVATIONS. A good suggestion is made by the Missoulian in recommending- that the Montana delegation in congress make a strong effort to open to settlement the large area devoted to Indian res ervations in this state. In ronnd numbers, about nine million acres are embraced in the Crow, Flathead, Blackfeet, Belknap and Fort Peck reservations, and military reserva tions to the extent of some 2(i0,000 acres are also included within the area of Montana. Much of this land is not needed for the purposes for which it is reserved, and if opened to settlors would afford excellent locations for thrifty and progressive home build ers. The suggestion is presented by the Missoulian in these remarks: Congressman Dixon should make a special effort when he takes his seat, to abolish the Montana Indian reset - vations or reduce them to sensible limits. Millions of acres in the ag gregate are embraced in these vast tracts of land which figure so promi nently in the state maps. The Flathead, the Blackfeet, the Crow and other reservations in this state are so many barriers to progress. They retard the growth of agriculture. They prevent the extension of rail ways within their limits. They stand in the way of mineral development and the advancement of forestry. Thes deflect the tide of westward migra tion inasmuch as homeseekers keep miles away from reservations, know ing that they afford no markets for their produce. According to the census of 1!)0U, the noble red man anil woman had de creased in number Jto 270.544. These lived iu twenty-five states and terri tories. Mont-ana's quota »was 10,07(i, or about the population of the city of Missoula. In no civilized country are any people so generously endowed with land as the Indians of this state. The time has come for a new deal. We note that some residents of the In dian Territory, which numbers only 86,305 people, object to the scheme which proposes to annex the territory gradually to Oklahoma as soon as she attains statehood. They would keep in territorial condition 19,000, 000 acres which in the hands of thrifty American farmers would add greatly to the public wealth of this country. Like influences are at work to keep the Indian reservations of this state iu a condition of almost unbroken solitude. But if the people of Mon tana without regard to party lines, firmly and persistently demand the opening of the reservations, Mr. Dix on will lind it comparatively easy to put a bill through congress for that purpose. The inertia at Washington is great but it can be overcome. WATER RIGHT LEGISLATION. The necessity ot a Montana water right law that shall prevent friction with the federal authorities entrusted with the work of government irriga tion, is discussed at considerable length by President Ceo. II. Maxwell, of th e National Irrigation commission, in a letter addressed to Senator Paris Gibson. Mr. Maxwell does not agree with the views of some other expert authorities upon this question and states his position in a clear and forcible manner. In the course of his remarks. Mr. Maxwell says: In Montana the first thing to be thought of is to shape your state legis lation as to make certain that no com plications will ever arise between th state and national jurisdiction, or state and national officials, with refer ence to the development of the irriga tion resources of the state. Under the laws of the state as they now stand, private persons, co-operative associa tions, canal companies or corpora tions cau divert and use any of the un used anil unappropriated waters of Montana, aud lo the extent of the ac tual beneficial use, acquire a vested right of property to its perpetual use. The state has the same right, and may to any extent or upon any scale of magnitude build irrigation works to utilize the unused and unappropriated waters of the state for irrigation, and to the extent of the use the right will vest in whomsoever the state may designate. And every such right, whether by private persons or corpor ations or the state, becomes a vested right of property under the laws of the United States and will be pro tected as such in every federal court and under the constitution of the United States. The waters of the streams and rivers of Montana are not the property of the state. They are dedicated to bene ficial use by whomsoever acquires the vested right to that use whether under local law or custom or state law or the laws of the national government. And the national government, as the original proprietor of the public domain, and of all the waters which were originally a part of it, may take out any of the unused and uuappro priated water of the streams or rivers of Montana, and carry it out upon the arid lands, and designate the par ticular lauds to which the right to the use of the water shall be perpetually appurtenant, provided always that it not only would not but could not take any water to which any right had already vested in any private person or corporation or in the state. But it must be borne in mind that no such right can exist in excess of beneficial use, either in the person, in the cor poration, or in the state. Now this is the law of Montana. No matter what may be contended, there is absolutely no doubt or question that this is the law of that state. That being so, in whom does the right fin ally vest to the use of the waters of any hydrographie basin, whenever all the available waters of that basin have been appropriated and used'/ Why, of course, the right vests in the whole community of irrigators who are using the waters for beneficial use in that drainage basin, and whether it be made available for such use by the national government, by the state government, or by private persons or corporations, the community of irri gators in each separate drainage ba sin have become the owners, taking them in the aggregate, of the entire right to the use of the waters of that drainage basin. To clearly understand this proposi tion one must bear constantly in mind that there is no such thing as the own ership of water as a commodity, either by an irrigator or by any one having a right to divert it from the stream for the purpose of carrying it to an irrigator. The right is not in the corpus of the water as such until the water has been finally segregated from all contact wjth any water to which other appropriators may have a lit. The "ownership of water" is a misnomer. The ownership, when we are dealing with rights to water foi irrigation, is not of the water itself. The ownership is of a right to control the How of the water, or to control the use to which it is to be devoted. Unless the people of Montana should be so unwise as to adopt the Mead theory of the state ownership and state control of the distribution of all the water of the state, the federal gov ernment, under the national irrigation act, can, in that state, not only build the great dams and reservoirs and main line canals necessary for the reclamation of the immense area of irrigable arid public lands in that state. It can do much more than this. It cau go upon the head waters of such a river as the Gallatin river and store its floods for the benefit of the irriga tors of the Gallatin valley without any interference with any right of the state and can dedicate the stored waters to beneficial use by the irrigators of that valley. ROOSEVELT EPIGRAMS. ^ j with practical common While certain portions of President Roosevelt's recent message to con gress are not satisfactory to his parti san critics, the latter will agree that the document abounds in gems of thought that are briefly and happily expressed. Here are a few specimen pointed paragraphs that deserve the attention of patriotic American citi zens: Ours is not the Creed of the weak ling and the coward; ours is the gos pel of hope and of high endeavor. We may either fail greatly or suc ceed greatly; but we cannot avoid the endeavor from which either great failure or great success must come. Our people, the sons of the men of the Civil war, the sons of the men who had iron in their blood, rejoice in the present and face the future high of heart and resolute of will. We can get good government only upon condition that we keep true to the principles upon which the nation was founded, and judge each man, not as a part of a class, but upon his individal merits. All that we have a right to ask of any man, rich or poor, whatever his creed, his occupation, his birthplace or his residence, is that he shall act well and honorably by his neighbor and his country. We are neither for the rich man as such nor for the poor man as such; wo are for the upright man, rich or poor. Every employer, every wage-worker, must be guaranteed his liberty aud his right to do as he likes with his proper ty or his labor so long as he does not infringe upon the rights of others. Organized capital and organized la bor alike should remember that in the long run the interest of each must be brought into harmony with the interest of the general public and the conduct of each. Prosperity is not the creature of laws, but undoubtedly the laws under which we work have been instrumental in creating the conditions which made it possible, and by unwise legislation it would be easy enough to destroy it. We should always fearlessly insist upon our rights in the face of the strong, and we should with ungrudg ing hand do our generous duty to the we a k. We should fail in our duty if we did not try to remedy evils, but we shall ucceed only if we proceed patiently, sense as well ■ as resolution, separating th from the bad and holding on good to the former while endeavoring to get rid of the latter. There are many problems for us to face at the outset of the -twentieth century—grave problems abroad and still graver at home: but we know that we can solve them and solve them well, provided only that we bring to the solution the qualities of head and heart which were shown by the men who, in the days of Washington, founded this government, and, in the davs of Lincoln, preserved it. Increasing Demand for Horses. Dillon Examiner. J. M. Conway of Billings, who has in ail probability handled more horses than any other individual in Montana during the past three years, has been in this section for the past week look g for heavy horses. "It is up to the stock raisers of Mon tana to raise more horses and heavy ones, too," said Mr. Conway. "The market for this class of stuff is con stantly on the increase, and as the country to the north and west of us becomes settled up, the demand will increase instead of diminish. These train loads of immigrants, of which you constantly read about coming west means that the country is settling up, and as they are located on farms the first thing they look for is work horses. They need them in their busi ness, for the age of electric plows has not yet arrived and man will depend upon his best friend—the family horse—for a great many years to come before he will become a back number and will be obsolete. "In my opinion, there is no better opportunity open for the small farmer of Beaverhead and Madison counties thau the raising of draft horses. The day is past when large herds cau be raised on the range at a good profit. The ranges are too restricted and overcrowded. But I do think that the man who has from a dozen or twenty good mares aud breeds them to either a good Norman or some other draft stallion will become a winner within the next few years. The demand is constantly more thau the supply for this class of horses and I predict that draft teams weighing from 2,400 to 3,000 per span will be worth from 8250 upwards within the next few years." Personal anil Otherwise. Omaha Bee. The striking school children of Chi cago had their grievances settled in the woodshed in the usual affectiouate manner. The soothing influence of the parental slipper applied to the right spot at the right time seems to defy the changes of time. A young womau applicant for a rural school iu Kansas was questioned by the examining board: "What is your position upon whipping child ren V ' ' "My usual position," re« sponded the applicant, "is ou a chair, with the child held firmly across my knee, face downward." She got the job. A Nebraska farmer who witnessed a game of football for the first time on Thanksgiving day gave his impres sions of the game iu picturesque style. "Nothing new about it," he said. "Just let twenty big hogs out on soft field any day and then throw down a peck or so of corn lu a sack, and see 'em go for it, and you'll know about what a game of football looks to a farmer." Venezuelan Elect Seized. L ondon , Dec. 9.— A dispatch from Caracas, Venezuela, says: The com bined British and German tleet today seized the Venezuelan lieet, composed of four warships, in the harbor of La Cuaria. It is reported also that an ultimatum will be delivered tomorrow, asking for an answer aud a compli ance with the demands of the British and German ministers. W ashington , Dec. 9.—The arrests of the German aud British subjects in Caracas are believed here to be in the nature of a retaliation on the part of President, (.'astro for the ultimatum which has been sent to Venezuela for a settlement of the long standing claims of Germany aud Great Britain against her. Incidentally, sach action by Vene zuela will, it is believed, involve this government, as German and British representatives in Veuezuela, before leaving Caracas, requested United States Minister Bowen to take charge of the interests of their countries in Veuezuela. Montana Man Murdered. 11 F.LKNA, Dec. 10. News has beeu received here that S. K. McDowell, formerly, of Helena, had beeu mur dered in Oklahoma. It is believed] that this is S. K. McDowell, who for merly held state and federal offices iu the state and was prominent iu Mon tana politics. It is said that an an nouncement. was made last week that McDowell had died of pneumonia, but later developments showed that he had been struck in the jaw in a saloon and the blow had caused his death. Advices from Helena report the death of Joseph Wilkinson, a well known northern Montana cow hand who recently suffered au attack of apoplexy. He was about 52 years of age, and had beeu a resideut of Mon tana since the early seventies. POLITICAL STRIFE IX ROSEBl D. Justice of the Peace Has Controversy With Connty Commissioners. Miles City , Dec. 9.—' Things are coming to a focus in the Rosebud county election cases. The county commissioners and the clerk were ar rested and sent to jail for contempt of court by Justice McRae at Forsyth yesterday. Last night they were brought to Miles City by Sheriff Dav is of Rosebud county to be turned over to the sheriff of this county, but they were released on their persoual recognizance by Judge Loud. Feeling is very bitter and it is almost impossible to get at the actual facts in the case. It seems, however, that when the democratic leaders learned that the election of J. S. Hopkins to the state senate was to be contested, they at once began looking about for means to defeat the contest. The most feasible scheme seemed to be. to get all the justices of the peace out of the county and thus cut off the means by taking testimony in the Cciötiö. The statutes provide that testimony in such cases must be taken before two justices. There are four justices in Rosebud county. Two of these are democrats, one of the others is on the Crow reservation, and probably not a justice de facto aud de jure, as a township cannot be established on a reservation. The fourth, the one in the present difficulties, is Roderick McRae of Rosebud township. The commissioners of Rosebud county came to the conclusion that McRae was not a justice of the peace either de facto or de jure and pro ceeded to oust him. Under the pro vision of the statute giving them su pervision over aud the right to exam ine the records and files of justices they demanded of McRae his docket and other official papers iu Iiis pos session. The justice turned them over and when further proceedings came before him he had nothing in his pos session that would permit him to go on with his business. Accordingly, he made a temporary record and had the commissioners brought before him aud demanded the return of the pa pers. They refused to give up the records and informed him that they did not recognize him as a court and that his office was declared vacant. McRae, however, would not be ousted in this way and declared the commis sioners and the county clerk to be in contempt of his court. He sentenced them to one day each in jail, the com missioners to pay a fine of $100 each and the clerk 850. The four were then taken to jail. Cold Wave Causes Distress. New York , Dec. 9.— With the ther mometer marking 8 above zero, the coldest weather of the winter thus far, prevailed today. On Stateu Island, the body of John Stallenwerf, a black smith, was found in the roadway. He had apparently been frozen to death. There was much suffering, especially amoug the poor owing to the scarcity aud high prices of coal. Boston , Dec. 1).—"The coldest night in December since 1884," was the statement of the weather bureau officials iu the city with reference to the temperature last night. The ther mometer at the weather station went to 8 below zero during the night aud at 8 o'clock was 0 below. Reports from places in the vicinity of Bostou indi cated temperatures ranging between 20 below and S below during the early morning. 1' oktland , Maine, Dec. 9.—The thermometer today ranged from 10 to 15 below zero. In twelve hours the temperature fell about 40 degrees. At Lewistowu and Auburn the weather record was 20 below zero. Most of the schools in those places were closed for lack of fuel. An Active Wool Market. ^ nion suit has accelerated action of tlu3 railway company is a matter for | conjecture, but presumably this has B oston , Dec. 9. —A very stroug and active tone is noted iu the wool market with a decided improvement iu prices. Dealers report an advance ou many kinds of wool of j to 1 eeut per pouud, and say that at no time iu years has the market been so well cleaned up of odd lots. Territory wools continued firm. Telephones Will lie I'scd. S t . P aul , Dec. 9.— It is understood that "hello Hues" are to take the place of telegraph Hues along the Great Northern system aud the em ployes of the telegraph department in the twin cities view the possibility with alarm. Just how the Western hastened matters. The Northern Pacific has beeu utiliz ing telephones to great advantage and with pronounced success. Within the past few days telephone experts uuder the direct supervision of E. J. Little, superintendent of telegraph on the Great Northern, have been at work in stalling telephones at various stations from Larimore, N. D.. westward, the work apparently being uuder rush orders for completion aud an advauce of one or two stations beiu» made daily. A Dull Day In Congress. Washington , Dec 9.— The senate devoted most of today to the immigra tion bill, and adopted a number of amendments, among them one by Mo Cumber, excluding professional beg gars. There was considerable dis cussion of the amendment offered by Mr. Burton, of Kansas, to admit Chi nese laborers in Hawaii. It met with considerable opposition, and finally was laid on the table. The provision in the bill prohibiting the sale of liquor in the capitol building created some criticism of the house for putting it in the bill, but the provision was not stricken out. Some minor business was transacted at the opening of the session of the house tod ay. The senate bill to regu late the duties aud fix the compensa tion of customs inspectors at the port of New York was passed, and also a bill to provide additional districts in the Indian Territory, where legal in struments can be filed, were consid ered . The resolution which provides for a holiday adjournment from December 20 to January 5, was called up and adopted without division. Preparing for Alaska Travel. Tacoma , Dec. 9. —Puget Sound transportation men are making prep arations to handle the crowd of pros pectors aud others who will go to the Copper river section of Alaska during the winter and spring. Present indi cations are that not fewer than 5,000 will go to aidez between Jan. 1 and June 1, the usual period for heavy travel for that district. Duriug the season just closed about 2,000 men operated in the several dis tricts of the Copper river valley. Five hundred to six hundred miners are wintering at V aidez with the in tention of taking provisions iuto the interior over the snow and ice, and thus securing an earlier start thau those who do not start north until spring. NOT A RELIEF BUT A COSE Helena , Mont., Oct. 4, IDOä. Du. C. A. P kkrin, Helena, Mont. I wish to thank you for .ny relief. I was suffering agonies from Piles and was tak ing morphine to relieve me, when, on the advice of a friend, I procured a bottle of your Perrin Pile Specific and took a table spoonful at night and another in the morning. At half-past twelve, noon, my wife gave me another tablespoonful, when my pain all stopped. In two days I was able to attend my regular business, en tirely relieved. It was simply wonderful. Julius Meyhoefkr, Furrier, Helena. PERRINS PILE SPECIFIC CLAUS PETERS, Licensed Embalmer md Undertaker. Bond Street, Fort Benton 1 S 1,000 Head of Thoroughbred RAMBOUILLET BUCKS FOR SALE. Tht'sp liiick- art" from tin- celfliratod ilock of (,'HAIiI.ES C'lSNIM.IIAM, of I 'dllllotoll, OrfgOll, sind art' all Yearlings. Those sold by Mr. Cun ningham in this vicinity last year mot with such a irood demand and gave such ireneral satisfac tion, that a larger assortment is offered for sale this season. They are heavy shearers, lit to head any Ilock in northern Montana. These bucks have fully complied with the state quarantine regulations, and will have a clean bill of health from the inspector. They can be seen at any time about one-half mile from Grand t'nion hotel, Fort lienton, Mont. Will be sold in lots desired by purchasers, and at prices to .-uif the times. For further information apply to MERRILL & FLEMING. Fort Benton. Mont NEWS and OPINIONS —OP— NATIONAL IMPORTANCE. (Ufte un, ALONE COXTA IX« Ii C T £1 Daily, bv rrii-.n D a i ! > n n ri £ u r\ d n * ""-Ci r> vt>ar S3 r. vom The Sunday Sun Is the greatest Sunday Newspaper in the world. Price 5c. a copy. By nll,S2ayear Addroae THF. SI X. Xcw York. (4194.) STOCKMEN'S NATIONAL BANK Of Fort Bcnton, Montana. Capital paid up, $200,000 Surplus $100,000 CHAS. E. DU ER, President J. V. CARROLL, Vice-President LOUIS D. SHARP, Cashier. Board of Directors : Chas. E. Duer C. H. Merrill Chas. Le rley Jos. Hirshbero Geo . W. Moore Jno. V. Carroll Jno. H. Green David G. Browne John H arris Transacts a Genera) Banking Business. LOCAL SECURITIES A SPECIALTY Interest allowed on time deposits. Conrad Banking COMPANY, GREAT FALLS, MONT (Unincorporated.) PAID UP CAPITAL S 100,000 INDIVIDUAL RESPONSIBILITY..2,000,000 W. G. CONRAD, Pres. JAMES T. STANFORD, Vice-Pres. aud Manager. P. KELLY, Cashier. This bank solicits accounts, and offers to depositors absolute security, prompt and careful attention, and the most liberal treatment consistent with safe and profitable banking. Buys and sells foreign exchange, drawing direct on all principal American and European cities, and issues its own Letters of Credit. Interest paid on time deposits. The highest cash price paid for approved state, county, city and school bonds and warrants. .1. CASH :: STORE, Fort Benton, Montana. StapleàFancy Groceries Fruits, Nuts, Confectionery, Country Produce. CIGARS, TOBACCOS, PIPKS, ETC. Benton:: Stables GEO. F, LEWIS k SON, Prop'rs. Livery, Sale and Feed Stables. Light and Heavy Turnouts; by the day, \veek,JJor month. FINE TEAMS A SPEC IALTY. Horses, Wagons, lïuggies and Harness on hand at all times, and for sale at reasonable prices. '^ENTERPRISE KESTAUBAXT LEE GEE & BR0„ Proprietors. Front Street - Fort Benton 50 YEARS' EXPERIENCE » T rade M arks . S.i'-.i A hat &Co. 3eiB ™ dway -NewYcrk Vice. F ?t., Washington, d. C. Prints All the News.* If any reader of the River Press considers it worthy of recommendation to friends, the fa'vor will be very high ly appreciated by its publishers.