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About The Ekalaka Eagle (Ekalaka, Mont.) 1909-1920 | View This Issue
The Ekalaka Eagle (Ekalaka, Mont.), 18 May 1917, located at <http://montananewspapers.org/lccn/sn85053090/1917-05-18/ed-1/seq-7/>, image provided by MONTANA NEWSPAPERS, Montana Historical Society, Helena, Montana.
4%-' 7 THE EKALAHA EAGLE. • 1 ;, 4'• 4 JUDGE BOURQUIN AS A HUMORIST FEDERAL JURIST SAYS BIGGEST ELK IN THE WORLD CAN'T COPYRIGHTICD. \No More Ho Than Statue of Liberty Enlightening the World or Wash- ington Monument;\ Describes 00- , s. Fool.,Iligh Animal That Got All Lit Up at Night Like Other Elks. Judge George M e Bourquin, of the federal court for the district of Mon- tana is unsuiiiassed, in dignity of appearance or demeanor,, by any jurist anywhere, and his mister- \ ity of manner in court has made many a juror, trying to dodge jury duty, quail. But for all of his se- vere and dignified exterior, he has a keen sense of humor, as is evi- denced by a decision - rendered in the case of E. B. and Walter Carus against Keefe Bros., which involved a claim for copyright on the biggest elk in the world. — Last summer thg B. P. O. E. held their state convention at Butte. E. B. Carns built a mammoth elk at BroadWay and Main streets. The buge statue was photographed by Keefe Brothers, and they sold thou - Judge George M. Bourquin. sands of postcards with the picture on them. Carns brought suit against Keefe Bros, on the ground that they had infringed his copyrighted elk. Judge Bourquin holds that the elk could no more be copyrighted than the Statue of Liberty enlightening the world or the Waehington monu- ment. His decision reads: Judge Bourquin's Decisism. \Even as Hans Briteman, the Best People on Earth gave a _party. All congenial'souls and spirits were in- vited. For the success of such an enterprise, all recognize that guests must be amused and enthused. To that end the discreet business man donated. more or lefia cheerfully, and many attractions were provided. The invitees, perhaps equally divided, were preseat. The celebration, to Its full extent, was of endurance several . days. Competent ludgea_estimate from 10,000 to 20,000 milled the streets for that period, enthusiastic- ally separating themselves from sur- plus shekels, sans sandbagging, in solicitions endeavor to salt the tail of the elusive and illueive bird of pleas- ure, and that the underwriters made a profit. \The chief attraction was a mon- strous elk (of the horned variety), which bestrode a street of Butte at a busy corner. Standing 60 feet in its hoofs, it was built of a wooden frame covered with what is reseelbed as 'chicken' wire (whatever or why that may be), canvaeed, plastered and painted; and in in conventional fashion it was lit up all night with colored lights. Resembled Real Thing. \There is assurance' that it resem- bled the real thing and las recog- niged by spectators of limited zoo- logy. Local connoisseurs say that it was possibly* heolithic in conception,_ slightly cubist in design, but positive- ly nouveau in execution. At the hosts' expense, plaintiffs built it without -cover and without police in- terference, reserving copyright. When unveiled the structure bore plaintiff's notice, 'Copyrighted; in- fringers beware.' And the hilarious populace promptly shot this mighty elk with a thousand cameras. . De- fendants bought and sold postal card reproductions. Hence this suit for infringement, plaintiffs having regis- tered copyright. If it be assumed that this creation was a 'statue' with- in the law of copyright, the circum- stances render the oopyright invalid. Quotes a Decialon. \Copyright in analogy to patent, is to reward originality and Inventive genius, and to encourage it to upt out Its production for public enjoy- ment and benefits, which otherwise the author -proprietor might with- hold, having right and power to do so, for his exclusive use and pleasure. If, however, the production is intend- ed for er bound to be given free and unrestricted exhibition—to attract the public to come and enjoy without price—and if it is so displayed, there is publication of the thing and dedi- cation to the public, again, in anal- ogy to patente, defeating copyright. For this display inevitably exposee the production to copy and so is in- . consistent with claim to copyright and the latter cannot be preserved by any notibe to the contrary hung up on the exhibit. This accords with the spirit of the law and is suggested by Tobacco company versus Werk- meister, gcrix. S. 300. \ \That is this case: Plaintiffs built the structure for public free exhibi- tion and were bound to yield it to such. They could not Withhold it. This elk conld n'o a more be copyright- ed than 1.117dt* 'Enlightening the How Harlow Built' Railroad on \Jawbone\ Construction of Line From Helena to Lewistown With Practically No Cash in Black Financial Days of the Nineties One of Montana's Industrial . Rrances. One of the industrial romances of Montana was the building of the pld. Montana Railroad company's 1-in6 from Helena to Lewistown by Richard A. Harlow and associates, in those black days of -the •'90's, -when' there was no money for in- vestment in the country. This rail- road, now part of the Milwaukee's fine ,system, was built on \jaw- bone,' even the men on construc- tion being paid off in scrip that was not negotiable at the time, and receiving only tobaccO, proVisions and clothing. The paper was all taken care of later, but the manner of financing the construction of the line gave it the name of the \Jaw- bone\ railroad, by Which it was knoWu all through the west. To- day few people appreciate the or- deal that Mr. Harlow and his as- sociates went through in this ven- ture, which successfully carried through at last, opened up the rich Judith Basin and made a city out of Lewistown. Richard A. Harlow came to Mon- tana in 1886 on account of his poor health. While recuperating he con- ceived the idea of building a railroad from Helena to the Castle mining district. Large deposits -of low grade silver - lead ore had been discovered in the Castle mountains. During the years 1888 to 1890, 2,000 men got the mail at the Castle postoffice. Fifteen steam hoists and two small smelters were operating. -The idea of building the railroad was to get the ore to the Helena Ithielfer. - Mr. Harlow succeeded in • getting money enough to locate a line and begin work on construction in a small was at the Helena end in the early 90's. This line ran \ via Canyon Ferry., White's Pass and White Sul- phur Springs. While the initial wore was under way the Northern Pacific railway be- came interested and offered induce- ments t,o eonnect the proposed' line with its line at the mouth of Sixteen Mile creek (now Lombard, named after the chief engineer of the new line), whereupon the work under way was abandoned, a new company (the Montana Railroad company) was organized and a new line was *surveyed from Lombard to Castle up Sixteen Mile Creek. No Money in Montana. The years 1895-6 marked the low point in the depression that followed the panic of 189:s. There was no money in Montana. It was difficult at tintes to cash a New York draft and eastern capitalists could not be induced to buy the stock or bonds of a new railroad at any price nor lend money on any such securities. But something had to be done, and as usual • in such cases, something was done. There was a pile of ore containing 7,000 tons at the Cumberland mine in Castle. This ore was valueless where is lay, but at,a smelter it was worth $150,000. An agreement was made with the owners of thiti ore by which it wae to be even to the railroad company on the completion of its road in ex- change for an equal number of bonds and another agreement was made with the Helena emelter by which the railroad company was to get $150,000 in cash on delivery of the ore. By this arrangement $150,000 be- came available after the completion 'of '66 miles of railway. — But how build a railway with t'he small -amount of. money that Mr. Harlow and his one associate at that time, J. P. Whitney of Philadelphia, could provide? Done on \Jawbone.\ The means adopted to that end gave the road the name that it has al- • Richard A. Harlow. ways been known by, \The Jaw- bone.\ Contractors and men were induced to accppt * *scrip secured by the company's ,bond for their es- timates wages — the company agree--, ing to furnish provisions and clothing. This arrangement was possible then because of the great economic depression. The talk that was necessary to bring this about was the \jawbbne.\ \COW ND A ATTIE ON THE KOTCHEN\ SAOD MOON, FAN Territory of Montana, Colinty of Lewis and (lark) In Justice Court. before William P. Burcher, Justice of the Peace, and for the -County of Lewis and Clark, and Territory of Montana. John E. Howard and) Plaintiffs, Emma Howard VA, General John Gibbon ) Defendant. The above is a transeriiit from an old record found at SUn River, which tells how General John Gibbon, the famous Indian fighter, won a blood- less battle by recourse to the law, and gives a glimpse of the problem of domestic hired help on the fron- tier, whieh appears to have been as pressing then as it is today. Inci- dentally this old record describes how the _doughty Gibbon dreaded do- mestic discord, and how this case caused him to remark that he \didn't mind fighting savages, but confound a battle in the kitchen.\ According to the musty record i3f Justice of the Weace Burcher, it was one hot day in August, 1874, that John E. Howard and his wife, Emma, entered the log cabin that served for a justice court at the town of Sun River, and, in the language and spell- ing of Judge Burcher, made com- plaint as follows: ' The Complaint. \John E. Howard and Emma L. Howard, his wife, they being first duly sworn deposes and says that we are the plaintiffs in the above Enti- tled action and that said defendant, General John Gibbon is indepted to us respectively tbe sum of Sixty-sight dolers and 33 cence ($68.33) for ser- vis rendered to the defendant as Cook and Chamber Maid such survis commenct June 16th, A. D. 1874 and ended July 27, A: D. 1874 being one month and 11 days at fifty dolers pr month. And fother the plaintiffs says that they was Respectively im- phiyed by the defendant at or near the city of Philadelphia Pa. on the 16th day of June 1874 and was to serve them the defendant and wife for the sum of 60 dolers per month from the above -named date and fur- nished Bord and Lodgin and traits- portation to Fort Shaw, Montana ter- ritory. But was discharged on the 27 of July at Montana territory by the defendant and refused . to pay for survis rendred, and futher - More one Bill of Ladin for one box of goods and one trunk beloming to us plaint- iffs in thhi, action, shiped in our one name but in care of General John Gibbon. Said box of goods and one trunk or Bil of Min for the same is onlafferly with hell from us plaint- iffs, Said box of good is our personal property and we do Pray and Ask Justice at the hands of thei cort in given us our Pay for survis rendered and our goods and futher more the plaintiffs saith not.\ Subscribed and sworn to beforelne this 31 day of August A. D. 1874 EMMA J. HOWARD WILLIAM P. BURCHER, Justice of the Peace. Summons was issued for the . ap- pearance of the defendant on the 5th of September, on which date the hearing was held. The record continues: General Gibbon as Lawyer. \the our of court tieing cauld on the fift of September 1874 at 10 S ORMAN WIER ss. World, or the Dewey arch, or the Waahington. monument, and , tie one will seriously claim these latter could MC' \'Decree for defendahts.\ o'clock A. K t _plaintiffs and •defend - I ant being pfesent, proceeded to tots- ! ness reding of complaint there being I no caul for a jury. Plaintiffs being Isworin by request of defendant that plaintiffs and witnesses be examoned in the absence of other witnesses re- quest granted John Howard could . first to. the stand.\ ! General Gibbon questioned How- ard and his wife and the record of their answers shows that they an- swered an advertisement in a Phila- delphia newspaper or a man and his wie to accompany General and Mrs. Gibbon to the far west. In the words of the woman, as transcribed by Judge Burcher: \Last May I seen an advertisement for a man and wife so I come to town in a few days and went and saw Mrs. Gibbon. Site liked me and i liked her and I asked what wages the gen- eral expected to pay. She said forty dolers to a colored man and wife, but as we were white we would get more, in the meantime given me a (Continued on Farm Page) • „The line was finished to Castle in 1897/., That year and 1898 marked a low record in the prices of silver and lead and the Castle mines promptly closed down. The new company found itself without any traffic and heavy maintenance and operating ey- penses to pay and, in the face of al- most impossible conditions, it was forced to extend its line to Martins - dale in 1899 and to Harlowton in 1900-1. These extensions were built und,er the most trying circumstances. In the meantime Mr. Whitney had withdrawn and had taken bonds for his interest. Mr. Synnott who had helped the company weather some of its storms, had done likewiae, and Mr. Henry D.. Moqre of Philadelphia had beome interested. From that time on he and Mr. Harlow were the only stockholders and it was his vmoney alone that built the extension to Lewistown in 1903. Three Washouts. The credit extended by the North- ern Pacific for second-hand rails and equipment was thd only help that the company got from the outside. The road once well started toward the Ju- dith Basin built itself. It was like a mine that begins at the grass roots. The country into which ft was built needed but a touch to make it bloom. During the first three years of op- eration the road was washed out three times. Twice^ it was snow- bound for five months. There were no receipts then and money had to be found to pay expenses. There was not a plow furrow on a bench In Fergus county when the line was built into the Judith Basin. The priees fixed for right of way by the company ankl which were consid- ered liberal and were accepted by the landowners without protest v.Tre $20 per acre for the'level bottom lands; $10 per acre the first bench and $6 for the second bench. The first min elevator was built at Moore. Duringn the first year it bought 31,000 bushels of wheat (in about 1906), and had little or no competition. Thrse or four yeat la- ter, with 25 elevators in the Basin, it bought 800,000 bushels of wheat. In 1915 ten million bushels of wheat were shipped out of 'Fergus county. In 1904, 2,500,000 pounds of wool were shipped from Lewistown. The lands that the sheep ran over from which this wool was clipped are now wheat fields. Today Mr. Harlow has his - home near Moore where he has one of the finest stock' ranches in Montana and raises pure-bred Herefords: He has other large interests in the Judith Basin, and is one of the big, con- , structive business men of the Treats- ! ure state. WHEN FLOODS COST MOKTMA FAIIILLOONS; HI1GH WATER [IS 'THREATENED THDS YEAH S' Missouri River on Rampage at Great Falls in 1008. Black Eagle Falls Covered Solid Mass of Water, and Suspension Bridge Being Carried Away. The- highest water in Montana streams for - the past nine years is ex- pected this summer by W. A. Lamb, district engineer of the United States geological survey, who states that re- ports from the various government gauges, placed about the state, al- ready show high water markings. This is due to the heavy snows of the past winter and the snow melting period to date. Warm weather will mean unusually high water in all of the streams of the state. The gov- ernment guages, placed at various places, slew abnormal conditions which are bound to became worse. Floods of 1908. The worst floods in the history of Montana were experienced in 1908. when untold milliona of dollars' worth of damage to property was done by the raging waters and scores of lives were lost, but these floods were caused more by the .unprece- dented rainfall of that spring • and 'early summer than by enow in the mountains, and unless there are ,ab- normal reinfalle over the state within the next . 30 days there is little danger of any repetitiok of the disaster of z that year. Early in June, 1908, by the over- flowing of practically every river and creek in the state, railroad traffic all over Montana was paralyzed and it took weeks -to restore oonditions to anything like normal. The Milwau- kee railroad suffered a loss of be- ' tWeen $1,000,000, and $2,000,000, , and the Great Northern also sus- tained enormous losses, miles of !track and grades being washed out on the main line and branches. The Butte division, in particular, was ter- ribly damaged by the overflowing of the Missouri, and practically the' whole of the Milk river, Sun river . and other northern and central Mon- tana valleys were under water. Smelter Is Damaged. The smelter at Great Falls was badly damaged by torrents of water that broke down the retaining wand of the head race leading to the pow- er plant and all of the lower work- ings of the big plant were sub- merged. The suspension bridge crossing the Missouri at the smelter was swept away and never rebuilt. There was scarcely a farm in the bottom land of any stream in the state that was not under water. Some of the finest old homes in the *Witte were damaged anti destroyed. The bigger streams carried away_hauses, barns, haystacks'and livestock. Trav- elers in the northern part of the state saw farm machinery in the tops of trees. The loss from that deluge was never computed -in dollars and cents, but it ran into the millions. Floods of 1801. Pioneers of Montana recall bad which probably held the record until 1908. John Harris of Fort Benton was in the Milk Itiver valley at the time. He tells of a freighter of the name of Dupont, who went to Fort Peck to receive a shipment of mer- chandise brought to that point by steamboat. While freighting it to Fort Benton he was caught in a terri- fic snowstorm. Tills was late in the winter, and the snow got ao deep that he had to spend several weeks in a big bend of Milk River, Where there was also a camp of Indians. Warned by their knowledge of na- ture, the Indians, at the first •dgns of spring, moved to high ground and advised Dupont to pull his freight outfit to the hills, but he concluded to take his chances with a possible flood. The trouble came with the break- ing up of Milk river, the water Ho- lz to a height of 20 feet, overturn - 1 his wagons and compelling his men to take shelter in the trees. The high water continued several days, and during_ that time seven of his men were so wealsened by the cold, hunger and exposure that they dropped into the flood and were drowned. The others were rescued by the Indians, who made a canoe from the trunk of a tree and came to their rescue One of the survivore was Joe Bowers, a well known char - floods and swollen streams in . 1867, acter at Bentofi for years after. muRDERERs , TWO Aged Will Will Be Boys In two the Both know ending. determined know. his her fight that boy, although vain she that The Fisher those were ing when bing winter. They preme Butte likelihood O'Neill \Dearest \Well to city, ' perous. able here expect navy. any a hard maybe Give will from good I expect Inlay promise a ship The practically The mothers SPARES - GALLOWS men gallows aged that his and for viill her a get but to write names MEN THEY Mothers, Spared the nothing for two and are convicted man, Fisher another -have court officials a tomorrow to I money time my my 'Frisco.. to write as letter Wait Never Died Silver who have The Each mother he his mother that she a letter be boy not of wrote: Mother— I job everything Somehow, land enlist haven't love him write to as soon are MOTHERS LIE Their They That to a knowledge interfered ivere night there one. able to am meet. tell a do tomorrow. but Fisher the DIE Sess. That Their jail die shameful have shall letter telling navy hopes of years, wait come, as Frank although They and the but is as be pros- leaving where States to I've soon. him few you because I can't on boar, aboVe. men's , , . ON WM are on who to to her in kill- rob- 1 st su- the no yet ugly been I send had But I days any / is DOOMED TO WRITE FARgNTS HAVE ENLISTED. for Felons' June that has has in spared died men John Sullivan, appealed for their haven't in a lately to luck to be from I expect \Lovingly a duplicate of kept Proud of Later Letters Come, But Knowledge Deaths. Bow county are doomed 297\ mothers living, of their sons' two murderers theY never written in the east, joined the country. Each 'will be proud her declining will watt and that will never the on the gallows. are known O'Neill, their names. of shooting who and O'Neill citizen one to a new trial, feel that getting been Butte. It's,an seems I haven't job so I for 'Frisco in the United bee7 able be ause make ends will change to Pop and a.letter in It. won't me in Butte, out of here 'Frisco, to get as possible. JACKIE.\ written by of the condemned a secret. ELK RUN HEREFORDS YOUNG BULLS FOR SALE PROM THE FAMOUS VELIE HEREFORD HERD. If you need a young bull to head your bard or for range purposes, write tor in- formation to ELK RUN RANCH DUNCAN MeDONALD, Mgr., HIghwood, Montana. Or to Shirley S. Ford, Great Falls, MonL CHOICE LOT OF * Angus 1 and 2 Year Old Bulls Halter Broke. Quiet to Handle. I Prices on Application. O. 13. Power, Helena; John Evans, Cascade. Can be seen at N. H. Ranch, 7 miles from I Cascade. SON RIVER STOCK & LAND COMPANY. HEREFORD HEIFERS or any kind of RANGE CATTLE FOR SALE We are making a specialty of supplying o n u E r 1 p E s it t Ir . e rz s w o I t o h e ii 1 I 0 E n R t E l i t e 0 R t o D re l i t ) oo N ty ble parties that can furnish satisfactory statement. Write for any information which will btivgladly furnished. • KING CATTLE COMPANY, Main, Office and Headquarters: South St. Paul. Minn. WHY PAY MORE THAN 60c PER ACRE FOR YOUR HAIL INSURANCE? This Company wrote a larger line of HAIL INSURANCE last year than any other Company operating in Montana. We wrote over 82.000.- 000 tor more than • 2,000 farmers They are Initialed. WHY PAY MORE?. Write for full information. MONTANA EQUITY MUTUAL HAIL & FIRE INSURANCE COMPANY 27-28-29-30-31 Tod Block. (MEAT FALLS MONTANA. _ •••••••••••••••••••••••••• TIIE BIG LOAN 'The largest farm stitution In the Banking Corporation. Montana. This agencies all over agficultural diatricts. loans to farmers and on favorable cloAmi promptly—unlimited available. See their local the Hank direct fees or coifillitssions FARM BANK . loan banking in- northwest la The at Helena, institution has local Montana. In all the Thgy make at reasonable rates terms. Loans money agent, or write to for information. No are charged. — - --- ____ Service and . geographl eituated better country than city state. tional to Strength Great service any within The First Is Montana render Your patronage • 18 SC Falb; to the B' Montana. cally give banks other the Na- big- and prompt kit.... is to is gest fully *efficient Is FIRST Great . '' i t j .. p. _ • hank equipped solicited. 7ealla , in north service. NATIONAL • Established •
