Copy of a Letter from Thomas H. Carter to H. C. Payne
This item includes correspondence regarding the illegal construction of an irrigation ditch near Bitter Root River in Montana. Also included is a letter from H. C. Payne to the President, as well as a Memorandum for the Attorney General.
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MEMORANDUM FOR THE ATTORNEY-GENERAL -
On October 4, 1901, application was made to the Secretary
of the Interior by the Canyon Creek Reservoir Company for per-
mission to construct three reservoirs on Canyon Creek, within
the Bitter Root Forest Reserve, Montana.
On November 7, 1901, the Company was informed by the In-
terior Department that application must be made in accordance
with the regulations.
It seems that, in the meantime, pending action on its ap-
plication, said Company proceeded to the work of constructing
the reservoirs, and at the time that the matter was called to
the attention of the Department of Justice by the Interior De-
partment (Nov. 13, 1901) at least one reservoir had been com-
pleted - this without the necessary permit having been obtained
from the Secretary of the Interior.
On November 13, 1901, the Secretary of the Interior referred
the matter to the Department of Justice with the request that,
"in view of the deliberate character of said company's ac-
tion and of the precedent which would be set by a failure to
take cognizance of its action in this matter, *
proper
steps be taken to enjoin the company from the use and occupa-
tion of this reservoir site until its application for right of
way has been filed and approved, and the matter otherwise satis-
factorily adjusted. "
Under directions to the U. S. Attorney for the District of
Montana, dated November 20, 1901, that officer, on December 5,
1901, filed a petition in the U. S. District Court for Montana
to enjoin said Company from the use and occupation of the reser-
voir constructed by them.
On March 3, 1902, a decree was entered in favor of the Gov-
ernment according to the prayer of its bill.
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