Reproduced at the National Archives ~~<:;eattle. DEPARTMENT OF JUSTICE UNITED STATES ATTORNEY FOR MONTANA Billings. Montana October 29. 1948 Mr. C. G. Kegel. Deputy U. S. Distri ct Court Federal Bui lding Great Falls. Montana Re: U. s. ~~ L. Va!LCleve....._~ a1- Dear Keg: Enclosed please find original complaint and two copi es'lt.ner-eor , Please file the origina 1 complaint and issue summons, and advi se us of the date of filing and the number assigned. You will also find enclosed an or-tgdna L and two copies of a notice of application for preliminary in- I junction which should be delivered to the Marshal, asking the Marshal to serve the original summons and the original notice upon each of the defendants by delivering to them, and each of them, a copy of the summons, complaint and order. The post o1'fice address of the defendants is Melville, Montana, but I believe that they are still residing upon the Van Cleve ranch situated in the Big Timber Canyon some thirty miles north of Big Timber, Montana. Service upon the defendant corporation may be made by service upon Helen P. Van Cleve, Who is the major stockholder of said corporation and the wife of the defendant Paul L. Van Cleve, Jr. I or service may be made upon the defendant corporation by s er vLng Paul L. Van Cleve I Jr., who is the active business manager of the defendant corporation • .This is an action to obtain a declaratory judg- ment to establish the existence of a public road and trail through and upon the lands owned by the defendants. .Reproduced at the Nationa' Archives a: ~eattle, Mr. C. G. Kegel, Deputy October 29, 1948 Page 2 It is probable that The Great Falls Tribune would be interested in the :filing of this complaint for the reason that the' defendant is the presi dent of the Dude Ranchers Association, and for the further reason that all Rod and GunClubs in Montana are parti cularly interested in the filing of this action because of the inabili ty of vacationers and sportsmen to use the road and highway as a means of access to public recreational areas constructed by the Forest Service and as a means of access to fishing and hunting areas in the Crazy Mountains north of Big Timber. Weare also advised that there are other land owners in Montana whoare contemplating the same action as this defendant if he is sucqessful in appropriating the road and trail, This of fice is indebted to the cooperative efforts of Senator James E. Murray and John W. Bonner in fur- nishing us with the in:formation and assistance necessary in order to properly present this JlIa. tter to the court. Sincerely yours, FRANKLIN A. LAMB Assistant U. S. Attorney FAL:nm Enclosures 0 1;---- - \ I N IN THEDISTRICT COURTOJ!'THE UNITEDSTATES IN ANDFOR THEDISTRICT OF MONTANA FILED BILUNGS DIVISION rn OCT 301948 UNITEDSTATESOFAMERICA, H. Plaintiff, ---------COMPLAINT v. PAULL. VilN CLEVE,JR.; and THEVJl.l"J CLl!."'VECOMPANY,INC., a Corporation., Defendant s , COlVIESNOWthe Uni ted states of .America, by and through John B. T~nsil,~.as Uni ted States Attorney, and Franklin A. Lamb, as Assistant United States Attorney, in and for the ..District of Montana,and for its cause of action, complains and alleges: I This is an- action brought by the United States of America pursuant to the provisions of Rule 57, Federal Rules of Civil pro- cedure and Title 28, Section 2201, U.S.C.A., for and on behalf of the general pubLio of the United states and officers and employees of the United States of America because there is an actual contro- versy now exd sti.ng in respect of which the plaintiff needs a declaration of rights by this Court. II That The Van Cleve Company, Lnc , , is a corporation duly organized and authorized to do business under the laws of the state of Montana, with its principal place of business at Melville, Montana. III That for more than fifty (50) years there has been and now is a publie road or highway and trail known as the Big Timber Canyon or Big Timber Creek road and trail extending across the eastern boundary of the Gallatin National Forest on the east line of the e \ I Northeast Quarter of the Northeast ~arter (NEiNE!) of Section Twelve (12), Township Three North (3N) Range Twelve East (12E) and continuing in 'a westerly direction across the North line of the Northeast Quarter of the Nor t heasrt Q.uarter (NEiNE!) of said Section Twelve (12) and e xt end ing through and across Sections One (1), Two (2), Three (3), Four (4), Five (5) and Six (6) all in Township Three North (3N), Range Twelve East (12E) in Sweet Grass County, Montana, and crossing the Park and Sweet Grass County line and then extending in a north and westerly general direction to a point near the center of Township Four North (4N), Range Eleven East (lIE) in Park County, Montana, where it joins the Sweet Grass Creek Trail. IV That the defendants own lands in Sections One (1), Two (2), Three (3)' and Five (5), in Township Three North (3N), Range Twelve East (12E) in Sweet Grass County, Mont.ana-, over which said pu bLi c road or highway and trail was, at all times herein mentioned and now is, situated, all within the District of Montana and wi thin the jurisdiction of this Court. V That since the year 1940, "t.he defendants have.attempted to interfere and have interferred with the usage of said road or highway arid trail by the officers and employees of the Forest Service of the Department of Agriculture, a Department 'of the Uni ted States of America, in the performance of their official duties as such officers and employees in the administration and protection of the Gallatin National Forest. VI That since the year 1940, the defendants 'have attempted to interfere, restrain, bar and prohibit and have interferred, re- strained, barred and prohibited members of the general public from the free and unimpeded usage of said publ i o road or highway and trail as. a means of access to recreational areas and camp ground parks and facilities provi ded by the Forest Service of the United -2- \ ",- ~ V''" States and the general usage and enjoyment of that portion of the Gallatin National Forest. VII That the defendants have maintained and do now maintain locked gates across said public road or highway and trail and have maintained and do now maintain signs of various kinds and nature claiming and identifying said public road or highway and trail as a private road and prohibiting any trespassing on the lands to the west of said signs and gates j That the defendants have refused and do now refuse to premit membersof the general public to pass through said locked gates along said public road or highway and trail and have threatened and continue to threaten to restrain and interfere with the f'ree and unimpeded usage thereof by officers and employees of the Forest Service of the United States. VIII That by reason of the conduct and actions of the defendants, an actual controversy exists between the defendants and members'of the general public of the United states and officers and employees of the Forest Service, a Department of the United states of America, concerning the free and unimpeded right of usage of' said road, high- way and trail and concerning the status and character of said public road, highway and trai 1. WHEREFORE,plaintiff prays: 1. That an injunction be issued out of' this court directed to the defendants and their employees, attorneys, agents and those acting in concert with them or any of them, restraining and enjoining each of them during the pendency of this action from maintaining gates, locks or chains interferring or tending to interfere or impede the free usage of- the road, highway or trail or the gates situated thereon by members of the general public or off'icers or employees of the ]'orest service of the Pnited States of -3- '" ." \ / America, and from maintaining signs of any character importing to convey the meaning or impression that said road is a private road or that travel thereon or usage thereof is in any manner prohibited· or restricted. 2. That judg'ment be entered herein declaring said road or highway and trail to be a public road, highway and trai 1 and as such is a right-of-way upon, over and across the lands owned or controlled by the defendants, and that the defendants, upon the final determination of this action, be permanently restrained and enjoined from doing any act or thing tending to interfere in any manner with the free and unimpeded usage of said road, highway or trail by members of the general public or officers and employees of the Government of the Uni ted states of America. 3. That plaintiff have judgment for its costs of suit and for such other and further relief as may be just and proper. JuflN B. TANSIL :Attorney0ftheUnited States-;iii and for the District of "Montana. ',,' ,'" ~.dr '" _..I. ...I"'.. J'.' u~d~ ASSl tantAttorneyoftfiS-uni ted states, in and for the District of Montana. -4- \ D. C. l!'orDl No, 1..':i HUll. /' SUMMONS IN A CIVIL ACTION ~ iii (J'• 1ilinfrid QI:ourt of flIt lluifrb ~fa:ttg FOR THE .• _.... .. DISTRICT OF _ Mon~l'l:!1a_:_._.__ __B.U.lj"DEfL. DIVISION / • CIVIL ACTION FILE No.