Shelby and Havre are stops in the high barren plains of Montana along the Hi-Line segment of the Empire Builder railroad. There are one hundred miles and a lot of failure between the two. Canada is just thirty miles north. One train heads west from Chicago every day at 7:05 a.m. Its cohort heads east every day from Portland at 4:45 p.m. Where do the east and westbound trains meet? You might think to make it a math question. Please don’t. Oh this tale has a train wreck, but of a second kind.
Memorial Day weekend last year I wandered away from Indiana and auto racing spectators to spend thirty-four hours on the sixty mile per hour west bound Empire Builder to debark at Glacier National Park so I might bike up and down Going-To-The-Sun Road. On a train you see the other side of the tracks. You view missteps and misdeeds by taking the back way through town.
Shelby’s 1892 origin traces to where workers for the Great Northern Railroad threw off a boxcar near a gulley and called it a station. By 1922 Shelby, like Speedway, Indiana, was a town of 500, though people not miles. Oil was just discovered nearby. To entice fortune seekers eager to head west, a misguided promotor built a 40,000 seat arena where Jack Dempsey fought Tommy Gibbons for the world heavyweight title. Dempsey took $200,000 in guaranteed money and Gibbons $150,000, all put up by Shelby bankers eager to build a book of business on the promise of oil revenues. Dempsey retained his title after fifteen rounds by a unanimous decision. Only 7,702 fans paid. Another thirteen thousand got in for free once all the ticket sellers and security abandoned their posts to get good seats for the fight. It was a financial disaster. The arena was rebranded as the 'largest in the world' Shelby Stampede rodeo. That failed too. Four Shelby banks went bankrupt and the town's dreams of prosperity with them.
The protagonist of this story, whom you will soon meet, once owned the Oil Can Saloon in Shelby. It’s named not after the oil fizzle, but a 1960’s era gas station repurposed as that bar. It’s now closed. Jay Flynn did point out his Oil Can to all aboard during our stop in Shelby, though no one paid attention. By then he had run out of currency. Again, of a second kind.
Traveling in either direction, there is lots to do on an Empire Builder journey. It’s a two level cultural experience with fancy and plain dining, several observation cars, as well as other nooks to explore. Throughout, all the passengers mingle and feast on scenery – meandering out of Great Lake cities and suburbs, through long ribbons of the Mississippi and Missouri Rivers, across endless vistas of large scale agriculture in the high plains, and then for me, the majestic climax of arriving at the Crown of the Continent – Glacier National Park.
Except Jay Flynn. He never moved from his seat across the aisle from me the entire trip. I first took note of Jay was as he chased off a twenty-something assigned the seat next him. In hindsight that guy was lucky. The rouse Jay used, “I have a vitamin B3 deficiency. It makes me irritable. You might not want to sit here.” A good part of the time Jay took notes on a legal pad. From time to time he would search about a canvas rucksack for food and water. Discarded food wrappers and plastic bottles mounded around him.
Jay is from Havre. Two millennia ago indigenous Americans drove bison over the edge of the Wahkpa Chu'gn cliffs, preserved the meat, and fashioned the hides into robes. Nowadays those cliffs are just behind the Holiday Village Shopping Center on the outskirts of Havre.
Shorty Young did not have squat when he arrived in Havre in 1894. Shorty built an enduring empire of gambling and prostitution, said to rival that of Al Capone, despite a 1904 fire lit by a couple of drunks intent on burning down one of Shorty’s bars from which they’d been booted. The Chinook winds took hold and burned four blocks of Havre and sixty businesses to the ground. Well almost. The hardwood floors survived as did the basements below. So, the opium dens, laundromats, dentists, bordellos, drug stores, and salons moved underground. This cover was ideal for smuggling alcohol in from Canada during Prohibition. You can tour “Havre Beneath the Streets” today.
Havre also is home to Fort Assinniboine. In 1895, just after Shorty tumble-weeded in, John 'Blackjack' Pershing, six star commander of all American Expeditionary Forces in Europe during World War One, was mustered to Havre and placed in command of the Black 10th Cavalry troops - the famed Buffalo Soldiers. Winters and attitudes in the high plains of Montana were harsh for these southern inductees. They soldiered on.
Three years before I sat near him on a train, in his only Tweet ever, Kenneth 'Jay' Flynn proclaimed: “I am a forth (sic) generation Montana Farmer. My great great grandfather fought in the revolutionary war Chauncey Marcelus, French. Youngest realtor at 18.” A month later Flynn v. Koepke was decided by the United States District Court for the District of Montana, Missoula Division. In that action Jay proceeded pro se against nine defendants consisting of attorneys, prosecutors, assistant attorney generals, and judges. Missoula is some three hundred miles southwest of Havre. Without home court advantage he took on those with credentials.
You see, Jay owned Sherlock Storage there and Sherlock Storage owned mineraled land in the Rocky Mountains. Or to be specific, once owned mountain minerals. He wanted it back. And, in the proceedings Jay claimed to be disadvantaged, noting head injuries and concussions from car accidents and a ‘boots to my head' assault wherein he lost his memory for sixty days. That 'assault' was actually Jay's arrest for assault and firearms possession. The prosecution of Jay for that assault was later dismissed by Prosecutor Kirsten Papst. Feeling railroaded, Jay named Prosecutor Papst and other legal luminaries as defendants on coupled rickety boxcars of claims. It don't cost much to file a lawsuit. Maybe One Hundred Dollars payable to the Clerk of the Court in Missoula. Feelings aside, winning is another matter.
Hope I haven’t lost you. Let’s uncouple this. Becoming 'disadvantaged' by the car accidents and the 'boots on the neck' arrest, a Missoula attorney was appointed as Jay's guardian. So in the District Court proceeding, Flynn took aim not only at Prosecutor Papst but also his guardian. Flynn alleged that his guardian hid a Sherlock Storage warranty deed that included valuable mineral rights and replaced it with a void mineral deed, withheld mineral rights settlement funds from Flynn, and then as trustee of a trust that lent money to Sherlock Storage improperly foreclosed on the Sherlock Storage mineral land. Spiteful over a chronicle of uncertainties, the District Court case was dismissed. Clickety-clack, don't come back.
Are lessons learned from missteps? A dozen years prior, Prosecutor Pabst’s otherwise happy preteen son mimicked a YouTube choking game video. He attached his belt attached to a rod in the closet of his bedroom and hung himself. Overwhelmed, she resigned as a deputy prosecutor in the Missoula County Attorney’s Office to enter private law practice with a defense attorney. They took on the high profile case of a former University of Montana quarterback investigated by the University for the rape of a student, then charged, and prosecuted criminally.
In the criminal trial, the Quarterback’s father testified calmly under both direct and cross-examination. The Quarterback “began to cry when his father, Martin – a math teacher and football coach at Sheldon High School in Eugene, Ore. – took the stand. He wiped his eyes with a tissue, then put his head down on his arms as his father praised him.” “I can say with my right hand to God I haven’t been around a more honest young man than Jordan,” said the father, adding he felt lucky to have him as a son. Since finding out a year ago that his son had been accused of rape, he’s awoken each day feeling “suffocated.”
The Missoula County Attorney’s Office lost its criminal case against the quarterback. Civil claims against UM, the Montana University System, the UM President, the UM Dean of Students, and UM legal counsel were settled for a Quarter Million Dollars. Pabst then ran for Missoula County Attorney and won promising to be tougher on rape. She has served three terms.
Our protagonist Jay, on the other hand, never learned to boiler up. On the train he talked loudly and obliviously on his cell phone. Somehow, simultaneously, he had been evicted from apartments in Washington, D.C. and Whitefish, Montana. I was also headed to Whitefish. It is the western gate to Glacier National Park. Apartments are not cheap in either venue. Turns out he boarded a train at Union Station in Washington, D.C. just after that eviction hearing. So he had been on trains twice as long as I. As is the law, his Whitefish landlord had taken all of his possessions from the apartment to a storage unit, including the keys to his Corvette. He needed the Corvette to get around Whitefish.
Upon payment of back rent Jay could regain his possessions. So every twenty minutes or so, Jay concocted new ways for cash. He called his son. His son was stern and unrelenting in saying no. He called his mom. She was happy to hear from him after such a long time, but too said ‘no’ as she must often also have said in the past. He sorted through various credit cards and made calls to claim instant increases in his credit line. Again, refused. He called the Whitefish Police Department and spun a criminal conspiracy against the ‘dangerous’ landlord. The police department knew Jay and classified it properly as a civil matter in which it would not assist. They advised him to stay away from the property. He called the Corvette dealership saying he wanted the VIN number as he wanted to trade his car and that he needed the VIN number for a spare fob. The dealer knew him and reminded him of numerous unpaid service bills. Again refused.
Intermingled were several calls trying to set up a doctor’s appointment. I am not sure why. In the thirty hours I had been near him I saw him whither. Age comes without warning. Then it becomes a fulltime job.
The Empire Builder rose through forested mountains as it snaked along the Flathead River toward the Crown of the Continent. I had a rental car waiting at the historic train depot. It is the oldest Hertz rental location. I gave some thought to introducing myself to Jay. Offer him a ride. An entire journey together and we did not speek. The urge passed. My story of him ends here. The world has lost track of him. Maybe he has gone underground.