Bozeman avant courier. [volume] (Bozeman, Mont.) 1872-1882, 1879-05-15

Horace Countryman and ,the,s, Yeliow
e$nx,

Horace Countryman and ,the,s, YeHow-
stone, NJ. r.:
GENTLEMEN--ln reply to your letter of
enquiry. state that no action would seem
necessary. in view OF the extracts append
ed from an opinion pnlere in the pre-
misses by the present Acknowledgement.
Devens. and which has been officially com
mnnicated for the guidance of the military
authorities Of this Department. extract
the rulings us follows:
''DEPARTMENT OF JUSTICE.
WASHINGTON. ID. C.. Aug. ?. 1873. 7
Hon. Geo. W. McCray. .Sec'y Of Var:
SIR Your letter of June 18th presents
the question whether the United States are
legally Liable fortolls for passage Of troops.
animals and supplies over the bridges.
roads and ferries of corporations chartered
by the Legislature Of Montana. especially
where they are established upon the public
lands OF the Cnie'l States. \ \ Bv
act of Congress of March ,. 1857. the Ter
ritorial Legislatures are prohibited grant
inc private charters or special privileges.
but they may by general incorporation ats
permit persons to :issociate ms bodies cor
porlte for mining. manufacturing and
other industrial pursuits. No
narro'c construction is to be qicen to Mc 4
,cords industrial putsqits.' \ corporation
formed !ort!le purpose of huiling Il bridge
or maintaining road or ferry may prop
erly be included In rerarl to
the right OF States to authorize roads or
bridges through the lands of the United .
States. it was held Ly Mr.. Justice MrLean.
that every State might by virtue of it's
powers as such. make public roads through
United States lands held by the United
States as its property and as a part Of the
public domain. and not for forts. reserves,
&c. The prOprietorsliip OF lands
within the limits Of a State by the United
States does not enlarge its sovereignty or
restrict that OF the State. The
rights OF a Territory in regard to its pub
lie lands cannot be regarded as so eXten-
sive-a Territory is not properly sovereign
But a Territory has the power of legisli- :
ton. subject to control of Congress: and
when acting within the limits fixed bv
Congress. ii acts by the authority OF Con '
grcss. II In granting artcrs to '
the corporations in question. the Territory )
Of Montana must he deemed to have at.ted J
by virtue of its Organic Act: and in giving I
TO these corporations the privilege Of build 5
ny roads or bridges within the p;iblic c
ands il mus! be held to have done so by q
of Congress which could at any II
inle have repealed such statutes because
,f conflict with that act or because not in S
cir nature satisfactory to Congress. ?
Such being the legislation under L
which these acts were granted and this au- Il
hOrity given these roads TO pass over the o
public lands. where the structures which e
hey have made are used by the army there "
no reason why proper compensation u
hould no, be paid the owners. \ II
They should be fairly compen>ated-the z
oils need not necessarily he those set by e
he owners or local authorities. these struc- Il
ures being erected permissiccly. II
''ln reply TO your question. would re-
'ly then. that while tolls, en- non,ine, need 1t
ot be paid to the owners OF roads, ferries n
r bridges built upon United States lands al
iithin the Territory of Montana yet. such "
wners are entitle,i to reasonable compen-
itiOn. when the structures are used by the ~
rmy.'' rt
dl
The extracts given seem to cover your as
1QulrleS. j, " BOGERT M