The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1881-06-10
xroHr or war.

As stated last week, application wa. made
To Judge Galbraith by Mr.. Shaw, flight Of
Way Agent for the Northern Pacif & Railroad
Company, for the appointment FL commits
sion to appraise the value Of lands on the
first twenty miles of Hellg ate work held
under U. 3. title ante-datir q The filing Of the
location Of the road In the Helena Land Of
dee. The corIt appoi nted Conrad Kohn,
Robert s. Kelley and Thomas III. Irvine,
ST., as such commits ,ioners and notice WIS
about to be served on the parties interested,
when the procee dings were interrupted by
the receipt of letter from President Bill
iipgs referriu,s to decision Of the Supreme
Court in ar abroad case which held that the
right of Y. ay was conveyed TO the company
In the c,narter, and all titles acquired subse-
quen.ly were subject to that reservation.
This communication, submitted through
FOL. Dodge, temporarily suspended proceed
incs by the commissioners and aren't. Judge
Knowles, attorney for the company, teie-
r.aphed Wednesday to Mr.. Gray, the Com
pany's attorney al New York, for explicit
instructions as to the purposes OF the direct
ory, and pending reply all proceedings re-
main In stdtu quo.
II Is presumed the rights Of a company are
defined by its charter. The Supreme Court
decision referred to may have been In rela-
ton " a road having The same charter rights
as the Northern Pacific, or IL may not. un-
III that Is known it cannot be assumed TO be
an analogous case. Even Ii Il Is so, the
question Is open, 50 far n is yet knowh' As
| TO whether IL reaches the extent OF giving
the company riynt of way w.shout compen-
sation. Right of way may be conferred by
the general government on Terrific v, 10
establish highways, but 1t is general ght
conveyed TO the Territory and not affecting
any particular land until the highway In es-
tablished on it. The same may be the ase
Ia this railroad concession, and ia that event
the settlers locating prior to the location OF
! the Dad would have prior right and, we
believe, be entitled to compensation Tor the
lands possessed. The letter of President
Billings reaches far eaough 20 hold ma"vers
In allegiance and suspend action by the OIL
GERS here If he goes 10 the extent OF claim
Ing the right to take title-lands without COM
uensalion, IL is q new revela ion aud will ell
tirely dispense with the services OF the right
Of way agent, who has had large experience
| m this business and who was sent here for
The sole purpose of purchasing such lands'
| IL has been the intent of Colonel bod &c and
Mr.. Shaw to not oaly purchase the lands
needed, but to be liberal In their negotia-
tiens and i'm the sums allowed for damages
to premises or crops, and in requiring only
the minimum width of way where 1t was OF
value to the owners. ..ss
Ii seems more than probable the interpre-
tation of the law by the company will be In
harmony with the proceedings already had,
and thai the commissioners, who are as good
as could have been selected in the county
will be directed to proceed as at first contem-
plated. But this right of way business un-
der land grant TO railroad company, opeas
up new questions to Montana right in our
locality, and conclusions hastily arrived al
may have to be reversed. 1t would certain.
| ly be better for the company to encourage
good will toward the enterprise by liberia
policy than TO engender ill-will by course
of technical exaction. The representatives
of the company here have desired and un'
defstood the former course would be pursued
and we think a few days will demonstrate
| that II the policy of the company.