Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1889-03-02

Theseompauy only hook 1t Tor it's ' use
and Re- r. held by private conveyance. NO
,conrt ever adiadged that the sixa q Hae.
stionsacrea reGuired by the Northern racine
ara-necaeeary for the use o. the montana
Canfral. and no judicial tribunal, knowing
The facts, ever could ave adJudged tnae
this six and Q fraction acres are Necessary
for the Montana Central under les enarteI.
He ouoted many authorities as to the Tax
NO ~ tha lands of one corporation by an
other. showing that they stand in the same
iiaht as the lands OF the individual when
a more necessary use for them - SHOWN
than that to which they have been put 20.
Mr. Kirkpatrick then concluded Win D
Of authorities on the subject Of
the necessity of q prior attempt to settis
before coming into court, which Asnoweu
that an attempt to agree upon terms OF
acquiring lands desired by railroads Is NOV
necessary.
subject, showing that whatever provisions
other states had on the subject OF at
tempted agreement prior to a commence
ment OF proceedings, no such provision ex-
listed in the statutes of Montana. The
Colonel then sketched the history OF rail-
road law in the Territory, and explained
an apparent conflict in the presence oil two
apparently opposite provisions on tne
statute book, which he ascribed TO the IN,
dolsnce or stolidity OF those entrusted
with the codifcation OF tne
law. He explained the three theo.
RES existing on the subject
oil eminent domain in consequence OF the
conflicting statutory provisions. He gave
an interesting historical resume OF the codi-
fication 9of Territorial law. Then he re-
verified to the Montana Central yard room
and described it in sarcastic terms as OF
octopus character, stretehing-eut Its
tsntacles in all directions to prevent any
other road coming in. He referred IN q
casual way to the 'union depot chat" and
grew sarcastically humorous over an in,
junction suit which the Montana Central
once brou hit against the Helena q
Rel Mountain Railroad. The Coloneis
remarks were hardly complimentary to the
manner in which decisions were reached by
the Supreme Court, and caused a hearty
laugh among his auditors in which even the
Judge Joined.
Judge De Wolfe ruled that on proof being
made to him that the and desired in the
complaint Of the Northern Pacific q Mon
Jana Railroad Company was necessary to
the proposed uses he would appoint com
m~issioners.
Chief Engineer Kendrick testifying what
was necessary to the purpose OF the road,
Ii y uuSC VAOLOupOA uCOiAOEA ehNS ~ oNN
appoint commissioners to appraise the
value of the land required. He decided
nothing more than this. He did not pass
upon the question whether the use to which
the Northern Pacific proposed to put part
OF the and of the Montana Central was a
more public one then that protested by the
latter road in desiring to retain it.
An adjournment was then taken until 8
p. m. to allow the attorneys OF both
roads to make up a list of names to
be submitted to the Judge from which to
select the three commissioners, and at
that hour his honor selected the names OF
Chris. Houser, F. e. Sergeant, and A. r..
Barret as the gentlemen to act as a COM
mission to appraise the value of the land
desired by the Northern Pacific & Mon
tana Railroad Company for right OF way
and depot purposes in the corporate limits
Of the city.