Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1889-02-27
CONDEMNATION PROCEEDINGS.
The Northern Pacific Petition Discussed
in Chambers Yesterday.

| The Northern Pacific Petition Discussed
in Chambers Yesterday.
In the District Court in chambers yester-
day, before Judge De Wolfe, the proceed.
ings were begun by the Northern Pacific
Railroad looking to condemnation OF the
| right OF way for thai road for its separate
line into Butte. The petition heard yester-
| day involves the condemnation OF prop
erty for depot and track purposes within
| the city limits. The road was represented
by Colonel w. F. Sanders and Mr.. Kirk
patrick; the Montana Central by Colonel
McCutcheon; the city of Butte by City
Attorney Speer, and Messrs. Stapleton.
Knowles, De Witt, Mcbride, Haldorn,
James w. Forbis and scallon were also
present, representing other defendants or
as spectators. There were, besides, several
OF the defendants in person.
Colonel San ders opened the proceedings
by asking for the appointment Of a COM
mission OF three disinterested persons to
appraise the value of the property in ques-
ton. He stated that appraisement did
not necessarily involve purchase.
Colonel McCutcheon objected, SO far as
the Montana Central was concerned, to the
condemnation of any OF the ground that
belonged TO it for the use OF another road,
as being already appropriated for a public
use. He also raised a question of juris-
dictional right, and he filed a demurrer to
the action of the Northern Pacific.
Colonel Sanders wanted the hearing OF
the Montana Central case laid over till to-.
day as he had not been served with a copy,
but asked that in the meanwhile the com
missioners be appointed that appraisement
proceedings might GO on.
Colonel McCutchson asserted that that
should be deferred as the Northern Pacific
would acquire title by the appraisement.
Mr.. Stapleton objected to the appoint
ment OF these commissioners also and in
PRODUCED the subject OF eminent domain,
claiming that the Territorial Legislature
had no power to pass laws that authorized
the condemnation OF private property for
public use.
Judge De Wolfe said he was of the opinion
that the acceptance of such a theory would
obstruct al! progress, and would require
strong proof to be convinced Of it.
Colonel Sanders said that none OF the
defendants except the MOT tana Central
were actually in court, as it alone had
properly answered. The other defendants
have not shown themselves entitled to be
heard. They should come in a Il set forth
that they own q claim, and where two
parties claim the same ground let it be
decided by the court. He nlso %conbated
the objections of defendants counsel tina
there was a necessity for q preliminary
attempt to settle with the parties and a
failure to agree before condemnation pro-
ceedings could be begun. He maintained
that it wal laid down in the books and
amply sustained that those provi> ions for
a previous attempt at agreement were
superseded by the filing OF the present pro-
ceedings. The old law passed in 1873 on
the subject of railroads had since been
repealed by subsequent legislation.
Judge De Wolfe took tie view that the
defendants should appear and defend their
position. Merely to come before him and
say that they object to something is not
showing a title to object TO these proceed
ings. They should formally come into
court and allege title. The preliminary
steps have been taken by petition that en-
titles the plaintiff to q commission. Mr..
Stapleton raises the point OF ultra wires;
Colonel McCutcheon a special question as
to right of way involving the taking OF the
property Of one corporation by another.
Before the several parties summoned can
be heard they ought to come
into court and specifically set forth what
right they claim, and il they have any OBJ
~iections to a commission it should be set
forth in q formal manner. He did not un
derstand that it is q prerequisite. before
appointing aeommission, that the question
as to the suficiency Of y petition or demur.
rer should be passed upon. That must
come before q court.
Mr.. Scallon asked to be informed as to
defe ndants filing answers From whatC Colo
mel Sanders said il would lead to the con-
clusion that unless q defendant files an an
yer he has got no rightto appear.
Judge De Wolfe held that il there were
any parties there TO resist b disappointment