The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-12-02
NAJOR MAG|NN|S TALKS.
low the Mineral Land Question
Stands and Plans for
Future Action.
Probability That Congress Will
Pass q Bill to Adjust All
Difficulties.
Tho harden Case VIII he Testsd IL the
Controversy Comes Up In the
Supreme Court.

COnIrOS0E1y OOmGA Up IN Lh0 @l
Supreme Court.
Major Martin MaRinnin, mineral land
Commissioner for Montana, returned to
Helena Monday after an extended trip
mong eastern cities. He attended the
rrans-Mississippi congress- ut Denver. and
this telegraphic call Of Governor Boies
rent to Council Bluffs, where he made one
ths ringing speeches Of the Iowa cam
baign. AT Nav York he said goodbye to
Yrs. Maginnis who sailed for Europe with
Mrs. DAILY. He made the speech Of tho
lyoninR at the big Tammanv meeting and
rom there went to Washington in the in
srests OF his Office. He was present At the
mining congrsss in Denver.
Concerning the status Of the mineral
and question Major Maginnis said: ''The
natter il progressing very satisfactorily.
In important feature Of the controversy
vas Secretary Mobiles recent decision by
which mountainous lands are withheld
rom patent to the railroad companies IN
il the final decision shall DO rendered.
Commissioner Garter rendered valuable
assistance in his case. When Congress
meets next month ! will go to Washington
md remain there during tho session. We
nope to get a bill through which win pro-
ride for 4 commission to secure = survey of
The land claimed by the Northern Pacific
company. It is quite likely that this cor
p~oration will ask for a provision BY which
they will secure an equal acreage Of lands
other thar mineral after thu surveys have
been finished. am confident
that the company will not insist
on holding the mineral lands pro-
viding a bill with these requirements
oan be passed. Another matter to be de-
termined by the United States supreme
court is whether congress has the power to
pass such u bill. We will make q test OF
The Barden case and it will be argued by
The ablsst attorneys for our side. The com
pany claims ownership to all lands not
known to be mineral to 1884 under the
original grant. We claim that ths time il
not to bs considered in the discovery OF
mineral value and on this point will rest
the legal merits Of the case along with the
power Of congress to pass such = bill as I
have outlined in the event Of the passage
|of tho bill. The lands surveyed will
probably come under the heads of mineral,
doubtful and agriculture. l think it
probable that tho doubtful lands will be
classed with the mineral rather than the
agricultural when the matter is finally de-
termined. The majority of court decisions
at his time have favored the company'B
side Of tho Case, notably those OF the late
j Judge Sawyer. On the other hand the de-
cisions Of Judge Knowles have been the
reverse. I boiieve, however, that the pas
sage of the bill referred to means the final
settlement Of the controversy. Congress
alone has the power to dispose OF public
lands. II the United States supreme court
can extend a land grant it 10 inferred that
it can also make a grant. This seems to be
a usurpation and / am very confident that
tho bill if passed will have great weight
upon the supreme court if the Barden case
should come up thereafter.
i nave secured valuRblo maps OF mlnetal
territory claimed by the company and will
produce all necessary information, includ-
ing Judge Knowles decisions. l will open
a mineral land Office in Washington, and
will devote my entire time and all my
belongs. I think the bill as formulated
will 40 through the house without difficulty.
When il reaches the senate the amendment
providing for the exchange of an equal
acreage Of the lands may be lacked in. Of
course, we would favor the amended bill
IAVu0E buAA lUS0 tuU ObI0Gb lOT WAlCA VIZ
are working, but we would fight the amend
ment il We saw that it endangered the
original. We have reasons for believing
that the department of the interior is III
sympathy with our side of the case, and /
believe we shall succeed in making our mr.
garments so clear to congress as to cause
the passage of all necessary bills. Th
work of making known the controversy to
the people Of the eastern country has been
we'll done I spoke on the subject at the
Irans-Missisaippi congress at Denver. and
favorable revolutions to be sent to the ma
present at the mining congress at Denver,
and introduced this following resolutions,
which We . Immediately adopted:
Whereas, The supreme court of the United
conceding that no direct adjudication thereof
had been made, declared the legitimate inference
OF several of it's decisions 10 be: THAT tue ex-
ception of mineral Lands from grants in the acts
Of congress should be considered to .spply only
known to DO g valuable fos thsir minerals ., to
Whereas, This dictum of the supreme court,
If il should becomelaw. would invest ths Pacific
railway eoamE;aapies holdin& grants from ron t the
mines discovered within the limits. OF said
grants by prospectors and miners who have To-
,old therAin in the honest belief that said grants
were limited to agricultural ladds only. a. de-
clared in the acts Of congress making. them, and
Elod- L LO lllGpA VI tAV oLAutN kJinlC5
have invested millions of dollars in the develop
mont of mines on said lands which have been
discovered subsequent to the date Of said grants,
and
Whereas. The consequences of this newly
m,de construction Of said grants must be tho
coniiscation of private property and the spo.ia-
ton OF individuals in behalf 81. said railway
companies. on n scale so vast that history affords
no parallel thereto, and to tn, bringing of &C.
tons to recover the value Of ores heretofore
mined from said lands, which, if successful.
must reduce n largo number Of our citizens to
want and beagary. and
Whereas, Ii said construction Of it becomes
the law OF the land it will take vast. regions Of
mineral lind out Of the market, either for flu
ture explorations or purchase, to the manifest
injury OF the people; wherefore be it
Resolved, That the congress protests rgainst
any construction OF the statutes of the United
States which will result IN such u system OF
Wholesale confiscation and the consequent en-.
richment OF great combinations already enjoy
ing the bounty Of the government, and calls
upon the representatives of the people in con-
gress assembled to take such prompt and imme-
diate, action AZ may be within, their constitu-
tional prerogatiyss TO destroy this threatened
danger, - -
II think that we have affairs in Il very
satisfactory condition for the continuance
of the contest" . W+-M
Concerning other matters Major Magin-
mis- said: IT gathered from the various
opinions EXPRESSED that Roger u, Mills will