The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-05-14
The Northern Pacific Controversy.

determine rs to the III of concentration
best to erect.
The Northern Pacific Controversy.
To The INDEPENDENT: We notice in this
mornings issue of your paper a communi.
cation, which, from it's tenor, evidently
emanstes from some official or lawyer OF
the Northern Pacific railroad, as no I'M
biased citizen could express such sentiments
as are therein disclosed.
1t starts out with the false assumption
that the city has employed two prominent
legal firms to assist in the defense of the
injunction suit instituted by the Northern
Pacific Railroad compauy against the city.
While the city would be perfectly Justified
in employing attorneys and maintaining
the streets and alleys within its corporate
limits, it is perfectly satisfied with the able
attorney who will hereafter represent the
city in all litigation in which it is "a party.
The article proceeds farther and says: IF
we shall now exhibit our ingratitude by
volunteering in our municipal capa-
city in a contest thas does not actually
concern us, can We expect that friendship
to continue? And does Mayor Klein
| schmidt reflect that the manag RS of the Nor
thern Pacific in twenty-four hours could
make Helena a way station on IL side track
to its continental line"
Aside from the fawning sentiment ex-
pressed in the foregoing lines. 1t suggests
tint our mayor should cowardly desert his
post and duty and allow this company to
fence up and obstruct the streets and alleys
of our city with impunity.
The questions here presented are far
reaching in their consequences and 1t IS
time that not only the citizens OF Helena,
but of the entire state of Montana, should
understand the issues and claims presented
by this powerful corporation.
In the suit mentioned by the writer of
Yesterdays article, of the Northern Pacihc
company against G. w. Cannon ct al, and
in which they are endeavoring to obtain
Judgment as a precedent IN all similar
cases, it is asserting title to all mineral
lands in his state which we're not known to
be mineral at the time of its grant in 1864,
whether patented or not. 1t is we'll known
that at thai time the country was almost
entirely unexplored and that the govern
ment made the most muniticent giant to
| the road to encourage Its exploration and
development. and to wrest from the min
eral claimants all odd sections of mineral
lands discovered and developed since that
Justice but would be an invasion of the
rights of the public. This is exactly what
the railroad company wants, however, and
it ia upon this theory that it objects to the
city's claim of rights in the streets and al
leys within its corporate limits.
Mr.. Cannon and others, in 1878, obtained
a patent for the lands upon which the
fencing BY the road was done. After this
they laid it out as ar addition to the city of
Helena, and dedicated to the city the
| streets. avenues and alleys. After the title
had thus passed, the mayor and city coun-
Gil approved of the plat, and the land be-
came a part of the city, and the streets,
ton and control. Can it be possible that
any one is SO destitute Of reason and the
principles of common justice as to suppose
that the grantee of Cannon and others (the
city,, which alone has control of these
streets, will abandon the title thus ac-
quired? is it not due to Mr.. Cannon that
whatever title the city has should be fully
come so ignoble that they dare not defend
their rights? Are they to be overawed in
doing 80 by the threats of the
railroad or its lawyers. We have
always understood that a grantee
in such a. case was under obligations to de-
fend and that the erantors, Cannon ct al.
might and should take a part of the bur
dens in the contest. A desertion of duty to
the injury of the grantors in such case,
whether from connlvance with the railroad
or under the pressure of its threats, to say
nothing of the protection of the interest of
the public in the streets, would be 0wardly
and disgraceful. The people of Helena
duu uuoubbu SdAilAoS 10 ulANOA AApO
measures in this way, nor are they to be
influenced by young and unsophistlcated
attorneys of the railroad who construe the
decisions of the supreme court to mean
that their road is entitled to all odd sec
tions of mineral andst that were not known
to be mineral at the time of the railroad
grant.
The people of this country are watching
the actions of this railroad company and
are scarcely willing to be intimidated out
of their rights or induced to surrender
them upon the promise of the roads young
attorney that when the road gets thes.
mines 1t will IDEAL literally" with the occu.
pants, explorers and discoveries. Besidei
the injustice to Cannon. ct al, who have
dedicated these streets to the city, thereby
passing the title from themselves, shoult
the CITY refuse to vindicate those rights
conveyed, whatever they may be, and aside
from the public interest in maintainin;
unobstructed these streets and alleys, Can.
non and others have for a long time beer
paying into the city treasury large amount
Of taxes upon these lands as a part of tn,
city of Helena, and the city, on account O
the plating and the dedication of tn
streets has received from them to its US
the taxes thus collected. Hence, asid
from its legal duty to keep open thes
streets, it is unde the highest Of moral oh
legations to do so.
The city cannot resist the fencing of
single street within it's corporate limits
without invoking the title and rights it &C
quired from its %grantors or those maxim
the dedication. This is no exception, an
the city must assert it's Fights or ingloriou;
ly surrender. Upon the strength of tt
title passed to the city by Cannon, it h;
received from him Il large revenue in IL
way of taxes, last years amounting
3 about $4,000. it accepted the property thu
3 taxed as r part of the city, approved of ii
J plat and is the only one that can and hon
2 protect the streets, and we mistake not tn
it will do it.
On account of the unfavorable rulings
the United States circuit court on the u
: reasonable claims of the road it has desert
y that tribunal and brought a suit in t
3 state courts against the city, the determin
ton of which necessarily involves the va
idity of the Cannon patent, under which l
city claims, Il it is to be hoped that
speedy hearing may be had and matte
o ultimately determined by our state court
CITIZEN.
f Fine line of new ruchings and veilings just
ceiyed at the Bee Hive.
O Dinner from Is till g, at the Helena Cal
t Programme at the Hotel Broadwater.