The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-05-05
A Question OF What Lands Were Ex-
cepted From the Northern
Pacific Grant.
The Case OF tho Railroad Against
Barden Likely to
Settle 1t.
1t Will He Tried Here and Taken at Once
to the United States Supreme
Court.

Jhe case b6tween the Northern Pacific
railroad and Richard p. Barden and others
will be argued to-day before tho United
States circuit court in Helena, Judge Saw
yer presiding. 1t will be one of the most
important CASES, if not the most important,
in the history of land litigation in tho
United States. Upon the decision will hang
the question of what was considered min
oral land within the meaning of the Pacific
railroads grants at the time of the passage
Of the acts and the fling of the maps of
definite location. Whichever party loses
will carry the case to the supreme court of
the United States, and settle definitely what
class. of lands was excepted from the grant
under the head of mineral.
Barden and others took up some land near
the Broadwater hotel on the claim that it
was mineral. 1t was covered by the North
ern Paciflo's map of definite location,
but the contention was that, being
mineral in character, it was excepted
from the railroad grant. The claims taken
up were the Vanderbilt, tho -Four Jacks,
the Chauncey Depew, the New York Gen.
trial and the Hudson River. The mineral
claimants made applications for patents
mud the contest was heard before the regis
ter and receiver of the Helena land office.
Those officers have just decided that the
Vanderbilt lode is mineral land and have
cancelled the railroad selection. The
others they declare are not in the same
class as the Vanderbilt lode. On this point
they say: "When we consider the prox-
unity to Helena and the value, from a spec
ulative standpoint, for suburban residences;
nr,H tina = 4 4 TT lNy u. -1,Jn
minerals in some quantities it had been
prospected for years and time and again
abandoned by practical miners; we have
strong misglvings as to whether the appli-
cants were seeking title from an honest in
tentlon to devote the property TO mining
purposes"
Meantime, while the case was pending in
tho land office, the Northern Pacific brought
suit in the United States circuit court here
to settle its title to the disputed property.
This is the case which will be called to-day,
and which will come before the couct on
legal questions involving the construction
Of the exception clause in the land grant
act. The Northern Pacific will take some
what advanced grounds in this case. 1t
will be admitted that this lane in question
contains mineral, but not i'll sufficient
qualities to have made it valuable for min
ing purposes at the time it Was selected by
the railroad company. With the means
uAiu iL4bAoLiCAiuo III % ~ II tlIllS hlIS
Northern Pacific filed its map
of definite location, 1882, it will
be held that no one could have
operated a mine there with profit. Since
then, it will be further contended, the i'm
proyements in mining machinery have been
such that operations might be carried on
there On a profitable basis. The main point
of contention, however, will be that the
minera exception in the railroad grant re-
ferred to such lands as were more valuable
for mining than for other purposesa at the
filed its map of definite location, and not to
such as could be proftabiy mined ten,
twenty, or thirty years later.
Whichever way the court holds, If its de-
cislon is sustained by the supreme court of
the United States, it will nave the effect of
quietiIlg title to ali immense quantity OF
valuable land along the line of the land
grant railroads. By basina the suit on
the one question as to what Was meant by
mineral lands in the exceptions to the
grants, the railroad comnany on the one
Side and the mineral claimants on the
other, will save a multiplicity of suits, and
the final decision of the supreme court Of
the United States on that point will be final
in all cases involving that issue. OF course
there are other cases based on different
grounds, but the question of what was
meant by mineral lands in 1882 VIII settle
the major portion of the countless suits
now pending, not only in this, but in other
states through which the Pacific railroads
pass.
Montana Grain and Produce company are
rushed with business. Sold ten cars in two days.
Shows up we'll for the new firm.
Hand painted silk throws only Toe at The Bee
Hive.