The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-11-23
That or the Northern Pacific Rail.
road Against Barden OF
Great Moment
Question That Will be PASSED
Upon by the United States
Supreme Court.
Montana Has Taken Up tho Case for Ear
den and on the Decision Great
Interest Depends.

There has not been, and perhaps never will
be, n case presented for the consideration
OF the supreme court Of tho United States
of more i'm mportance to the states Of Dakota.
Montana, Idaho and Washington than that
OF the Northern Pacific railroad company
VS.. Richard p. Bardan ct al, now ponding
in that court, and which will be reached
for trial some time in December next.
The determination of the question involved
will not only have formative influence
upon the future developments and prosper
ity of one of the chiefest industries of
those states, but gathers about its Issues
the rights Of individuals to mineral lands
of immense scope and value and upon
which large sums of money have been ex-
pended and vast improvements made.
In 1883 the defendants discov-
cred and located group of
valuable quartz lodes. which are
upon odd sections and within the eighty
mile limits of plaintiffs' grant. The def
mite location OF the line of plaintiffs road
was made on the 9Th day of July, 1882. op-
posite the mining claims in question, and it
claims that as the discovery of mineral and
location was mado since that date the de-
PENDANTS have no title to the premises and
that the extracting of ore therefrom ia q
trespass upon its property. Upon this
theory it brought an action of ejectmsnt
against Barden ct al. in the circuit court of
the United States to recover possession of
the premises, and Judge Sawyer, who de-
livei cd the controlling opinion in the case,
supported PLAINTIFF theory and overruled
the demurrer of defendants thereto. Judge
Knowles, sitting also in the case, delivered
an able and foreible dissenting opinion,
holding that under the grant plaintiff ac-
quired no title to mineral lands, and con-
sequentlv had no cause of action.
Tho state employed Messrs. Tools & Wal
lace to take hold of the case at this junoture
and appeal it to the supt eme court of the
United States. which was done according.
The matter is under the control of Hon.
Martin Maglnnis, mining commissioner for
the state, who in view of its Importance has
left nothing undone to have the legal propo-
sitioRs fully and thoroughly presented upon
the part of the defendants.
Il. w. Ioole who has been preparing the
brief in the case for several weeks, and has
Just completed IL, ia clearly of opinion that
the position of Jadge Knowles in his dis
senting opinion will be sustained by the
| supreme court of the United States. Under
the authorities and upon legal principles
he has reached the conclusion that the
United States has to-day, SO far as the
grant is concerned. precisely the same title
it had at tho time the grant was made and
that it has provided but one mode of dis
posing of the same, which is exclusive. and
that is under the mineral land act to tho
citizens and those who have declared their
intention to become such; til at these laws
whether known or unknown, were unaf-
fected by the grant, being excluded from
its operation stand as if no grant had
been made, and that the claim of plaintiff
will not be supported. The matter is of
vital interest to the community generally
and especially to these who have interests
in mines within the limits of the grant,
located since 1882.