The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-02-02
Opinion Of Judge Hanford, at San
Francisco in the Sanders
Land Case.
Tho Husband Who Returned to
Ills Home at an Unex-
peoted Hour.
A Modifying Order In tho Dogge Divorce
ProcoedinKs--To Partition tho
Dulnplly Estate.

In the circuit court of appeals at San
Francisco Judge Hanford, who decided the
~well-known land case of this Northern Pa
cifc vs.. Sanders. held that az the land in
question was located and claimed as min
eral land prior to fixing the definite location
of the grant to the railroad company. 1T
should not bs included within tie limits OF
the grant, and the title OF the defendants to.
the land is thereby established. The judge
reoited the following statement OF facts:
"The land in controversy is an odd-num-
bered section Of non-mincral land within
the limits of the grant. On the 2lst day Of
February, 1872, the plaintiff filed a map OF
its general route in the general land office.
and on the 22d day of April, 1872, the COM
missioner Of the general land office, unde
the direction Of the secretary of
the interior, by n circular directed
to the local land office for the
Helena district, in which said land is stu
atsd, ordered the withdrawal from sale or
location, pre-emption or homestead entry, all
the odd numbered sections of public lands
within forty miles on each side of the gen
oral route of the plaintiffs road AZ fixed by
the filing Of the map. On the 9Th Of July,
1882, the portion Of the line of the plain
titf's road opposite TO the land in contro-
vsrsy was definitely located. On different
dates subsequent to receipt at the local
land Office Of the circular above mentioned,
and prior to the definite location Of the line
Of plaintiffs road, persons named in the
answer located all Of this section q as min.
ing ground and endeavored to acquire title
thereto from the government under tbs
laws relating to mineral lands of the United
States. ... =.
subsequently to the 9th day Of July
1882, the defendants entered into the occu-
pancy of said section 81, and at the time
this action was commenced they were II
possession of the same" "N A#
The suit was brought by the railroad
company for the restitution Of certain
lands in Montana. Under an act Of con-
gross, approved July 9, 1864, the railroad
company was granted as an aid in its con.
struction of a line from Lake Superior tc
Puget sound the odd numbered sections OF
public land to the amount of twenty alter
nate sections per mile on each side OF the
line adopted by the railroad through the
territories traversed. On the 10th OF May,
1888, the defendants are alleged to hays
entered upon and ousted the plaintiff
from an odd numbered section of the land
claimed by the railroad under the grant,
being section 81, township 10 north, range
3 west. The case was decided in the cir
cult court Of Montana for the defendants,
and the decision Of the oirouit court of ap-
pesls afirms the decision of Judge Knowles.
The land is just north Of the Northern
Pacific depot, and the decision is in favor
Of Junius g. Sanders, Wilbur E. Sanders
James U. Sanders and Sarepta M. San
ders.
!, A decision was also rendered i'll the Anna.
ker case. involving 100 acres of land lying
along Montana avenue, about a mile and q
half from the city limits. The decision
atirms judge Knowles. and is against the
Northern Pacific Railroad company, The
, company now has q case in the circuit
court here in ejeotment over the same
land. "#