Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1892-12-15
OUR MINERAL INTERESTS AT STAKE.
An Important Case Before the o. s. Supreme
Court, Involving the Title to Vast
Area of Mineral Land.
The Northern Pacific Railroad vs.. the Pros
pectors and Miners Of the
Northwest.

There has not. been, and perhaps
never will be, case presented for the
consideration OF the supreme court OF
the United States of more Importance
to the states of Dakota, Montana,
Idaho and Washington than that of
the Northern Pacific railroad company
VS.. Richard p. Barden ct al, now pend
ing in that court, and which will be
reached for trial some time this
month. The determination of the
question involved will not only have n
formative influence upon the future
development and prosperity OF one OF
the chiefest industries OF these states,
but gathers about it issues as to the
rights of individuals to mineral lands
of immense scope and value and upon
which large sums of money have been
expended and vast improvements
made.
In 1883 the defendants discovered
and located a group of valuable quartz
lodes, which are upon odd sections
and within the eighty-mile limits of
plaintiffs grant. The definite location
OF the line of plaintiffs road was made
on the 9th day of July, 1882, oppo-
site the mining claims in question, and
it claims that as the discovery of min
eral and location was made since that
date, the defendants have no title to
the premises and that the extracting
of ore therefrom is a trespass upon its
property. Upon this theory it brought
an action of ejectment against Barden
ct al, in the circuit court OF the United
States to recover possession OF the
premises, and Judge Sawyer, who de-
livered the controlling opinion in the
case, supported plaintiffs theory and
overruled the demurrer of the defend
ants thereto. Judge Knowles, sitting
also in the case, delivered an able and
forcible dissenting opinion, holding
that under the grant plaintiff acquired
no title to mineral lands, and conse-
quently had no cause of action.
The state employed Messrs. Toole
& Wallace to take hold of the case at
this juncture and appealed it to the
supreme court OF the United States,
which was done according. The mat
ter is under thecontrol of Hon. Martin
Maginnis, mining commissioner for the
state, who, in view of its Importance,
has left nothing undoue to have the
legal propositions fully and thorough
ly presented upon the part OF the de-
fendants.
E. w. Toole, who has been prepar-
ing the brief in the case for several
weeks, and has Just completed it, is
clearly of the opinion that the position
of Judge Knowles in his dissenting
opinion will be sustained by the su.
preme court of the United States.
Under the authorities and upon legal
principles he has reached the conclu-
sion that the United States has to-
day, so far as the grant is concerned,
precisely the same title it had when
the grant was made and that it has
provided but one mode of GisposIng o
the same, which is exclusive, and that
is under the mineral land act, to the
citizens and those who have declared
their intention to become such; that
these laws, whether known or un
known, were uneffected by the grant
being excluded from it's operation
stands as if no grant had been made
and that the claim OF plaintiff will noi
be supported. The matter is OF vita
interest to the community general!
and especially to those who have in
terests in mines within the limits O
the grant, located since e1SS2.-Heleni
Independent.