The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-08-24
montana MINERAL LAND
Commissioners Maginnis Tells q the
Work Dons In Washington
Last Winter. n
Commodore Power and tho Idaho
People Favor the Railroad /
Proposition.


Hon. Martin Maginnis was found enjoy
Ing the comforts OF the Broadwatsr y~sstsr-
day afternoon, and responded - follows TO
the interrogations Of an INDEPENDENT re-
porter regarding tbs status OF the mineral
land question:
You know the history Of Mr.. Dixon's bill,
I presume. II was . difficult matter 70
franc legislation that would stand tho test
Of tho courts. We thoroughly understood
that 4 contract made by an act Of congress
twenty-five years ago could not ~
changed BY q aot Of congress- now;
but vs. wantsd ths matter thoroughly
discussed and exploited, 10 that tho
country and the courts would understand
tho magnitude. pf the question. After
numerous consultations among the friends
Of the mineral lands and the counsel r.
tanned, Mr.. Dixon drew his admirable bill.
which has met the approval OF all our peo-
pie. II classitss the mineral lands, de-
slases what conastitptss minsral lands r.
vidss macshhiinsryf ffSf work, and knocks the
basis from under AdYerse decisions OF the
courts. which claim that A. congress has
taken no action the courts must proceed TO
do 90. The interior department and the
general land office, though friendly to the
purpose OF the bill, held that II went too
far and would not stand the test Of tue
courts, but good lawyers took the othsr
view and the representatives Of the mineral
states agreed to stand BY II. Mr.. Power, how
ever, and the delegation from Idaho. after
ward went in for the compromise rendered
BY the Northern Pacific people, to increase
the indemnity lands BY including the even
sections, which il all the RAILROAD people
now ask.
Why did you not accept this2
Because In the first place it involved the
surrsnder OF our cAss In the supreme court,
and long ago l learned that you could al
ways surrender when you cannot do any
thing else. There will, be plenty of time to
consider tho Willard proposition when the
court shall decide against US. and ] am a.
confident az OF the fact that I am alive that
the supreme court never will countenance
, the monstrous perversions Of fact. OF words
and Of law which characterlzs the decls-
ions Of Judge. Sawyer and 81 tne others
Just. If the railroad cannot find lieu lands
enough in it's ample belt of 12o miles it is
because of its own delay in building the
road, owing to which fact the settlers took
up tho lands. The people are not respon,
3lDk0 ZOE GuHb u0lNys 1A0 CO"RnAS 0AONAN
be thank ful that its charter was not for
tsited in consequences. They have lands
enough. No congress will ever be elected
hat will give them any mole.
What was the effect OF this division!
We'll, it delayed the bill. It WAS held q.
in the interior department and genera
land Office nearly a month. Then tn
minority Of the committee demanded tim,
j to make a minority report. Ibis threw j
along ipto that period Of the session wher
the struggle for precedence is t'emendous
, The land committee failed to get any dn'
Once Mr.. Dixon got the bill up. but it wa
cut of BY Mr.. Burrows, of Michigan, de
mnndina tho regular order. 20
3 Was the speaker friendly?
Well, he claimed to be, but the bill Gel
tainly would have passed under suspension
it's bshalf.
= What condition 10 it in now? ~
It il unfinished business. and comes u
in it's own right on the first call of the Ian
committee. 1t will pass by a good maiorit
G once VIC get a vote on IT..
a liant fight for it. Never out Of his seat. b
. watched the chances assid uonsly An
y though for the last two weeks in the deaf
lock it was apparent that no other businet
would be transacted he sat through tt
y dreadful heat until the moment OF fin
a dAJOut ..rt. 49,
. How does the matter stand in the 81
. eme court? ~@'"|
/. The Rarden case will be tried during tx
: coming winter. In addition to MIR. Tool
M. A. Morriss, Of Washington, has bee
T retained, Mr.. Dixon has volunteered, an
ths president and the attorney general ha,
. been invited to have the interests OF Il
= United States represented by counse
k which they will undoubtedly do. I ha,
every reason to believe that the decision
the court will be favorable. Indeed it CO
not be otherwise. Then the passage of Il
. Dixon bill will make a happy ending of Il
mineral land controversy.
l. Romaruhnp that The Rae H1va ia tha landau