The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-04-20
UNITED STATES COURTS.
The Railroad Case Against c. W.
Cannon Appealed to San
Francisco.
Special Venire Issued to Com
plete the Grand Jury
Panel
the sixteen Grand Jurors to lie Selected
To-day-Dlstricts Courts not in
Session,

The Northern Pacific Railroad company
has appealed it's case against g. w. Cannon,
Catherine R. Cannon, Henry Cannon and
The city OF Helena TO the circuit court of
appeals at San Francisco. Cullen, Sanders
u Shelton, the attorneys for the railroad
company had their bill of errors
signed yesterday by Judge Knowles
OF the United States courts. This
is the celebrated land case ON the west
side Of town, where the railroad COMPANY
took forcible possession OF 1G0 acres of land
and fenced 1t In last summer. The city in
terfered by requiring the fence to be taken
down tsuch points where the public streets
and alleys crossed the tract OF land, which
10 ING northwest quarter Of section twenty
one, township ten, north Of range four west.
The Cannons obtained a United States
mineral patent to the ground soma time ago,
which the railroad company claims was OBJ
tanned through fraud. Whom the case
came before Judge Knowles he decided
against the railroad company. The com
pany bases its appeal upon tho findings Of
tho court. which are alleged TO be errors.
The findings were that the railroad COM
pany had duly complied with all the terma
and conditions Of the sct Of congress giving
the railroad company its land grand,
ana further finding that the railroad
company had duly fixed the line Of gen
ernl route 81 it's road extending through
Montana BY fling q plat thereof duly ap-
proved BY the secretary Of the interior il
the office Of the commissioner OF the cen
oral land office on Feb. q, 1872. The court
also found that on this date the land
IN controversy was not within the forty
miles Of such line Of general route, 80 fixed.
and was on the same date non mineral pub
lie land Of the United States, as TO which
the United States had full title. not re-
served, sold, granted, or otherwise appro-
prlated and free from presumption and
other claims or rights, and further that
upon the filing of such map Of general
route in the Office of the commissioner Of
the general land office, the commissioner
acting under the direction of tho secretary
OF the interior transmitted a diagram show
ing the lateral or side limits to include all
lands along and within the forty miles of
the general route to the register and re-
ceiver Of the United States land Office at
Helena to withdraw from sale, location.
presumption or homestead entry all sur
veyed and unsurveysd odd numbered Sec
lions falling within the limits OF the forty
miles a. designated on the diagram.
II was found that the order and diaoram
we're duly received by the register and "a
oelver and filed in the Helena land Office On
May 8, 1872, and that the land was ana il
within this district. Nevertheless. eaya tia
pill OF errors, the court determined and ad-
judged thatsthe fraudulent and void claim
TO the land made under the laws Of the
United States. authorizing the location and
patentlng Of mineral lands, and by virtue
OF the patent issued to Cannon on July 6.
1852. at the time the railroad COMPANY daf-
nltely located the line of its road and fixed
the same by filing a plat thereof in the Of
of the commississioner Of the oenayal
office. constituting a claim OF RIGHT
to include the land from the GRANT
to the railroad company by the act Of con-
Rress OF July 2, 1864, was valid, although
such claim was created ~subsequent, to the
reservation of the land for the railroad
and although the land was along
ana within the forty miles of the road 10
definitely fixed.
After recltlnR these grounds on which it
appeals the railroad company snys tho
court failed and declined to hold that ii
appeared from its bill of complaint the le-
gal title to the land was vested in the rail-
road company by virtue OF the act of con-
gress of July 2, 1864, and the acceptance
and compliance OF the terms and provis-
IONS thereof by the railroad company. THA
court also declined to hold that Cannon'a
patent was Il audulent and void, or that il
a cloud upon the title of the
company.