The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1893-01-18
WHAT The MAJOR SAYS
The Independents Dispatch Vas
Wrong
INSPIRED BY POLITICS
The Land Commissioner Explains
the Present Status Of the Gel.
ebrated Bordan Northern
Pacific Case.
Special Dispatch to the standard.

Special Dispatch 10 the Standard.
HELENA. Jan. 17.-In this mornings Ia
dependent appeared the following dispatch:
The ease OF the Northern Pacific railroad
against Barden. involving the construction OF
the railroad granting act with reference TO eH-
cepted mineral lands, VIII he argued in the su-
preme court this week. This case has been
prosecuted By the state OF Montana up 70 tho
present time, but it now ses ms that the case OF
the state has been practically abandoned. -
none OF It's repr, sentatiyes are here 70 iook
after n. Major Maginnis, the mineral land COM
missioner OF the state, Is at Helena, as " also
Congressman Dixon, the attorney for the state.
The Northern Pacific people are on hand U full
force. Colonel Mcknight, the new general
counsel OF the road, ex-Atforney General Car
land and James Carter, the eminent New York
lawyer. spoken Of rs the probable attorney gen.
sral under Cleveland, will look after the North
ern PaciGc's interests before the court Tho
absence Of Attorney Dixon and Land Commits
sioner Maglnnls at this important crisis 10
looked upon rs practical abandonment OF sne
ease by the people OF Montana
Secretary Mobiles legal advisor. Aseistane
Attorney General shields. will appear for ths
United States. The attorneys for Montana have
filed briefs, each Of which seems to be more or
less aniagonistic to the other, and none OF them
agree with the attorney generals brief - 60 tho
proper construction Of the Law. In the midst
OF this apparently hopeless confusion. and In
the absence OF the states representatives, tho
railroad will be quite likely to have walk
over.
The ease is one Of tho most important that
has come TO the supreme court from Montana In
| the history of that state or territory. The de-
| ci,ion will settle the claims OF the Northern
| Pacific railroad 10 several millions of acres OF
land claimed by the people OF Montana 70 %
mineral, aud therefore 10 he excepted from the
| grant.
| In relation To the foregoing, Major Ma
ginnis was asked by STANDARD reporter
To state the facts. Major Maginnis said:
There is nothing in 1t. II bears all tho
ear marks of being inspired for political
| motives by a certain person who has just
reached w ashingion. and who, oil through
this case, has been the confidant, gossip
| and co-betwecn Of the railroad attorneys
and who echoes Mr.. McNaught's views In
| the matter. The attorneys for the state
| are Mr.. T.. W. Toolc, who has filed . most
exhaus tive brief and argument; Mr.. W.
4. Morris. of the celebrated law arm OF
Mcrrick & Morris; the attorney general OF
the United States. Mr.. Miller, and the at.
tcrney general for the interior department,
Mr.. Geo. II. Shields, all of whom aro
ready To argue the case when IL is reached.
Mr.. Dixon volunteered in the case without
recompcnsc and has joined Mr.. Morris In
his brief and argument. On the
10Th of January Mr. Morris tsle-
graphed that the case had been
postponed on account Of tie absence OF
Justice Brewer. I have no idea that IL
will be reached this term; but Il II is, tho
court will not listen to more than two ex-
tended oral arguments Of each side. II 10
arranged that these shall be made on our
side by Mr.. Morris and by Attorney Gen-
eral Shields"
"what about the differences In briefs?''
} "Thcre is only one brief fled by the rail-
road people. ON our side there arc four
} the argument and brief OF Z. W. Toole,
that of Attorney General Miller. the ex-
haustiye brief of Attorney General Shields
aud the joint brief OF Messrs. NJ. r. Nor
} ris and Hon. W. W. Dixon. There neves
has been a case before the court which
: has been more eNhaustively, carefully
and thoroughly prepared or that will
be better presented. or course. the case
ON our side IL presented from every point
as 10 desirable. Every theory Of the Law
will go before the court. The fact II ws
are ready IN every respect to try tho case
, but We are in no hurry about il. The
: railroad side have been pushing from the
, first, while our policy has been delay.
: Just now three Of the justices who, from
their opinions in other cases, NO think
might incline TO our views Of the case, ars
absent, Justice Brown, temporarily
, Justice Lamar. who Is III, and Justice
Iiarland. vino has gone to represent the
United States in the Behring sea arbitra,
ton, We are not afraid Of tho othel
Judges, but would like to have all SIT ID
4 the case. Consequently We ARE not avers<
!, to having IL go over the term. Anyhow
. We are ready. As to the legislative sitls
I of the question. the committee on publis
;. lands will not be reached until about thu
I iith Of February. when Mr.. Dixon's bill
Z will bo unfinished business. In the sen
i ate the matter is in charge Of . hous<
!, committee, consisting of Messrs. Dolph
D walthall aud Sanders. During the at
: tendance of Colonel Sanders on this leg
!. islaturc. the presumption is that nothing
, will be done in the senate"
Major Maginnis will start for Washing
ton in n day or two to be in attendance
g both on congress and the court In cas,
= any thing should come up.