The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-02-08
THE MINERAL LAND CASE.
MAJOR M"ginni. Regards Tho Action Of I'll
Supreme Court as "a yictorv

mayor M"glnhi1 Regards tho Action Of tho
Supreme Court AS u Victory.
Major Maginnis, mineral land commits
slonor. was very jubilan. yesterday ovsr the
action taken by the supreme court In tho
mineral land case entitled Barden ct al. vs.
the Northern Pacific Railroad COMPANY
ana regards it ~ tho first step towards a
hnal and decisive victory for the people,
lhe httorneys for the state and the govern
Ihent desil ed either q dscaion in their ia
Sor or nearing before tho full bench. The
fa'irohd people have been trying to rush the
matter through on the ground that the
| state had no case. and consequently this
action Of the court Major Maginnis regards
a. decided set back for them. "Our
| friends III Washington" said tho major,
| are much pleased over the outcome and
,sss.a ,s our nnal victory as assured. From
the previous decisions OF Justice Harlan.
there was little doubt OF his position. All
MS opinions were on one side. He had to
go abroad on the Behring sea arbitration,
met him in New York and expressed my
teglstS at the necessity which took
as secretary OF the interior
had written several decisions rigLt
in line with our claims. From the section
OF country from which Justice jackson
comes, tho nature OF his learning and his
assoclatlons. and expressed opinions, we
AAny 'oa7ohhDiy uOpe tHat MS Judgment
VIII incllne towards Us. As all the decisions
rendered in the minor courts, before the
state took hold OF this case, were against
us, 1t was assumed by the railroad attorneys
| that all they had to do WAS to bring the
case up and have the supreme court con firm
THESE previous decisions. Some Of our own
people teok this view. IL was the general
opinion. There has been great revolution
since we have taken hold of it. As an in
| stance OF this, one of the best efforts ever
made by Attorney General Miller was in
this case, in which he was assisted by As
siStant Attorney Genernl Shields. When !
| hrst solicited these gentlemen to 90 into the
case they thought it WAS hopeless matter.
AS late as November l telegraphsd Attorney
General Miller and received the following
reply; :.
"'Hon. Martin MaRinnis: Yes, l am ex-
pectlnR to help argue the Barden case,
though fear that in view of the decisions
already made. it is useless uphill fight
but when we got him into it and he
read the briefs Of Mr.. Ioole, Mr.. Dixon,
Mr.. Morris. Col. Sanders and the fesbler
| arguments presented by myself, he became
sanRuine and enthusiastic and has done MS
yeoman's service.
| Among other dispatches from Washing.
ton received last week tho following from
our attorney. Mr.. Morris, under date of
Feb. 2:
| Hon. Martin Maennis: Barden case
nhlsheo. Lasted three days. fully ar
Rued II. The attorney general and assist
ant also. Indications very favorable. If
decided, decision will not be rendered be-
fore March. Court Rdiourns Feb. g.
our friends have claimed that the court
would either give US a decision or remit it
to full bench This means a final de-
olslon IN our favor and we are satisfied
- course. no efforts should be elaxed,
The attorney general and his assistants
under the new administra alton must be en-
| listed in the cause and made to do as good
| service as the present incumbents All the
new points coming up must be gathered.
and on its final hearing the case must be as
we'll presented as it was last week. No
case ever went before the court that was
more exhaustlvely studied and thoroughly
prepared. This work is all good for the
future. Tbe state must relax no effort
now that victory In this great matter ia in
aiuhf -