The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-02-09
Importance of the Matter Indicated
by the Action of the Su-
preme Court
Very Strong Presentation OF the
Case ON Behalf OF the
People.
Tho Railroad Lawyers Shift Position
Indications of tho Leaning of some
of the justices.
Special Correspondence of The Independent.

pltClhl SOFTcSpOHuenC6 OF 1 Hb iAueIoluouV.
WASHINGTON. Feb. 3.-Ths event of great
est Importance to Montana during the past
week has been the trial Of the mineral land
case. Barden ct al. Va. Northern Pacific
Railroad company. After five postpone
ments of that case for several reasons, it
was finally reached for argument last Mon
dav week. Mr.. Morriss, the attorney for
the state, md Assistant Attorney General
Shields suggested that as the case involved
important questions. and as Justices Lamar
and Harlan were absent, il might DO post
poned until il could be tried by . full
bench. To this the railroad attorneys OBJ
jscted. saying that all parties we're ready
for trial. the case had been postponed sew
oral times. the matter ought to hs settled
on grounds Of public policy, and the trial
should 60 ON. No further digestion being
offered the argument was opened on the
side OF the people by Assistant Attorney
General Shields, who had interven cd
in the case on tho behalf
of the United States. He was followed by
Mr.. Mcknight for the railroad company.
These arguments occupied all of that day.
On the next day, on account Of Justice La
mars death, there Was q postponement for
one week, until last Monday. Jan. 80. whore
Mcknight finished his argument and WAS
allowed by the court to occupy all tho day
until adjournment. Mr.. Morriss was lis
tened to with the ~profoundest attention on
the part of every member Of the court, and
without interruption or question from the
bench. He was the only lawyer in the case
who was thus listened to without comment
or interruption. His argument was clear.
quiet and convincing, and was made
with that ease which comes from
long and familiar practice before
the coutt and a thorough acquain-
tanoe with its methods and personnel.
The court granted an additional day for
argument, and on the next morning. Tues
day. Jan. 81, Mr.. James G.. Carter, of New
York, followed for the railroad company,
and Attorney General Miller, for the
United States, made the closing argument
on the side OF the people.
The court became greatly Interested in
the case. In fnct the case has excited more
int est than any other OF the p esent term,
and its i'm ortanee Is fully appreciated.
Nothing has been left undone to put the
case as 1t should have been put. The argu-
ment was full and complete, and unusually
extended n voluminous and exhaustive
briefs were submitted for tho consideration
of the court.
SO far as the indications could be gath
cred they seemed exceedingly favorable. to
the peoples side of the case. Their rep re-
sentatives were both pleased and surpris sd
that MIR. Justice Field seemed from his
questions to be most strongly on their side.
and the chief Justice appeared from his col
loquy with counsel to be fully with them.
They combatted Nil. McNaught frequently
in the positions which he assumed with
that confidence and cock-suredness which
Ia SO characteristic of him. Mr.. Justice
Brewer seemed at one time to be rather op-
posed to some POINTS made by Attorney
General Miller on the side of the people.
No member of the court interrupted Mr..
Morriss. but every justice listened with
earnest and undivided attention from the
beginning to the end of his argument. The
at ong Argument of Assistant Attorney
the court. There is no doubt that the in
tervention of the attorney general has
given greater force TO the case for the peo-
pie. 1t was a judicious move to bring the
government into it. There are two other
cases from Dakota involving the same
questions.
AS bearing on the question as TO how the
court will decide, it is noticeable that the
railroad LAWYERS shifted their positions. In
this particular case there were some weak
spots in it's earlier statement, before the
state took hold of it. not calculated to
bring out the general position in the strong
est light. and to these technica tiles the
lawyers for the company, who had been
claiming a decision under the general law,
directed some of their final arguments,
showing a lack of confidence as the case
developed. But all the state wants ia that
the court should meet the main question
and lay down the general law. hat will
be the triump PHI that the people desirs-not
some ruling on a technically.
1t is freely claimed that on the main
point the court is with the people and will
decide in favor Of the state. IL anything ia
evident 1t ia apparent that the railroad
company is defeated on the main ground of
Its contention.