St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-05-27
BLACK EYE FOR THE n. P.
IT LOSES TITLES 70 MANy THOU
SANDS or ACRES
OF RICH MINERAL LANDS.

Decides the Case OF Barden
and Others Against The North
% erp Pacific Railway COMPANY
Justice Field Delivers the
Opinion-Points Involved.i9
WASHINGTON. May 26.-The supreme
court finished it's sessions tor this term
today, and announced its decisions in
many cases before adjournings for the
summer vacation. Rarely in the history
OF the country has it met on Saturday.
but several justices were anxious to
teaye the city today, and. on account of
the: number of cases submitted, the
Justices were obliged to sit in consulta-
ton up to the latest possible day. One
OF the attorneys within the bar was Mrs.
Belva A. Lockwood, of Washington. d.
C., once candidate for the presidency.
who was awaiting the decision upon her
application for writ to compel the
court of appeals of Virginia to admit
her to practice before ii.
The first decision of the most impor-
tant cases was that of Richard V. Bar
den and others against The Northern
Pacific RailwayC ompany. AS test
case it involves the title to many
thousands of acres of mineral lands
along the Northern Pacific railway,
principally in the state of Montana, and
included within the land grants to the
road from the government under the
act of July 2, 1864. Under the terms of
flIS 9rt mInaraI IoI
from the terms of the grant.
Mineral deposits of gold and silver
were discovered on some of the lands
several years after the railroad had
taken possession, and suits over the
title ensued-the question at issue be-
ing whether the language of the act
meant that only lands found to be min
eral at the time the grrnt was made
were exempted from its operation. or
whether
SUBSEQUENT DISCOVERIES
that the lands were mineral in character
would deprive the company of any title
to such lands. The land grant included
alternate odd-numbered sections for a
width OF forty miles along the road line,
In the Barden case the circuit court of
the District OF Montana decided in favor
of the railroad, the -fower. court favor
ing the claimant and tile circuit court
everything it. Justice Field delivered
the opinion of the court to-day, assert
ing that want of knowledge at this
time OF the grant of the land reserved
would NOT rivn tittp In
that it would not be claimed tllatd the
government had not the right to re-
serve parts OF public lands in making
grants thereof. The original execution
OF mineral lands was without Quailica-
ton, and 1t seemed plain as words could
make It that mineral lands known { and
unknown were specifically reserved! to
the United States.
1t was difficult to see on what prin-
ciple the word known could be in
serted into the act of congress. rThe
territory was known to embrace great
quantities of minerals, INCLUDING gold
aud silver. and in all grants of lands to
railroads mineral lands, except coat and
iron. were excepted, and such & grants
were never known to.pass title to Bill
erals. 1t was, impossible: at the time of
the grant for congress to know What
lands contained minerals particularly
considering the condition of the terri
tory. The United States could hot Have
meant i'll such all hour Of ~
DISTRESS TO ITS FINANCES :
to give away the title to such imperial
wealth, but left discovery of minerals to
future explorations. 1t was a certain
rule OF grants that nothing was CON
veyed by implication except what was
absolutely essential to the endowment of
the grants.
'Ihere is, in our opinion. no'force in
the claims advanced by the plaintiff
Qhe railroad company" said the Justice,
and he added that the fact that the
lands had been listed at the land office
i'll 1858 had no binding force. The pur-
poses OF government would be frus-
trated If by implication it could be de-
prlved OF essential powers by priyi-
legged corporations.
The powers of the land office in decid-
Ing questions of title were discussed,
and several authorities from the SUI
preme court and interior department
cited, among them all assertion by Sec
rotary Lamar when at the head of the
departments that patents had ALWAYS
been refused railroads to lands upon
which minerals had been discovered
prior to the application fer patent. In
conclusion the justice announced that
the decision of the circuit court was re-
versed, and the cause remanded with
direction to grant the defendants (Bar-
den ct ally demurrers.
Justices Brewer. Gray and Shiras dis
scented from the opinion.