The herald., 1894-05-27
THE COURT OF LAST RESORT.
Opinions Handed Down From
the Supreme Bench.
The Barden Case Decided Against
the Northern Pacific.
Judge Grsshan's Interstate Commerce
Dsoision Reversed - The Lake
Front CAse-Belva Look.
wood Disappointed,

to-day, and announced itH decisions on
many cases before sdjourning for the
summer vacation. One of the attorneys
within the bar was Mrs. Belva A. Lock-
wood, who was awaitinga decision upon
her application for writ to compel the
court of appeals Of Virginia to admit
her to practice before 1t.
THE harden CASE.
The first decision of the most import
ant cases was that Of Richard V.
Barden and others against the Northern
Pacific. As a test case it involved the
title to many good acres OF mineral
lands on the line OF the Northern Paci-
fic, principally in Montana, and in
cluded in the grants of land by the gov
eminent under the act of July 3, 1864.
Under the terms OF this act, mineral
lands were excluded from 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 en-
sued. The question at issue was wnstner
the language OF the grant meant that
only lands found to be mineral when the
grant was made were exempted from its
operations, or whether subsequent dis.
coveries on the land OF minerals would
deprive the company from title to sucn
lande. The land grants included alter.
nate numbered sections for a width OF
40 miles along the road line, embracing
in all $4,000 square miles.
In the Barden case the circuit court
OF the district of Montana decided in
favor of the railroad, the lower court
favoring the claim, and the circuit court
overruling it.
Justice Field delivered the opinion OF
the court today, asserting that q want
of knowledge at the time OF the grant OF
the land reserved would not give title to
such land, and that it would not be
claimed the government had not the
right to reserve parts of public lands in
making grants thereof. The original
exception OF mineral lands was without
qualification, aud it seemed as plain as
words could make it that mineral lands,
known and unknown, were specifically
reserved to the United States. 1t was
difficult to SEQ on what principle tho
word known" could be inse,scd INTO
the act of congress. Tho territory was
known to embrace great quantities Of
minerals. including gold ana sliver' anu
in all Grants OF lands to rail-
wavs mineral lands, except coal ana
iron were excepted and suvn grants were
80. brown 70 pass title to minerals.
.sas Impossible at the time OF the
grant for congress to have known what
lands contained minerals, particularly
considering the condition OF the terri
tory. The United States could not have
meant in such an hour of distress to it's
finances, to give away to the title to
such imperial wealth. but left discovery
OF minerals to future explorations. 1t
was certain rule OF grants, that moth
ing was conveyed by implication, except
what was absolutely essential to the en-
joyment OF the grants.
''rhere is, in our opinion, no force in
the claims advanced by the plaintiff"
(the railroad company said the justice,
and he added that the fact that the
lands had been listed at the land
office in 1868 had no binding force. The
purposes of a government would be
frustrated if by implication it could be
deprived of essential powers by privi.
eyed corporations.
The power of the land Office in de.
gliding questions of title was discussed
and several authorities from the au-
preme court and interior department
citeu, among them an assertion by Sec
rotary Lamar, when at the head of the
department, that patenta had always
been refused railways to lands upon
which minerals had been discovered
prior to the application for patent.
In conclusion, the justice announced
that the decision OF the circuit court
was reversed, and the case remanded
with direction to grant the defendants
(Barden and others) demurrer.
Justices Brewer, Gray and Shirss
dissented from the opinion.
PRIMROSE VS.. WESTERN UNION.
In tie case Of Primrose VS.. the West.
ern Union Telegraph company, Justice
Gray reaffirmed the principle that
telegraph company was not subject to
a mistake in cipher dispatches trans-
mitted on q blank containing a pro-
vision absolving the company from dam
ages.
CONVICTION OF ST. CLAIR.
Justice Harlan announced the de-
cision of the court affirming the de-
cision OF the California courts in the
conviction Of Thomas St. Clair of MUIR
dering the mate OF the ship Hester
while on the high seas.
AN INTERSTATE CASE.
Probably the most interesting de-
cision was one involving the standing
OF the interstate commerce com miss ion,
in which case tine court overruled
decision by the present secretary of
state, Justices Fuller, Brewer and jack
son dissenting.
The appeal brought up for review
Judgment rendered in December, 1892,
by the United States district court for
the northern district of Illinois in the
case OF the commission against w. Nj.
Crimson, j. j. Keeie and W. r. Ster-
ling, declaring section IL OF the inter
state commerce act to be unconstitu-
tional. The parties named, officers of
company. appeared as witnesses before
the commission, were ordered to produce
their books, refused to do SO under ad-
vice OF counsel, and the commission APP
pesled TO the court to compel them.
Judge Gresham decided that $50 much
of section II as authorizes or requires
the courts to use their process in aid OF
inquiries before the interstate commerce
commission is Unconstitutional and
void"
Justice Harlan discussed at length the
scope and purpose of the act. The
judicial power of the United States, he
said, extends to all cases arising under
the constitution on the laws of the
United States, and the circuit courts OF
the United States are capable of exer-
cising that power under restrictions pre-
hy =.