The morning call., 1894-05-27
NOT GIVEN AWAY.
Minerals on Granted
Land.
RIGHTS OF RAILROADS.
Must Yield to the Higher Right
of the Nation.
OTHER SUPREME COURT RULINGS
The Conviction of Thomas ST. Clair
by the California Courts
Affirmed.
OTHER SUPREME COURT RULINGS

cases before adjOurning for the summer
vacation. One of the attorneys within the
bar was Mrs. Belva A. Lockwood. who
was awaiting tie decision upon her appli-
cation for writ TO compel the Court of
Appeals of Virginia to admit her to prac-
tice before it.
The first decision was one of the most
important cases, that of Richard V Bar
den and others against the Northern Pa
cfc Railway Company. AS test case, it
involved the title 10 many good acres of
mineral lands on the line of the Northern
Pacific Railway, principally in Montana.
and included in the grants of land by the
Government under the act of July 3, 1864.
Under 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 posses
sion and suits over the title ensued. The
question at issue was whether the language
Of the act meant that only lands found to
be mineral when the grant was made we're
exempted from its operations, or whether
subsequent discoveries of land, in which
were minerals, would deprive the COM
pany of any title to such lands The land
grants included alternate ndd-numbered
sections for width OF forty 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 want of knowledge at the
time of the grant of the land reserved,
would not give title 10 such lands, ana
that 1t would not be claimed the Govern
ment had not the right to reserve parts of
public lands in making grants thereof.
The original exception of mineral lands
was without qualification, and il seemed
plain as words could make it that mineral
lands, known and unknown, were eDecifi-
cally reserved to the United States
ut was difficult to see on what principle
the word known could be inserted into
the act of Congress. The territory was
known to embrace great quantities of
minerals, including gold and silver, and in
all grants of lands TO railways mineral
lands, except coal and iron. were excepted.
and such grants were never known TO pass
title to minerals. 1t was impossible at the
what lands contained minerals, particu-
larly considering the condition of the Ter
rtory. The United States could not have
meant, in such an hour of distress to its
finances, TO give away the title to such
imperial wealth, but left the discovery of
minerals to future explorations. II was
certain rule of grants that nothing was
conveyed by implication except what was
absolutely essential to the enjoyment of
the grants.
There is, in our opinion, no force in
the claims advanced by the plaintiff Ohe
railroad company" said the Justice, and
he added that the lands had been listed at
the Land Office in 1863 had no binding
force. The purpose of Government
would be frustrated if by implication it
could be deprived of essential powers by
privileged corporations. The power of
the Land Office in deciding questions of
title were discussed, and several authori-
ties from the Supreme Court and Interior
Department cited, among them an asser-
ton by Secretary Lamar, when a. the
head of the department, that palentsShad
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 Garden and others)
demurrer.
Justices Brewer, Gray and Sbiras dis
sented from the opinion.
In the case of Primrose Us. the Western
Union Telegraph Company, Justice Gray
reaffirmed the principle that telegraph
company was not subject to a mistake in
a cipher dispatch transmitted on blank
containing provision absolving the COM
pany from damages.
Justice Harlan announced the decision
Of the court affirming the decisie n
of the California courts in conviction of
Thomas ST. Clair of numbering the mate of
the ship Hesper, while on the high seas.
Probably the most interesting decision
was one involving the standing of the In
terstate Commerce Commission, in which
case the court overruled a decision by TIL g
present Secretary of State. Justices Fall
Ter, Brewer and Jackson dissenting The
appeal brought up for review a judgment
rendered in December. 1852, by the United
States Circuit Court of the Northern Dis
trict of Illinois in The case OF The commits
sion against w. N. Crimson, J. J. Keefe
and W. r. Sterling, declaring section u
of the interstate commerce act to be un-
constitutional. The parties named, of
fcers of the company. appeared as wit
nesses before the commission, were or
dered TO produce their books, but refused
10 do so under advice of counsel and the
commission appealed to the court to COM
pei them.
Judge Gresham decided that $50 much
of section y as authorizes or requires the
courts to use their process in aid of in
quiries 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, ex-
tends TO all cases arising under the consti-
tuition or laws of the United States aud the
Of United States Circuit Courts are capa-
bic OIL exercising that power under restric-
tons prescribed by Congress. The funda-
mental principle he held to be whether
the procedure was a lease" within the
meaning of the constitution. The Circuit
Court had adjudged il not to be cease. -
The court below bad held that if the act
prescribed a penalty for refusal to testify
such proceeding it would constitute case.
" lille q civil proceeding authorized by
Congress to compel witness to testify
would not be case of which cogniZance
could be taken by any court.