The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-05-27
SUPREME COURT DECISIONS.
Northern Pacific Loses an Important
Land Title Case.

WASHINGTON, May 26.-The Supreme
Court finished its session for this term to-
day and announced it's decisions in many
cases before adjourning for the summer va
cation. Rarely in the history of the coun-
try has it met on Saturday. but several
justices were anxious to leave the city to-
day and, on account of the number OF
cases submitted, the justices were obliged
to sit in consultation up to the latest pos
sible day. One of the attorneys within the
bar was Mrs. Belva Lockwood, of Wash
ington, ID. 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 it.
The first one of the most important cases
was that of Richard Barden and others
against the Northern Pacific Railroad Com
pany. AS a test case it involves the title
TO many thousands of acres of mineral
lands along the Northern Pacific railroad,
principally in the State of Montana and in
cluded within the land grants to the road
from the government under the act of July
3 1864. Under the terms of this act mineral
lands were excluded from the terms of the
grant. Mineral deposits OF gold aud silver
were discovered on some of the lands sew
eral years after the railroad company had
taken possession and suits over the title
enSued the question at issue being whether
the language of the act meant that only
lands found to be mineral at the time the
grant was made were exempted from its
operations, or whether subsequent discov-
cries that these lands were mineral in
character would deprive the company of
any title to such lands. The land grants
included alternate odd numbered sections
sor width of forty miles along the road
line, embracing in all about eighty thou
sand square miles. In the Barden case. the
Circuit Court of the district of !lontana
decided in favor of the railroad. che lower
court favoring the claimant and the Cir
cult Court OVerruling IL.
Justice Field delivered the opinion of the
court to-day, asserting that a want OF
knowledge at the time OF the grant of the
land reserved would not give title to such
lands. and that il would not be claimed
that 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.
and It seemed plain as words could make
il that mineral lands known and unknown
states 1t was difficult to see on what
principle the word known could be in
serted into the act of Congress- The terri
Tory was known TO embrace great Quanti-
ties IN minerals, including gold and silver,
md in all grants OF lands TO railroads min
eral lands. except coal and iron. ex-
cepted, and such grants were never known
20 pass title 10 minerals. IL was impossible
az the time of the grant for Congress TO
know what lands contained minerals, par
sicularly considering the condition of the
territory. The United States could not
ave meant in such hour OF distress to
Is finances to give away the title TO such
.lperial wealth, but left discovery Of min
rails 10 future explorations. 1t was a GER
ain rule OF grants that nothing was con-
eyed by implication except what was alb
lutely essential TO the enjoyment OF the
rants There is. In our opinion, no force
II the claims advanced by the paintin (the
railroad company. said the Justice. and