The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-04-04
1nE cAsE REVERSED.

Another Montana suit Ia the Tinted
states supreme Court.
The supreme eourt Of the United states.
through Chief Justice Fuller has handed
down a decision in ths case OF Moses Man
uel. plaintiff in error, versus lvur Wu.n.
Il was an appea, from the supreme court Of
Montana, the Judgment OF which IL reversed
with costs. The cause Is Temanded with
direction 20 reverse the Judgment Of the
court below aud for further proceedings In
conformity with the opinion OF the court.
There were three cases involved In the
Manuel Wulf controvefsv Two we're on
law points and the other on questions OF
praotlce. 10 was an action between two
mants OF a mining claim. The defea-
daRt az the time of his purchase OF the
claim Was an alien. but VS. made a clhfsn
o the dsg Of the trial 10 was held BY the
supreme court OF the stats OF Montana that
under the law only citizens OF the United
states, and those who had declared their
intention 70 become such, could apply 20
purchase mineral lands Of the government,
and that as such lands were NOT open TO
exploration, occupation or purchase by
aliens, the defendants act OF naturalization
could not retroact 20 his purchase or posses
sorry right 20 q mining claim upon the pub
lie domain. 1 be opinion OF the supreme
court was written by Justice Dewitt, who
said. "On Nov. IS 1887. she defendant.
Moses Manuel applied 20 she land office for
patent for the Marshal Ney claim. Tbs
plaintiff. Ivur Wulh, iled an adverse
claim. bAsing his claim on bis location of
the Columbia lode. The case was sent 10
the district court OF Lewis and Cha Ike
for trial. Wulh's location OF tae Columbia
was made july !, lss2, b. Henry Phaume.
a citizen, who on Nov. 80, 1855. conveyed u
70 Fred Manuel who two years later con-
veved II 10 fvur Wu II. ManuePs claim
vas that the Marshal A-y was located
March 10. 1856 by Alfred Manuel. who, IN
the language OF the answer. vas then and
now Is citizen Of the United States"
Alfred Manuel conveyed the claim TO Moses
Manuel IN Oetobe-, los5. IL WAS conceded
that Noses Manuel vas al alien until May
y. 1889 when be was made O citizen during
the rogrsss Of the trial. The Lewis anu
Clarke county court non-suited Moses Nan
uel for the reason that az the time when the
Marshal key Was conveyed to him, aud
when he made application for patent and
the action was eommsnced, be WAS an
alien The court refused to non-suit
Wulf. though 10 WAS hold shat Fred
Manuel was an alien when be received title
from Phaume and { ansfefted IL 20 Wuln.
Judgment Was rendered for Muih for pos
session of the remiEos. motion for a
new trial was denied. An appeal was taken
from the order denying a new tsial, and
from the Judgment as veil. The Montana
SUI rene court affirmed the district court.
The supreme court OF tho United states
rsVerses the Montana supre me cOu.t, but In
what particulars 10 not stated. Until a
copy OF the decision Is received 10 Will not
be known whether the ruling barring aliens
from purchasing miuing claims from the
government is reversed, or whether the
reversal plies only 70 she non suitinR Of
Manuel, without allowing a similar non
"a - al - ma rr