Great Falls weekly tribune., 1895-06-28
lance from the scene of the recent riots
against missionaries.
FEDERAL DISTRICT COURT,

| Decisions The Northern Pacific and Mon
tana Central winners.
Special to The Tribune.
HELENA, June 22-Judge Beattie, who
Tor few weeks last April occupied
Judge Hiram Knowles bench in this
city, has just delivered an opinion in
TWO OF the most important cases which
were argued before him. The first was
that OF L. f. Oakes ct al, receivers of
the Northern Pacific, vs.. W. G. Meyers
treasurer Of Jefferson county. In his
statement of the case the Judge SAYS
that the complainants as receivers of
the Northern Pacific by this action ask
to ef jofn the collection of taxes levied
by the state and in their complaint al
lege the grant by the government of the
odd sections of land within the limits of
said grant; that the company has per-
formed all acts devolving upon it and
desires and has demanded patents from
the government for the same, but these
have been refused for the reason that no
mineral lands are included in the grant
and because some of the said odd sec.
tons may be mineral the government
is now investigating the facts and will
not Issue patents until it mas deter
mined what lands are non mineral; that
in this condition Of the title the defend
ant has assessed taxes on all the lands
In said odd sections regardless of whether
they are mineral or mineral, and
is proceeding to sell them for the nom
payment Of said taxes. The railroad
company has at present no clear title of
any kind to these lands and cannot have
until after the examination and classiti.
cation asked for but it is SO repeated in
different parts of the act that no doubt
Of the design of congress can be enter
tanned. If the company has no present
title it must follow that it remains in
the government and that the state can
lot exercise the power of taxation. 1t
s, therefore, ordered that the demurrer
Je overruled and that the order operate
% continue the existing restraining
,rder.
The Montana Central railway com
oany We. a. +, Midgeon ct al. On July
:, lc'o, the Morning Star lode was To-
ated IN the summit Valley mining dis
rict. October -, 1878, the Noyes placer
lam was located including in part the
Iorning Star location. On July %, 1880,
patent was issued for the placer claim
nd subsequently portion thereof was
onVeyed to plaintiff, and is
ow used as depot for
he Montana Central and for other pur
oses. January l. 1882, the Childe Harold
ode claim, now owned by defendant,
'as located on the discovery of the
lorning Star location, a lorton of
'hlch includes portion Of the Noyes
LAGER claim. On September q, 1887,
efendant made application for patent
the Childe Harold claim and the
lalntltf brought this action in support
is adverse claim made in the land
lice, and now asks that the title to '
le ground in conflict bequieted. From !
10 testimony of witnesses it becomes
early evident that mineral locations for t
lrface purpose and value to be used as
'wn lots were made in large numbers,
1d that too without apparent thought i
at such was illegal. That this placer s
aim includes part of the Morning
tar lode, and had been located before :
le latter had been forfeited, is an objec-
on that 1annot be considered as COL t
teral attack upon patent. Therefore, !,
dgment must follow for the plaintiff, .
asked for and it is now SO ordered, /
ounsel were granted three days to take !
~ steps desired
on for Denver. u