The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-03-13
IN UNCLE SANS COURT
Opening Session Before Juls9 Knowles
Yesterday
SOME IMPORTANT SUITS
Treasurer Nc 5orley of Jefferson
County Restrained From Selling
Northern Pacific Lands For
Taxes Until Further Orders

BUTTE, March 1.-THE United States
court convened in this city to-day and q
! demurrer in the case of the Northern Pa
cine Railroad company against County
treasurer McSorley of jefferson county
was argued. The suit is one in which the
railroad company seeks to prevent the
collection OF taxes on the unpatented
land in the state of Montana, claiming
that under decision of the supreme court
the company was not liable to pay taxes
until patents are issued for the land. In
Jefferson county, as in many other coun-
ties of the state, the Northern Pacific land
was assessed, and in order TO make a test
case the land was advertised for sale for
delinquent taxes. In all other counties
the railroad secured n stay of proceedings
on an agreement to pay 10per cent. PEN
atty in case the company finally lost it's
case against McSorley. An injunction
suit was brought against the Jefferson
county treasurer and all the points in
volved in the contest were raised i'm the
complaint. Attorney General Has
kell, who represents McSorley. fled
demurrer TO the complaint and asked
for an order on the treasurer TO proceed
with the sale of the land. In the argu-
ment to-day the railroad company was
represented by Attorney Dudley of ST.
Paul. land attorney for the Northern
Pacific, and by Judge Cullen of Helena.
In the argument the railroads attorneys
contended that the lands we're not sub
ject TO taxation by the state until the pat
ents were issued because, under a deci-
sion OF the supreme court in the Borden
case the title 10 the land remained vested
III the government and was subject to eN-
ploration until the patents were issued.
The attorneys claimed that the identitica-
ton of the lands was not complete until
the title passed from the government and
If the state had tho right to levy a tax
then the government no longer had n
right TO classify. The fact that patents
have not been issued is not tho fault of
the railroad aud the railroad must
conclude that the government did
not have time for proper
examination and classification, and until
that is done the land is not subject TO
taxation.
Mr.. Haskell argued that il made no diff
ference whether or not the government
had lien on the land, as that question
could not be raised in this court. II g said
that congress had said the land was tax
able Notwithstanding the governments
lien on 1t. The acts of the state in
sessing the land for taxation did not af-
feet the governments lien upon it.
Judge Knowles ordered that the defer
son county treasurer be restrained from
proceeding with the tax sale of the land
until the further order of the court, and
the other matters raised by the demurrer
were taken under advisement.
BY stipulation between the attorneys
the trial of the United States case against
A. +. Bray, charged with selling oleomar-
garine without it beng properly stamped,
was continued for the term.
The calendar of United States causes
will be called tomorrow morning.
The demurrer in the case of f. l.. Cong
don against the Massachusetts Loan d
Trust company was set for hearing to-
morrow morning.
A venire for % names of persons to
servo as United States grand jury was
ordered issued and made returnable next
Thursday.
The resignation of Judge c. w. Pomeroy
as United States commissioner az Great
Falls was received and accepted, the
judge having been appointed to a judge
ship in the new district created by the
legislature.
David Mikeljohn, w. II. Davidson and
Will Clark were appointed as bailiifs for
the term of court.