The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-04-06
METHODS OF THE Mp.
Contest Against the Mineral Land
Commissioners Report.
THE RAILROADS WITNESSES
They Are Many and Under No Ex-
pense or Inconvenience-The
Arguments of Attorneys
Dudley and Scales.

Missoula, April 5.-During the whole
of last week the United States land Of
fee here was occupied by counsel and
witnesses in the first contest case made
by the Northern Pacific railroad COM
pany against the first classification re-
port made by the mineral land COM
missioners. The land involved is about
a section and a half in Camas prairie,
near the hills, and was classified by the
commissioners as mineral land. There
are on the land some quartz prospects
from which ore has been taken ana
from a creek which runs through the
upper portion of the land the commits
sioners themselves panned gold at the
time they made the examination. The
contest against the decision is very
severe one and is conducted by General
Land Attorney Dudley and his assist
ant Mr.. Sanders, of the Northern IA
cifc Railroad company.
During the week the Standard has
noted the progress of the case and has
referred to the severity of the examina-
ton by the railroad attorneys. That
there is more involved than the mere
title to this section and a half of land
is apparent Back of this land is
large area of hilly and mountainous
land that is unsurveyed and that
should be classified mineral land, as II
will. unless the railroad company sue
ceeds in reversing the decision of the
commissioners in the case now in pro-
gress If this contest is successful II
will be easy to contest the classical
ton of the adjacent unsurveyed land.
1t may be that this is the motive of the
railroad company in making such
strong fight in this case.
The railroad company's witnesses are
brought here at the expense of the
company and are the company's guests
while in town. They are under no ex-
pense, and II is no hardship for them to
remain here indefinitely On the other
hand, owing to the failure of the min
eral land bill to provide any means for
securing witnesses, the witnesses Tor
the government are compelled to come
here at their own expense and TO MAIN
tain themselves while here. on this &C
count IL is difficult to secure witnesses
other than those who are directly in
terested in the land i'm question, as all
who are familiar with the land are
either farmers or miners who can Ill
afford to spend time or money. The re-
suit is that Special Agent Scales, who
. represents the government, is seriously
handicapped in conducting his case.
Ii ought to be generally understood
that the defense of the mineral lands
of the state devolves In large meas
ure upon the people of the state itself,
and that If this vast treasure may be
retained by the state there should be
some concerted effort on the part of the
people to see that witnesses are at hand
to defend the report of the commits
sioners. The government cannot even
subpoena witnesses, and IL is therefore
necessary for those interested in the
cases as they come up for hearing TO
see TO IL that witnesses are on hand.
The railroad company has the long end
of the contest on this account, and the
of fmmpdiatp action
by the state commissioners is apparent
and cannot be too strongly empha-
sized.
Another phase of the case was devel-
oped yesterday during the cross-exami-
nation of Mr.. Hennigan, one OF the
railroad companys witnesses. Mr.
Scales, in his cross-questioning, was
inuuiring as to the witnesses actual
knowledge OF the water courses on the
land, when Mr.. Dudley, for the railroad
company made the following PROPOSE
ton:
I'VE propose that. before this case is
decided or at the close of the taking
of testimony herein. or as soon there
after as is practicable, the officers of
this land office, or one or them if both
cannot leave. go over this land accom-
panied by a representative of either
party, or by such parties as they will
desire will accompany them, for the
purpose of getting a clear and accurate
conception of the property and for the
further purpose of having settled be-
yond all dispute all of the questions as
TO the actual location OF rocks, creeks
and every evidence that appears upon
the ground, of the existence of mineral.
For this purpose we VIII pay one-half
of the expenses of such exploration. If
the register and receiver can neither of
them visit the land in person. will
propose that they designate some com
petent, disinterested mining man in
whom they have confidence, who shall
make such examination, accompanied
by the parties suggested above and
make a full report, such report to be
duly verified and such agent of the
register and receiver to be subject to
cross-examination by the parties
claiming the land to be mineral and by
the attorney for the United States, IL
they so desire. We make this PROPOSE
ton in order that the actual facts as
TO this land may be fully brought out,
the only purpose being TO get at the
facts"
To this Mr. Scales, for the govern
ment. replied as follows: LAS the rep
resentative of the government in uhis
hearing. j cannot concede TO this prop
osition. First, because / know OF no
better or fairer way of developing the
facts in this case relative to the min
eral character OF the land than what
we now follow and is prescribed by
law. In the second place. know of no
legal authority for the register and re-
ceiver of this land Office nor OF N.Y.
self, nor of any other representatives
of the government going on a junket-
ing excursion with the representatives
of the Northern Pacific Railroad COM
pany and with their mining and pros
pecting experts Again. i know of no
law by which any OF the parties named
In Mr.. Dudley's proposition would have
authority TO constitute themselves
jury of review. Presumably. the law
prescribing the method by which the
facts touching the lands in controversy
may be developed was passed after
due reflection and great consideration
by the congress OF the United States,
that the rules and regulations prescrib-
ed under that law by the commissioner