The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-04-06
1Western Montana News

with the object OF impartially develop
ing all the facts and, in my opinion.
the officers acting under this authority
have nothing left them bug to follow
the instructions prescribed"
Mr.. Dudley, in reply, said: Il wish
to call counseIs attention to rule 81 of
the Rules of Practice, directing the reg
lister and receiver to get at the actual
facts; also, to the letter of instruction
to the register and receiver of the Mis-
soula land office, dated Aug. 10, 1895,
stating that IL shall be the duty of
the attorney representing the govern
ment at the hearings, to show the true
character of the land involved 1
must also express my regret that the
counsel is not more familiar with the
well-settled practice of courts OF hav-
ing an examination of the premises by
the Jury whenever the question at issue
Is one which such examination Will de-
eide. At the close of the testimony, 1
shall renew my offer and, in view or
the fact that there may be no appro-
priation from which the government
can pay it's half of the excuses, we will
pay the expenses of the register and
receiver or such agent as they may
select and all of our own expenses in
the making of this examination"
Mr.. Scales reply to this was very
em~hatic He said: THE proposition
alton for discovering the facts involved
in this case. and is only another way
of ascertaining the facts, but different
from that prescribed by the statute of
Feb. 20, 1895 The instructions of the
commissioner OF the general land office
of April 10, 1895, states Whenever
the mineral land commissioners are in
doubt as to the proper classification of
any particular tract or tracts Of land,
:
dence as may be accessible and may
take the testimony of such witnesses
as may be deemed necessary 1t has
been the custom of the different boards
of land commissioners in Montana and
Idaho to publish in the newspapers
their intention as to what lands they
will undertake to classify at a given
time and to invite all parties interested
in the classification to be present and
aid them in developing the facts. 1t
has been the custom of the Northern
Pacific railroad company to have with
each board during the time that these
examinations are being made, a min
ing expert, whose duty IL seems to be
TO represent the interest of said rail-
road at the time these lands are being
classified.
THE instructions referred to further
direct that: The various boards shall
freely avail themselves of all testimony,
formal or informal, likely to aid them
in making an accurate classification,
inasmuch as a fair and reasonable
classification will render improbable
much vexatious and expensive litiga-
ton that might follow under other pro-
visions of this act Rule 81 of the
Rules of Practice, referred to by coun-
sci, does not, nor does the letter of in
structions to the register and receiver
of the Missoula land Office, dated Aug.
10, 1895, extend the authority given to
officers of the government in determin-
ing the facts at issue. The letter quot
ed only shows the great desire of the
commissioner of the general land Office
to develop the actual facts in each par
ticular case. This hearing was ordered
on protest filed by the Northern Paci-
on their motion.
las to counsers expression of regret
at my not being more familiar with the
settled rules of practice of the courts, /
have only to say that ii is a misfortune
to the government and not to the rail-
road company. But / do not believe II
to be a well settled practice of the
courts to have the juries of the country
go out in search of testimony for the
purpose of deciding the issue in any
trial whatever. 1t appears to me that,
under such procedure, some difficulty
might be experienced, in case of appeal
from the decision of the lower court of
getting all of the facts upon which the
decision of the court was based, into
the record for inspection of the court
of last resort.
THE liberal proposition of counsel of
paying expenses of officers of the gov
eminent in making excursions through
the different parts of the state, in or
der to make a personal examination of
any tract of land that may arise in
these contests, so far as / am individ-
ually concerned, If IL is extended TO
me, l must decline respectfully and
with thanks. IL accords with the we'll
known eleomosynary intentions of the
Northern Pacific railroad company. 1t
is true that, in the case now being in
vestigated, a hardship rests upon those
witnesses for the government who must
pay their own expenses i'm attending
this trial and trying to protect their in
terests and those of their neighbors
that appear to be jeopardized in this
issue. 1t is a matter of regret that
some appropriation was not made to
cover these expenses. However, in this
particular case, the hardship may not
be so great as i'm some others for we
have in our party some good poker
players. who can provide the funds for
paying hotel bills. and we expect TO be
with them in the last ditch"
The further examination of witnesses
in this case promises TO continue
through the larger part Of this week
and a case that would, IL was expected.
be concluded in two days will have
consumed seven times that period.
HOTEL GUESTS.
Missoula. April 5.-Guests at the local