The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-03-05
FIGHT OVER ITS LANDS
NORTHERN PACIFIC AND THE
UNITED STATES MIX UP
Million Acres of Montana Dirt
Which the Government Holds as
Exempt From the Grant Because
of It's Containing Minerals.

The Northern Pacific Railroad COM
pany will, next week, seek to recover
100000 acres Of land which, it having
appeared, possesses deposits Of mineral
other than coal and iron, are excepted
by act Of congress, from the land con-
tanned in the government land grant to
the railroad company.
These lands are located in a dozen
townships in Montana and the Occur
d Alene mining district of Idaho, and
are for the most part uneXplored, so
that 1t is impossible to say what mar
velous riches they contain. The land
Is situated in F1athead, Missoula, Sill
yer Bow, Lewis and Clark, Deer Lodge
and Granite counties, and, although
part Of the original grant, are in the
possession of the government, and
open for miners and prospectors for
location and exploration.
The Northern Pacific company will
seek to regain possession Of the land
In series of contests, and the history
surrounding the matter is quite inter
esting. The original grant to the COM
pany was for every odd-numbered sec
ton for distance Of forty miles on
either side of its tracks, but lands con-
tanning minerals, except coal and iron,
were excluded from the grant.
Three years ago congress passed
bill providing for a special commits
sioner to examine the lands in the grant
within the states of Montana and Ida
no, and determine which Of them were
mineral and which agricultural.
In case the railroad company felt ag-
grieved by any of these classiications,
an appeal was allowed.
In the event of such an appeal, a con-
test was instituted in the land office
nearest the land involved, and the in
terror department, after receiving and
passing on the evidence on both sides,
made a final decision.
The work of this special commission
er was SLOW the first year, but, during
the second year, sweeping classical
tons Of large bodies of ground in
mountainous country were made as
mineral, and were quite promptly con-
tested by the railroad company.
The hearings were for some reason or
other continued from time to time.
Heretofore it has not been the policy
of the government to interfere in these
contests and the claSSificationS Of this
special officer were not defended by
counsel. AS the matter was one of
general rather than individual interest,
and as there was no provision for the
payment of witness fees by the govern
ment, the contests thus far held have
been easily in favor Of the Northern
Pacific. Their experts would be on
hand and the evidence of the govern
ment special commission would be con-
traverted, and there being no one on
hand to defend the commissioners re-
port, the contests generally went by
default, and the lands reverted to the
railroad company.
This has all been changed however.
Several days ago H. H. Schwartz, Of
Washington, passed through here on
his way to Missoula. Mont, as a special
attorney and land agent, to defend, in
these coming contests, the classification
Of the mineral land commission.
Almost the first move Mr.. Schwartz
made was to try to have the contests
transferred from the land offices to
points situated in the neighbOrhood of
the lands contested so that witnesses
might appear and testify without being
subjected to heavy transportation
charges. This special agent is auth
orized by the government to pay wit
ness fees in producing testimony as to
the mineral character of ground re-
turned as mineral by the commission.
A contest involving a large body Of
land in the Fisher river country in
Flathead county in Montana, is set for
Monday, at Kalispell, but it is under
stood that such change will be asked
for to some point nearer the lands in
volved This request will in all proba-
bility be granted.
1t was stated yesterday in st. Paul,
that this activity on the part of the
government will probably result in re-
storing to the public domain for ex-
ploration and mineral location, a large
amount of land which would otherwise
revert to the Northern Pacific by de-
fault.
AS already stated, little is known of
the hidden treasures these lands are
supposed to contain, but it appears
from surface indications that the
Northern Pacific people will have a
pretty struggle to again secure pos
session of them.