The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-10-09

&c court Of Appeals sustains
~ Deeision Of Judge Hanford.
-. ~.s received in this city yester-
$3.50 ne fact that the United states cir
. +. s.rrt Of appeals at San Francisco has
sssx a. favor OF the defendant ana re-
.xert' soderberg. in the important In
..ssan ease OF the Northern Pacific
.c-.v company vs.. j. A. soderDerg,
.s,.sr~ the title to the valuable granite
ssrs,s Al Index now owned ana worked
. nodefberg-
'ssar,berg acquired title 70 the forty
sS q land on which the granite y
1l fwo years ago under tne placer MN
N <.-~ The railway company took no
~. u prevent him from perfectlng MS
~ y ~ Seattle land office. but after
I'd WI attained patent brought suit
~ fsAaral court before Judge Han
u = - iris city, 10 enjoin him from re-
ss~ sfone from the land. on the
-S mai /, was within the Northern
~ and grant and was not mineral
2..<<. ire meaning of the clause In the
x--s sxe<ptjng from it's operation all
~. vsluabIe for minerals other than
~ 81 Iron.
ss1ss Hanford. on stipulated state
S-e a fbe facts In the case. decided in
~, 81 eoderberg. denying an injunc-
%~sx - IN around that the lands were
S-.gsl within the meaning OF the cx-
;-sfn. eIause and were subject 10 entry
21r Nv placer mining laws At the time
~. were located by Soderberg. From
S orrlefon the railway company took an
.1>11 which was few days ago decided
vaoSly 70 It, the higher court sustain-
r. 5s6Gs Hsnford.
u Dispute NJ "a Facts.
- \. A. BaiIinger, OF the law firm
p 11Ilneer Ronald 4 Battle. who repre-
ID op6efberE in the litigation. states
2I1 - hos not yet received a copy OF the
<uoa u the San Francisco court In the
2 ~ thinks that. inasmuch as there
- = llspute NJ 20 the facts. and the
- nade wholly on the question OF
61n6r granite was a mineral within the
11ne q the exemption clause OF the
- Innd grant. the higher court must
41 f1ol6fod Judge Hanford's view OF the
1<s HAnford's decision was handed
x1 noarly . year ago in Seattle. In IT
= 1oeihern Pacific Railroad Company
- jS-.scr dactded NJ anokane IN isa,
N2!2--y-''
a.,
ss u'ns .m .s,s u'u ~. na'e we
" LILLY 'nc aaes..on mere
l.lI<- - tHn.Vsknp ~ ~ upprhIs 70
- M studied by the counsel who
G GlI1ed this case: no opinion was
~ and the considerations upon
oeclHsnh was paScu nave not
.es .o.n.
4. 70 Justny = neparlure from
glls = proper az TINS time 10 say
e0Nrt then CONSIDERED that the
.sS. ~ !. " June q $50, nu,norix.nE
"a '.us uv "r
T7jiS VI 81 August I. isa2. authorixing
Mnax4 e Iandn chiefly valuable for
~ 80 under the placer mining
1161oo stone lands IN class sepa-
nefnct from other mineral lands
~ the inference that the word
~ us~d IN prior acts was under
- Intended In the Legislative
II lhe government as having
tp0nition, Including only metal
u10arais
oocond section OF the act OF 1897
the act of 1878 to all public lands
~ y there can be no presumption
&xeDeais the act OF 1878 by implica-
M4e court as then Informed sup
M III It's decision IN the stanton
4oe h harmony with the rule al that
U@yaiisng In the land department
~ presentation OF this case the
1yS on both sides made oral and
D arguments supporting their re-
~ euntentloua with xrent force aud
imsntng. and after considering the
- that the reasons rontroiiInr The
- II the stanton case ara Insufy,.
- ! appears also that the practice
~ 4ad department Il now governed
G4erent rule as shown by The Adj
~ tspartment In issuing a patent 10
~ oeeodans for the land which IL tha
- nf controversy In This ease
4 = re~...n...,..r
=. =.
= ~ ssmmon and ordinary signtfica-
Snrd mineral IL not synonym
Hk,Ss, ea, y comprehensive term
~ -hn, sas Nlna at stone OF rock de-
" sniirrly nanmetaliic.
~ .ss ss aaNshx chosen word 81 such
E ss1aineance 20 define the class OF
E servrd from the grant Ia the
TWn tHeiue railroad. the courts and
ss~As "Spattmnnt have no authority
etfue the act giving narrow and
~3 sNl aenniti0n to the word In order To-
Slsh w nasus ~ TIE grant and To
n ~ t..4t NrNtr " tAs ktH~Fai pQtNN
hnsis reserved. unless the ac, Il.
NsS,ioss' an. - ACTS OF eongtess prescribe
- ~. - -tttAA fFitffF an INTERPRETATION