The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-10-26
IN The SUPREME COURT.
Two Important Gases Which VIII
BE Argued Next Week.

Ap' tAfNA @NN4Ai ~ tCh-
Injunction Proceedings Involving
Red Lake Jnceded Indian Lands.
The Secretary Of the Interior Nam
cd a. IA DeTendnut-A Controversy.
Two important suits Will D taken mp ia
the Supreme Court next week. They will
decide questions Of deep import concern
ing the rights Of the Interstate Com
myrCc Commission i'm the one case. and Of
the Interior Department in the matter of
ownership Of public lands in the other
The first suit IS that Of the State of
Minnesota against the Secretary OF the
{ Interior, 20 Cnjoin the Secretary and the
Commissioner Of tn General Land Office
from selling sections l6 60 % I'm what is
known as the Red Lake unceded Indian
lands in Northern Minnesota comprising
about 100000 acres OF choice timber lands
The immense tract Of land is valued al
several million dollars. and both the
United States Government and the State
Of Minnesota viii make a fight for the
ownership. The contest before the Su-
preme Court promises 10 be ana interesting
one. and viii form "A precedent in other
cases of a similar nature. where both the
Federal and state Governments contest
tn, possession q public or uuceded lands
When the case was pending in the Land
! Oliice Secretary Hitchcock held that the
| State Of Minnesota was not entitled 10
the lands. The case arose in 1857. when
| Congress passed an act authorizing the
| formation Of the Minnesota State Govern
mcnt and made a proposition 10 the State
| that sections IS 10 &c in the State should
! be reserved for public schools. and Of
I fTrtf tho land "a b.. In IN
! pose. Minnesota accepted the proposition
/ IN its constitution, and has always held
/ the lands until the present time. when
| complications have arisen
! When the Red Lake country was open
| ed for settlement in 1880 the State claimed
/ the disputed lands in the previously uu-
/ coded territory. Thomas II. Carter. for
| mcrly Senator from Montana. and then
: Commissioner OF the General Land Office.
/ held that the state Of Minnesota was en-
| titled to the lands in question. and so
/ rendered his opinion Secretary Hitch
/ cock recently overruled this. and insisted
/ upon selling the lands. II is under these
! conditions that the State Of Minnesota
I has decided 20 institute suit 10 prevent
/ the sale.
/ The state viii be represented before
/ the Supreme Court by Frank B. Kellogg
I counsel FOR many OF the most important
/ railroads u the country, and member
I OF the law urm OF Davis. Kellogg 81 Sev-
J GRANGE, Of which the late Senator Cu-h-
+ man IL Davis was the senior partner
/ he IS general counsel for the Chicago
/ Great VI csteru Railroad and most of the
/ big trunk lines Of Chicago. His headquar-
/ Cers are at St. Paul
/ Mr.. KcIIogs is also counsel in a second
1 suit which VIII be instituted before the
I Supreme Court in the case OF the
Interstate Commerce Commission
| against the chicago, Burlington. and
/ Quincy Railroad, the Chicago Great West
| ern, the Chicago Northwestern. the Chi
/ cago, Milwaukee, and St. Paul. the Atch-
! lSOn, Topeka. and Santa Fe, and the
I Rock Island roads.
The suit has been brought by the In
ter-State Commerce Commission 70 en-
| force It's order. made two years ago di-
{ rectlng the railroads 10 cease charging s.
, Tor delivering stock over the tracks Of
the Union stOCkyarls IN Chicago. The
railroads have contested the case through
the lower courts. and are prepared 10
| make determined stand against the
J Commission before the Supreme Court
/ The case. as decided ia the lower courts,
was IN favor Of the railroads. The IN
ttr-State Commerce Commission was not
upheld, ana has row brought the matter
I TO 4 head. In the case is involved one Of
I tic great Questions Affecting the powers
and scope Of the Interstate Commerce
/ COmmlSsi ion, and IL viii be followed with
{ the greatest interest by the legal profess
sion throughout the country The Su-
preme Court VIII determine whether the
terminal charge from its regular rate.
and in addition 10 that rate. The lower
courts held that they could This case
F. Is also set for Monday.
/ Associated with Mr. Kellogg in the case
are Lloyd ". Bowers. counsel for the
/ Chicago Northwestern Railroad and Rob
ert Dunlop. counsel for the Atchisgu To-
/ p-Ea. and Santa Fr The party arrived in
{ aShlnStou last night from s. Paul,
and VIII remain until the case has been
Z settled by the Supreme Court
/ Considerable interest attaches 20 the
I cases, as they are both original suits