The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-03-07
At Least One Recourse Left
State of Minnesota.
A PERSONAL SERVICE
Official of the Department Of JUS
tice Points the Way.
DECISION OF COURT ANALYzED
Legal Opinion Quoted by The Jour-
nal Yesterday Is Endorsed at
.s..r Washington.

From, The Journal Bureun, Room Is Post
Building. Wushtngton.
Washington, March 7.-Ofhcials Of the
department Of Justice indorse the opin-
ion Of the Minnesota lawyers that the
state OF Minnesota is barred from bring
ing suit in the United States court to an
null the merger. One of them said to-day:
The supreme court decision was in effect
that the state Of Minnesota could not bring
suit in the supreme court or any other
United States court against the Northe
Pacific or the Great Northern. which are
corporations and citizens of that state. The
states remedy is in it's own courts. That is
the gist OF what the supreme court unani-
mously decided. 1t is not a new law nor new
Interpretation of law. 1t has been held fire.
quently in cases that have come before the
court.
When this official was asked how the
state could bring the Northern Securities
company into Minnesota courts, he sug-
gested that service could be had on one
or more of it's officers. He said that
James J. Hill is often in the state He
is high official in the Northern Securi-
ties company and service on him would
he thought, be sufficient.
SMELLING Fort Smelling has been
definitely and permanently
WITHDRAWN withdrawn from the con-
test to be one of the large
military training posts of the country
The other day the secretary of war an
nounced that he favored Increasing the
number recommended by the army board
from four to six, and at that time it was
understood that if Smelling had been an
applicant her, claims would have been con-
sidered. Secretary Root says that he IA
vors a post somewhere between Camp
Douglass, Wis, and Lake Superior. In
order for: Smelling to be available for the
purposes of great training post it was
necessary that the government reservation
there be Increased to about twenty five
square miles-impossible and undesirable
from every point 5f view. Even If the
government were willing to buy this ad-
dit1onal land, it probably would be i'm
wise to authorize the purchase. The ter.
ritory in and near Minneapolis, which the
only territory available for this purpose
! will be more valuable for other purposes
| and it is said that the prospects for future
growth towards the south city limits have
| brought about O. dstariasaation on the par
Of those most deeply. concerned not tt
press the claims Of Fort Smelling to be on,
of the big training posts She will b
| pressed, however, for one high grade arm,
posts, and there will probably be nothin,
I III lie way VI ScLCluS LOT ueI WudlSVei II
] desirable in that direction. Nothing will
be done by the Minnesota delegation TO-
| a month yet.
| CHANCE FOR It is the opinion Of off
-' Gals of the department o
BARROWS.> justice that Captain Ere
| .'@ Barrows can be release
on bail pending the decision of the asu
preme court on the question to try volun
| teers. Captain Read, who was convicte
| with Barrows of commissary frauds i
Manila, has been released in this way
In the Barrows case everything will de
pend on the view taken of the questio
by the courts in Manila. It may be tina
If habeas corpus proceedings are begur
| the court may hold that Barrows canno
| be released as his case was not. directl
at issue when the circuit court OF ap
peals handed down it's opinion. 1t wa
| announced at the department Of justic
to-day that objection would be made t
bringing any more prisoners from Manila
as was done with Read. This may com
plicate Barrows case in the event tina
he tries and falls to gain his liberty i
Manila. The war department, however
has the final word in this matter.
| w. w. Jermane.