The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1905-05-19
E. WARREN TooLE PASSES AWAY
AT HELENA.
FOREMOST AS A LAWYER
Brother of Montana's Governor Sue
:. cumbs to Lingering Sickness
= Served State Well.

Helena, Mont, Mont, May 17.-Ed-
win Warren Toole, brother of Cover
nor ]. K. Toole, and for over 40 years
one of the foremost members of the
Montana bar, died at his home in
this city at o'clock this morning,
after an illness of several months OF
cirrhosis of the liver, dropsy and
stomach trouble.
| He was born in Savannah, Mo-, in
| 1839 educated at the Masonic college,
Lexington, Mo-, being in the same
class with Senator Elkins of West
| Virginia, and came to Montana in
1853. He figured in some of the most
noted mining litigation of the ewesr,
being among the head counsel in the
suit between the Montana Mining
company Drum Lummond) and the
St. Louis Mining company, and for
several years has been attorney for
F. A. HeinZe.
| Edwin Warren Toole was born in
Savannah, Mo-, March "a, 1889, the
eldest son of Edwin and Lucinda
Toole. In the town of his nativity
he passed the days of his boyhood,
and was primarily educated in it's pub
lie schools.
This education was supplemented
by course at the Masonic college,
in Lexington, Mo-, and among his
classmates were United States Sena'
tor S. b. Elkins of West Virginia,
Former Chief Justice of the Supreme
Court W. Y. Pemberton and Jerry
Craven, a former Missouri congress.
man.
From Missouri, Mr.. Toole came to
Montana in 1863, and resided continu-
ously in Helena since, where he
achieved a brilliant reputation as one
of the foremost and strongest attor-
lneys before the Montana courts, he
having been connected with some or
the most prominent lawsuits in the
history of the state, and nearly all
with pronounced success. Among them
were the Davis will case, the st. Louis
Mining company against the Montana
Mining company, limited, involving an
extension of the noted Drum Lummon
mine at Marysville, and the Northern
Pacific Railroad company against R..
P. Barden ct al.
Lawyer for the State.
Upon the decision of the latter case
depended the right to millions of
acres of valuable land within the
limits of the railroad grant. Mr.. Toole
appeared in behalf of the state of
Montana, having been retained by
State Land Commissioner Martin Ma
ginnis, in the interest Of the mining
fraternity as against the railroad. lie
prepared and filed the brief in the
case before the supreme court, which
in it's decision made the following
complimentary reference thereto:
GAS justly observed by counsel for
the defendant in their very able brief
the reservation in the grant of min
eral lands was intended to keep them
under government control for the pub
lie good in the development of the
mineral resources of the country and
the benefit of the miner and explorer,
instead of compelling him to litigate
or capitulate with stupendous cor
poration and ultimately succumb to
such conditions and amendable to
such servitude as it might seem pro-
per to impose.
"The government has exhibited its
benef1cence in reference to it's mineral
lands as it has in it's disposition OF
it's agricultural lands, where the
claims and rights of the settlers are
fully protected. The privilege of ex'
plorating for mineral lands was n
full force at the time of the location
of the definite line of the road and
was reserved and excepted out of the
grant to plaintiff"
The funeral will be held Friday at
ternoon at 2 o'clock from the resi-
dence of Governor Toole.
Deceased was a brother of Benja'
min w. Toole of this city, and well
known to many of the old settlers
here-Ed.l