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Show A TOWN SITE DECISION. Th. Suit Involved th. Tttl. to Certiln Land. In th. Oily of llutt. Mont. Washington, April 7. Tho United States supreme court reversed tho judgment judg-ment of tho supreme court of Montana in the case of Andrew J. Davis, appellant, appel-lant, vs. Henry Wiebold, and ordered tho case remanded for a new trial. This was a suit for damages, and involved the title to certain lands in the town of Untie, Mont. Tho case turns upon the construction to be given to tho town-site town-site law of the United States. Davis held title under the townsite eutry act of which one provision was that no title should be acquired under the act to any-gold, any-gold, silver, or coper rnin-, nor to any valid mining claim hold under the existing exist-ing laws. Wiebold claimed title under the general mining laws, and when Davis offered to prove that at the time the patent to the Ilutto townsito was issued is-sued the premises in dispute were not known to be valued for minerals of any kind, objectiou was taken on the ground that Wiebold's patent showed that, as a matter of fact, the premises did contain con-tain valuable mineral lands, aud as such could not be granted by a townsite patent. Tho court sustained tho objection, objec-tion, and this ruling, which was really decisivo of the controversy, this court overrules. T he question involved in the suit has been long in dispute, and I hero have been various, and in some instances diverse, decisions on it in tho executive departments. The United States supreme court has several times passed upon it by inference and implication, but this, it is said, is the lust direct decision. Tho court, iu its opinion, written by Justice Field, says: "Tho important question is. whether, iu tho absence of knowledge that there wero auy valuable valua-ble mineral lands within the townsit6, Davis can be deprived of the premises purchased and occupied by him because of the subsequent discovery of minerals in them, and tho issue of a patent to tho discoverer. After much consideration, consid-eration, we have come to the conclusion conclu-sion that this question must bo answered an-swered in the negative. It is true, the language of the statutes to the acquisition acquisi-tion of title to mineral lands within the limits of townsitesis very broad, but iu strictness they provide only that the provisions of the townsite law shall not bo the means of passing title also to valuable mining lauds. We think they must be held merely to prohibit the passage of title to mining lands then known to exist, and not to prohibit acquisition ac-quisition for all time of mines which then lay buried unknown in the depths of the earth. "Tho object of the townsite act was to afford relief to inhabitants of cities and towns upon public lands by giving valid title thereto. Under such protection protec-tion many towns, with buildings of great value, have grown up. It would in many instances be, a great impediment, impedi-ment, to to the progress of such towns if the titles to land occupied by their inhabitants in-habitants were subject to bo overthrown over-thrown by tho subsequent discovery of mineral deposits uudor their surface. sur-face. If their titles would not protect pro-tect them against the discovery of mines in thorn, neither would it protect pro-tect them against the invasion of their property for tho purpose of exploring for mines. The temptation to enter into such exploration would be according accord-ing to tho suspected extent of minerals, and being thus subject to indiscriminate invasion the land would be, to one having hav-ing tho title, poor and valueless, just in proportion to the supposed richness and abundance of its products. We do not think any such results were contemplated con-templated by the act' or that any construction con-struction should bo given to it that would lead to such resulM." FOIt NEW SILVEIi COINS. Director of tho Mint Leach has issued n circular to artists for new designs for subsidiary coins. The general features of the present coins will be preserved to a consider able extent. Tho. coi.is to be changed are the silver dollar, half-dollar, iiuarter-dollar and dime. These changes are to be made under tho act passed at the last session of congress, whicn appropriated tflj'I.OO') for tha purpose, and is available July 1st. Director Di-rector Leach thinks that from'.'. 000.000 to ,?;i,000,000 of the unavailable 'O.OOO,-0DO 'O.OOO,-0DO in the treasury can bo rcoined I with this appropriation. Tho gold coins are considered satisfactory, and it is thought they will not be cnanged. The desigus after being selected will not bo changed for twenty live years. TUB NEW ASSISTANT SECKKTA 11V. Ex-Representative Lorenzo Crouuz of Nebraska has accepted the office of assistant secretary of the treasury tendered him by Secretary Foster and will bo appointed by tho president in a few days. |