Minnesota weekly times. [volume] (St. Paul, Minn.) 1854-1859, 1855-05-01
The Reserve Lands-Report Of Mr.. Browne.
WASHINGTON, d. G.. March %, 1855.

SIR:-On the llth day of September last, tina
portion of the Fort Smelling Reserve lying on tn
left bank of the Mississippi river was offered a
public sale under Proclamation of the President
a cory of which is hereby transmitted. In accor
dance with the notice thus given, the sale too
place at Saltwater on the day aforesaid, and wa
attended by large concOurse of people interest
cd in the purchase of the lands and all the land
offered for sale, were bid for and purchased at tn
minimum price established bv law.
In letter dated the 18th of September, tn
Register and Receiver of the Land Office at Still
water, notified the Commissioner of the Genera
! Land Office of their belief in the existence of
combination, which prevented said lands from
| being sold for more than the minimum.
On the 4th of October they were instructed by
the Commissioner to report the facts and circum.
stances going to show the existence of such com
bnaton, with the testimony they might be abl;
to procure on the subject. In letter of the 9th
of December, these gentlemen replied that thei,
''belief in the existence of the aforesaid combna-
tion was based mainly upon public rumor,'' &c.
and Sc that the utmost harmony prevailed during
tho sale.' The commissioner in Il letter ,iat led
February I'd, 1888, ensures these officers for
having in their communication Of September 18th
by implication at least, charged the purchasers at
the sale therein referred to, with being guilty of
an offence against the laws of their country, for
which, # convicted, each would have been liable
10 fine Of one thousand dollars ana two years
Imprisonment, AMI that too upon mere rumor,
whch upon investigation seems to have Leen
without any tangill. ioun lit;on. a copy of
this correspondence is herewith submitted.
1t is provided by the Ash section of the Act of
March 3lst, 1890, regulating the sales of public
lands, that, If any person or persons shall before
or at the time of public sale Of any of the lands
of the United States, bargain, contract or agree,
or shall attempt to bargain, contract or agree
with any other persons, that the last named per
Il
land SO offered for sale, or any parcel thereof, Or
shall by intimidation, com 'jination or unfair man
agemcnt, hinder or prevent any person pei sons
from bidding upon or purchasing any tracts of
land so offered for sale, every such offender, his,
her, or their aiders and abcttors, beng thereof
duly convicted, shall FIR every such offence be
fin d not exceeding one THOUSAND dollars, or i'm
priSonment not eXcee Ting two years, or both at
the discression of the court.''
| desire to call your attention to several i'm
portant facts connected with this subject, and to
submit for your consideration, such proofs are
in my possession, tending to show that such a
combination did exist; that the Register and Re-
ccvcr at Saltwater could have obtained the proofs
had they performed their duty that no inyest-
CATION under Official Instructions has taken place:
and that if thcs, S lies arc confirmed the govern
ment will be dcfrauded out Of three hundred
thousand dollars, whici of right belongs to the
people of The United States an not 10 the citizens
Of Minnesota.
The act of March d.lS07, securing the govern
mcnt the exclusive ri .ht to the public lands, pro-
vdes that ''persons taking po>s ss;on of or making
settlements on any lands ccdcd or sccurcl 10 the
United States, not previously sold or the claim
to which has not b,rn recognized, or persons
ing such lands to be occupied, surveyed &C., until
an hor.zod b. law, forfeit their right &c."
Under the prov.s onS OF the act of Au.uSt 10th
1888, reducing the limits Of the Fort Smelling Re-
serve, the Proclamation o. the President off ,rs for
sile certain lands within the Reserve on the left
bank of the Mississippi, :: rl,ich lands are not
subject 10 pre-emp'ion ciaiEss."
In the month of February last visited thcs,
llnds personally. and found that claim houses
had been built upon them for several years past
that long previous to the sale, these pretended
claims had hecn in the possession of speculltors
living in St. Paul. and that the actual value Of
said lands for more than twelve months past has
been from forty to three hun lred dollars per
acre.
The port on Of the Reserve offered for sale, lies
between the towns of St. Anthony and St. Paul,
and derives its value from the proximity of these
towns which are but nine miles apart. Some OF
these lands bordering on the town of st. Paul,
were heli at two hunlrcd dollars an acre, pre-
viouS to the sale and arc now much more valua-
bic. The average value of the whole tract is at
least eighty dollars per acre. consider the value
an important point, tending to show the existence
OF a combination to prevent the government from
deriving more than the minimum price. No pre-
cmpt.on other rights were recognized by law,
and free competition was invited by the terms of
the proclamation.
To suppose that the land agents and spccula-
tors who were present, were prevented from BID
ding from motives OF personal f-ien lship for the
claimants holding possession of the lands, would
be to east an imput ttlOn upon their character as
business men, not compatible c with tn, known rep
utatior of ltnd spccul,tots throughout Minnesota.
IreSpcctfully submit copy Of protest gn d
by LYMAN {. DAYTON, and fled in the neral
Land Office, showing that on the Sth day of Au
gust--a month previous to the sale, Charles T..
Re, sold to sad Dayton, foriy-s,ven acres of
land wi hin the reserve, for tn; sum of 81 .937.
which md the said Rice bought at pnblic sale on
the llth of September, fot ST - per acre., or
about 500.
In til, agreement accompanying the protest { a
copy of which is also submttel) MIR. Kce '.binlS
himself to the amount of the consideration paid
to him, to use his influence and do every thing for
the protection and securing of the claim to the
said Dayton, as if he alone was interested, and
il is aisU agreed that the said Dayton pay
to be paid, pro rata expense OF obtaining title
to the lands, he to incur all the risk in the prem
ses, and possession of said land to remain in the
said Rice until title is obtained rs aforesaid"
In its relation to the Government, this case
stands upon precisely the same footing rs all
others.
Most Of the claims in whole or in part changed
hands at high prices, ranging from forty to sevc-
raj hundred dollars per acre. previous to the sale.
| contend therefore that the following facts are
established
lst. That portion OF the lands sold at the
government sale for 81 p per acre, or about 500
in the aggregate, was sold one month previously
at private sale for about S+l per acre, 81 1927
in the aggregate.
ID That if Mr.. Dayton was not aware of the
existence of - combination and was not deferred
from bidding by that knowledge, it would have
been to his interest to bid from ST. 25 per acre up
to the amount which he actually paid, because he
could thus have obtained without risk and directly
from the government n tract of land for which he
paid 81 ,92I with all the risk which attaches to a
transaction not valid in law. See sec. 5, Act
March 81, 1880.
Sd. That MIR. Rice bound himself in consider
alton of a pro-rata share Of the expense from
Dayton, to ''use his influence and do every thing
in his power, to secure the claim" when the only
process required by law was for the said Dayton
to bid more than any other bidder.
These lands were not subject to pre-emption.-
But even if they were, as there appears to be a
strong prejudice in the new Territory in favor OF
the original settlers and claimants, whether thei,
claims be legally made or otherwise. the result
would be the same. The purchasers would under
the act of September 4th, 1871. possess no such
/ t,Nv~ IL L.. L.