St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-10-14
The Government Is After the
Valuable Mineral Land
Involved.
A Suit to Cancel a Patent
Made Through a Clerks
Error.
The Loyal Legion Misses Gen.
Merritt, but Still Enjoys
Itself.
Architect and Builder Disa-
gree on the Terms Of a
Contract.

Assistant United States District At
torney George B. Edgerton has pre-
pared with great amount of care, and
after careful research and voluminous
correspondence, bill in equity which
has for its purpose the retaining of
valuable iron lands near Duluth by the
United States as part of the public
domain. The bill was prepared in the
name Of Attorney General w. II. ii.
Miller, on behalf Of the government,
and names Thomas Reed, of
Nebraska, the Germania Iron COM
pany, of Duluth. Emil Hartman,
of Duluth, and Richard D. Mallet as
defendants. 1t was filed Yesterday by
United States District Attorney Hay in
the United States circuit court at Du-
luth. 1t is claimed that title to the
lands was secured by Reed through ir-
regular practice before the interior de-
partment, and that valuable iron lands
to the extent of several hundred acres
are involved in The controversy, either
directly or indirectly. The tract i'm
medlately concerned is valued in the
bill at $4,000, but is said to be worth
much more. IL comprises 112 acres.
known as the southwest quarter of
northeast quarter and lots and 2. sec
ton 30, township 63 north of range II
west of the fourth principal meridian.
The story leading up to this proceeding
is related about as follows:
The lands were part of the public
domain, together with other valuable
iron lands in the same region. On July
II, 1885, Orlie Stram-formerly Orlie
Moreau-through her attorney in fact.
Frank w. Eaton, adjusted the location
OF several hundred acres of land pre-
ylously made on unsurveyed land of the
United States. That location was
made with Sioux half-breed scrip
issued by act of congress of
June II, 1854. The location was
posted, but the validity thereof was
contested by Fred Il. Huntress. About
Angus Mcdonald made presumption
claims to part of the land. An appeal
was taken to the secretary of the inte-
rlor, who decided the Sioux half-breed
scrip locations invalid and that they
should be Cancelled. The presumption
claims of hyde and Mcdonald were also
rejected. The claim of Fred II. Hun
tress could not be recognized, and the
secretary of the interior further de-
cided that the lands should be disposed
OF under the public land laws.
On Feb. %, 1889, Thomas Reed, of
Nebraska, applied to the land office for
permission to make soldiers additional
entry on part of the land. He was al
lowed to make such entry and to obtain
final certificates for liz acres. About
the same time Charles P. Wheeler made
application TO locate lands In the same
vicinity with Valentine scrip, which
was scrip of Il Nebraska agency of that
name. Warren Wing and William M.
Stokes also applied for entries
on part of the lands, along with
various others. When the doors of
the Duluth land Office were opened,
these persons attempted to enter the
lands as additional homesteads. The
applications of Wheeler, Wing and
Stokes were denied, and they appealed
to the. general land Office, and a notice
OF review of the previous decision was
given by the land office, and this motion
for review is still pending before the
secretary of the interior. Pending
these proceedings patent was issued
for liz acres to Thomas Reed.
1t is alleged that this pat
ent was issued by mistake.
That clerk in the interior department
reported the application of Reed as
valid, and that the secretary appointed
to sign patents in the name of the presi-
dent, signed the patent upon the ap-
proval Of the clerk who examined the
claim. The patent was issued to Reed,
Nov. 20, 1889. 1t is alleged that this
patent was granted by mistake, and
that the Germania Iron company, Emil
Hartman and K. ID. Mallet have some
interest in the lands patented to Reed.
The court is asked to enjoin the de-
PENDANTS from disposing of the lands,
and that the patent be declared void,
and to require Reed to surrender it for
cancellation.