St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-05-21

LII TeceuC ISSUE OF the FlOneer Press
appeared an article, sent from Washing
ton, in which the writer. under 'fntlu-
ence of some undoubtedly very impor-
tant, If not prominent. Individual In the
general land Office, refers In a Highland.
for people not acquainted with facts, nc
doubt. am using way to mattersspeftain-
ing to the state swamp lands in general,
and especially the bill regarding these
lands introduced by Hon. M. r. Bald
win.
In the article referred to. the writer
allows his gentleman of prominence"
to presume that there Is man named
Biermann connected, as the gentleman
of prominence is willing to believe. in
all official capacity with the state gov
eminent. and who has. accordign TO the
views of the said important gentleman
i'll Washington, some very erroneous
ideas on swamp land matters. As the
very same man, Biermann, happens to be
state auditor and eX-officio commissioner
of the state land office. it might be of
interest to the readers of the GLOBE and
to the people of the state to be made ac-
quainted with facts connected with the
subject in question. Mr.. Bierma IL has
accordingly been interviewed on the
subject. He says: ,2sr.,
To commence with l will cite one of
the public acts of congress respecting
the swamp lands; LISTERS Land Laws,
vol. 2, page II, No. 113: IAN act to en-
able the state of Arkansas and, other
states to reclaim the swamp lands with
in their limits" to Minnesota and Ore
gon and for other purposes. Be it ell
acted by the senate and house of repre-
Sentatlyes of the United States of Amer
lea i'll congress assembled. that the pro-
visions Of the act OF congress entitled
An act to enable the state of Arkansas
and other states to reclaim the SWAN D
land within their limits. approved Sept.
%, 1850, and the same are hereby eX-
tended to the states of Minnesota and
Oregon; provided that the grant hereby
made Shall not include any lands which
the government Of the United States
i'll pursuance of any law heretofore en-
acted prior to the confirmation of title
to be- male under the authority of the
said act.
Z Sec..2. And be it further enacted.
that the selection to be made from
lands already surveyed in each Of the
states. including Minnesota and Ore
gon, under the authority OF the act
aforesaid. and of the act to aid the state
OF Louisiana in draining the IS Wahlp
lands therein, approved March q, 1919.
shall be made within two years. from
the adjournment of the legislature of
each state at its next session after the
date of this. act; and, as to all lands
hereafter to be surveyed. within two
years from such adjournment:' at the
next session, after notice by the. seere-
tary of the interior. to the governor of
the state, that The surveys have been
completed and affirmed. Approved
March IL, 1860. AZ ;u4nt .
The act OF 1850 grants all the i;'swanp
ami overtiowed" lands, the greater part
of which is wet and unfit for elIbIva-
ton, to the several states. ,, -cn,ny, 2
The act of March 2. 1919, referredtto
in the foregoing act does not in any
manner change the. PROVISIONS under
which the state. of Minnesota rsIlonld
acquire its swamp lands. lii proyiding
for the character of the land granted to
the several states. the acts making the
grants failed to direct the authorities
how the swamp lands should be Sc.
Iected, except when the survey was
confirmed prior to- the act granting Such
lands to the several states. but it is safe
to say that the law, as AMENDED, did
grant, and directed the government to.
convey to the state of Minnesota and
other states named in the several acts,
all the swamp lands" not reserved.
sold, or otherwise disposed at the date
of the grant.
The question as to how the land
should De selected was settled by an
agreement between the general govern
ment and the state as set forth iIr Sec
ton 49,. chapter g., General Laws of
OF surveys as conclusive evidence. as to
the character of the lands granted by
the act of March IL, 1860. and from that
time on for more than twenty-five
years the surveyors notes were re-
ceiyed as unchallenged authority deter
mining what was, or what was not,
swamp lands. For what reason this
agreement was annulled on the part of
the general government has never been
explained satisfactorily, except that the
secretary of the interior at THAI time re-
versed his predecessors rulings, hold
ng, substantially, that notes of survey
designated the character of the land
that the department was competent.
however, to test their correctness and
in the event of its being concIusively
shown that the land was not swamp at
the date of the grant, it would be proper
to permit filing on it.
e This opened wide field for fraud.
The state having accepted of the notes
of survey as evidence, it was estopped
from any attempt to show them TO be
erroneous, and could only be heard in
rebuttal when its claim was attacked,
and was not even accorded hearing
before the decision was rendered. There
would be less said against this decision
il the government would send some of
its special agents OF examiners to inves-
tlgate as to the real condition of lands
contested, but in accepting affldaylts
from interested parties as conclusive
evidence as against the confirmed field
notes it is unreasonable to expect fair
ness, even if the state went into; eX-
penses and had the land resurveyed.
= 1t is the original and, in fact, the only
agreement between the general govern
ment and the state l bave tried 10 hive
re-estabhshed by negotiations With the
general land office. and If iiave0vea-i
burdened any one with ''erroneouS ideas
on this subject" every secretary Of the
interior and United States attorney gem
eIdl SilCe 1913, anu bHlIly-HVe years,
subsequently, has been laboring under
the same erroneous view. niejE5
Hon. Jacob Thompson, ex-seeretary
of the interior. in his letter dated Jan.
II, 1858, to the then commissioner of The
general land Office, Hon. Thongs, A.
Hendricks, says: ''In all cases where
the platS and field notes represent the
land as swampY, or subject to overflow.
as to render them unfit for cultivation,
they belong to the state, under the law,
and will be so certified. This point has
always been maintained by this stfiee.
and if any instructions heretofore issued
have been otherwise construed it has
been an error" Lester's Land Liws'l,
No. $50, page 500.
In ,iat.,n,, of ,,;, -. ; A.,