The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1895-12-25
LANDS,
Judge Nelson Knocks Out the
POterfield Location on Section
80 by Emil Hartman.
OTHER CASES AFFIRMED.
The Post Land in SO, 67-2O is
Now Claimed by the State
An Interesting Story.

An Interesting Story.
Judge Nelson has decided the case
of Hartman vs.. Warren, the Bishop
Iron company and others, In favor of
the latter, sustaining the demurrers
interposed by defendants and dismis-
ing the bill. The litigation is over a
portion of the famous section 30 in
the Vermilion range.
In 1885, James FL. Warren, a mixed
blood of the Chippewas, located the
lands in controversy upon certificate
obtained by virtue of the treaty of
Sept. 80, 1854, between the United
States and the Chippewa Indians of
Lake Superior and the Mississippi, by
the terms of which each head of a
family or single person vas entitled
to 80 acres of land, to be selected by
him.
In 1889 Hartman, the complainant,
attempted to locate the same premises
with Poterfield warrants, issued un-
der an act of congress Of April IL,
1860, providing that they might be
"located on any public lands which
have been surveyed, and which have
not been otherwise appropriated at
the time of such location"
Hartman's attempted location was
refused by the Duluth land officers at
Duluth, and after protracted hearings
and investigation in the land depart
ment, the decision of the land officers
was affirmed, Warren's location sus-
tanned and patent issued to him.
Hartman then brought this suit in
equity, seeking to restrain the present
occupants from entering upon and
removing ore from the land, and for a
decree vesting the title in himself.
Judge Nelson holds that upon the
location of Warren the tract ceased to
be public land, and became apprOpri-
ated within the meaning of the act
under which the Porterfield warrants
were issued, so that 4he latter could
not be laid thereon, and for that rea-
son sustains the demurrers and dis
misses the bill.
Attorney General Childs is prepar-
ing for the state a brief in much
talked of land case hearing soon to
occur before Commissioner Lamoreaux
of the general land office at Washing
ton.
The decision of the commissioner
will involve the ownership of the nj
of the sw4 and the ST of the nw1 of
school section SO, township 81, range
20, situated in ST. Louis county.
This is valuable timber land, and is
claimed by Attorney Post of Duluth
as transferee of John Grady, deceased.
From the decision of the register and
receiver of the Duluth office, declar-
ing the title to the above described
land to be vested in the state, Post
has appealed to Commissioner La
mOreauX.
The history of the legal battle over
the ownership of the land in question
has never been published. The state
laws provide that in every township
section SO shall be set aside for school
purposes. When the state prepared
| to prove it's title to the section it
found located on the above described
portion thereof one John Grady,
souatter. Grady claimed to have
made preemption filing on the land
in January, 1890, and as the land was
not surveyed until the spring of 1891,
under the law Grady could not be
disturbed. The state, however, was
not satisfied that Grady.s claim was
an honest one, and it contested his
title by making the following allega-
| tionS:
That the claim of Grady was dated
back in order to show that he had
taken up the land prior to the survey
by the state: that he had selected the
land for another and not for himself;
that the settlement was not made UNI
til after the survey and also after the
repeal, in March, 1891, of the preemp-
ton law: that the entry was collus-
i've one, made in the interests of an
other party. On the strength of the
above allegations by the state, Grady
was arrested for perjury, and while in
the Ramsey county jail awaiting the
consideration of his case by the United
States grand jury, he was taken i'll