The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1895-07-31

If any litigation arises over
the matter it is most likely to- be-
between Uncle Sam and the Iron
Range road. The decision, if upheld,
gives the road virtually all the state
swamp lands in ST. Louis, Cook and
Lake counties. hence there will be no
further use in Auditor Dunn measur-
ing weapons with the government, as
he is not fighting the battles Of the
Iron Range road.
The auditor however is fighting to
have the grant of Iron Range declared
! forfeited. If this is done the lands
will revert to the state.
The attorney general holds that the
question in the main was settled by
the decision in the case of the Mime
apolis & ST. Cloud railway against the
Duluth & Winnipeg, defendant, and
the Duluth & Iron Range, intervenor.
Each company laid claim to the
same 40-acre tract of land. The first
relied upon it's grant in 1865 and
amended in 1869; the second upon its
grant of 1875 and subsequent amend
ment; the third upon the original
grant to the second and the act of
1878 designed to transfer to it, in case
of foreclosure, the grant conferred
upon the second. The decision estab-
lished the following facts:
First: That the Duluth & Winnipeg
Railroad Co. had no grant.
Second: That the Minneapolis &
ST. Cloud railway and the Duluth s.
Iron Range railways respectively had
valid grants.
Third: That the Duluth & Iron
Range Railway Co. was the owner of
the tract in question:, because the
tract was in st. Louis county wherein
that company had the right of prior
selection and, in view of the findings
of the lower court, the right of ex-
elusive selection.
Attorney General Childs holds that
while the state has legal right to in
vestigate every material question as
though the action had been acted
upon, but as the actions seem to him
to differ from one another only in
respect to the parties thereto, the
right of the state to litigate the ques-
tion of the validity of the grant is at
the best barren one.
The question whether the present.
Iron Range road was built in good
faith substantially in compliance with
the law is considered legitimately
settled. 1t is also held that the adj
minisitration officers have nothing to-
do with the policy of the state, as
directed by the legislature in dispos-
ing of it's swamp lands. The legisla-
ture exercised it's constitutional right
in 1875 in bestowing this valuable
grant, and the court has adjudged it
a valid one. Therefore the attorney
general holds that it is Auditor Dunn's
dnty to certify the list in question to
the governor.
Regarding the decision of Attorney
General Childs, State Auditor Dunn
says: This decision is by no means
final, and shall not consider myself
bound by the decision of the attorney
general" Continuing, he said:
'With all due respect to the at
torney general, I am not altogether
satisfied with his conclusions, and in
a matter involving as much to the
state as this does, / prefer to have the
matter in issue between state and the
Duluth & Iron Range passed upon
directly by the supreme court before
| turn over to them land very con-
Esevatively valued at S1.000,000, and
which would otherwise 60 to swell the
school fund and the assets of the
other state institutions.
| .--------------------
/