The representative. [volume] (St. Paul, Minn.) 1893-1901, 1895-07-10
DUNN'S LETTER.
The Late Auditor Sends q Comnuniea.
der to the Land Gem
missioner.
Position Of Minnesota with Reference to
Her Swamp Lands is Clearly
Outlined.

The following letter from State Auditor
Dunn to s. w. Lamoreaux, commission
er of the general land Office, is now in
the hands Of the United States official
at Washington. 1t is a plain statement
of the position taken by the state of
Minnesota in regard to its swamp lands.
and it is hoped will do much to secure a
speedy settlement with the general land
Office.
Some time ago Commissioner Lamo-
reaux appointed a special agent, James
M. Farrell, to make an examination of
certain surveyed townships in the Du-
luth land district, where it is alleged
the surveys are inaccurate and the field
notes incorrect, and it is with reference
to Mr.. Farrell's work that the letter COM
mences. It is not improbable that if Spe
cial Agent Farrell finds serious errors
in the field notes and survey which was
made by the government surveyors be-
tween 1889 and 1890, that the whole dis
trict involved may be resurveyed.
'Hon. S. w. Lamoreaux, Commissioners
of the General Land Office, Washington,
D. C.-Dear Sir: The special examiner,
James M. Farrell appointed by you to
examine certain townships in the Du-
luth land district of this state, has in con-
formity with your instruction notified
has set date for a hearing, when the
state may submit evidence as to the
character of the land.
I'm accordance with the permission by
you through Plat B. Walker, who at
present is in Washington, charged with
a mission the object Of which is to en-
deavor to ascertain the condition of a
large amount of swamp land situated
in all parts of Minnesota, particularly
the southern counties, which was select
ed as swamp many years ago, but for
which the state has received no patent
and our records do not show what dispo-
sition has been made of the land; and
also to reach an understanding with the
general land Office as to a rule that shall
govern the evidence and admission of
testimony in swamp land contests, y
have appointed a special examiner to
accompany your special examiner in the
field for the purpose Of securing evil
dence for the state as to the character
of the lands so examined.
cit is my earnest wish to have this ex-
animation made in fair and thorough
ly impartial manner. There is no desire
on the part of the state of Minnesota or
the officials charged with the admins
tration of it's laws to obtain any lands
to which the state is not clearly entitled
under the different acts Of ongress grant
ing swamp lands to the state Of Mime
sota and if there is any doubt existing
as to the accuracy of the surveys Of
townships, or if there is any evidence
discovered indicating that there have
been mistakes or misrepresentation as
to the character of lands, wish to assure
you that / feel that it is greatly to the
interest of the state of Minnesota to have
any errors retified as early as possible.
Il will therefore take great pleasure in
doing all in my power to facilitate the
REORGANIZATION of such lands in which
there is reason to doubt the correctness
of the field notes or the survey, and the
state will lose no time in presenting it's
evidence or testimony in all such cases.
"In notice OF hearing received from
your special agent James M. Farrell,
on June A. 1895, and dated June 10, there
is enumerated % townships which he is
to examine. These are: 54-17, 56-16, So
10, 1917, Is and 10; COILS, IS, 10, 20, q, %
and %; 61-15, II, Is, 10, 20, q and %; and
62-22 and %.
Il beg to draw your attention to the
fact that in five of the townships in
cluded in this list the swamp land, as
shown by the original survey and field
notes, has been with the exception of a
few tracts, patented by the state. These
patented towns are COILS, 10 and %; ellis
and 62-23. considerable portion Of the
swamp land so patented has been deed
ed by the state to railroad companies
claiming land grants from the state.
''The state of Minnesota is perfectly
willing to accept the report of Mr.. Far
rell, or any other competent agent of
ter of lands which it might claim under
the swamp land act of March II, 1860,
after an examination made by such
agent, in company with the agent of the
state, and will offer no objection to Mr..
FarrelPs report being made final in the
determination of the character Of such
lands. The state of Minnesota has every
confidence in the business of the inten-
tions Of the general land Office and it's
commissioner, and as in 1860-61, when the
governor of Minnesota agreed to accept
the field notes of the government survey
ors as the basis for the selection of it's
swamp lands, it now relies upon the
ability and impartiality of the govern
ment examiners and surveyors.
II recognize that this is most important
to this state that the government field
notes and surveys should be reliable and
accurate, otherwise the state is left in a
state of doubt as to what swamp lands it
owns or is entitled to own. If doubt ex-
lists as to the accuracy Of the field notes
the quicker these doubts are set at rest
by careful examination, and, if neces-
sary, a resurvey, the greater advantage
it will be to the state.
II would draw your attention to the
passage of a law by the legislature Of the
state of Minnesota (Chapter 2, General
Laws Of Minnesota 1899 providing that
after March "a, 1895, the railroad COM
panies within the state, to which swamp
lands have been granted, shall no longer
have the right to make their own selec-
tions, but that their grants shall be filled
by selections made by the state land COM
missioner.
with the operation of this law in pros
pect, the Immigrant railroad companies,
in the two years between the passage
of the act and the date in which it went
into effect, fastened to complete their
selections as far as possible, and on
March "a, 1895. there only remained three
roads whose state grants were not prac.
tically filled. To two of these roads there
only remained $4,000 acres, while the
third company, which made no attempt
to complete it's selections, still claim
400, 900 acres, under a grant, the validity
of which I have some reason to dispute
and which is in doubt,
"You will see, therefore, that the state
of Minnesota, and the state alone, is now
concerned in securing it's swamp lands
for its school and institution funds, a
constitutional amendment having been
adopted in 1881 (Section of Article g..
Constitution of Minnesota) reserving ali
swamp lands, held or to accrue, to the
state thereafter, subject, of course, to the
claims of existing grantees.
Il shall be glad to adopt any SUCCESS
yVoo " mn 70 A.