The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1895-11-27
SECTION so.
Full Text of the Claim Made by
the State i'm the Famous
Section so.
THE STATE WANTS TT.
The General Land Office Asked
to Order an Early Inquiry Re-
garding the Lands.

garding the Lands.
A Washington special to the Dull
nth Herald OF Nov. q, says: In the
section thirty case, in which the
state of Minnesota has presented a
claim to three fOrty-acre tracts, on
the ground that they are swamp land.
Commissioner Lamoreux has rendered
decision to the effect that the state
OF Minnesota was entitled to be heard
and to have an opportunity to prove
the fact that the land is swamp land,
and accordingly made order that all
proceedings connected with any en-
tries affecting the land should be
suspended until the right OF the state
should be determined. The matter OF
fixing the time and place for the
taking of evidence as to the character
of the land will be set when the case
comes up in its regular order, which
will be within week or ten days.
1t is not improbable that special
agent will be sent to Minnesota to
take testimony in the matter, but if
this Is done, doubtless the commissions
er viii direct the register and receiver
Of the land Office at Duluth to pre-
coed to order hearing and take such
testimony az may be offered by all
persons interested in the land.
The full text of the application for
a hearing presented by Mr.. Judge,
representing the state. is as follows,
the application being the same as to
each forty acres, except as to the
description of the land:
Washington, D. c., Nov. Is, 1895.
Honorable Commissioner of General
Land ONCE, Washington. d. C.-Sir:
Under and by virtue OF the act of con-
gress of the United States, approved
sept. %, 1850, entitled IAN act To
enable the state of Arkansas and other
states to reclaim the swamp lands
within their limits" as extended in
its operations to Minnesota and
Oregon by the act Of said congress of
March II, 1860, the state of Minnesota
acquired title, in fee, to all of the
puhlic lands of the United States
within the limits Of the state, the
greater part Of each tract OF which
was wet and oyerfiowed land, and
thereby unfit for cultivation.
By the provision of the aforesaid
acts OF congress, there was imposed
uDcn the honorable secretary of the
interior the duty of certifying to the
state of Minnesota the lands of the
character described, to which the
state became entitled under those
acts. The tract of land in the state
of Minnesota, described according to
the United States government survey
thereof. as lot three 81, of section
thirty (3c,, in township sixty-three
(63, north, of range eleven III, west
of the fourth principal meridian, in
the district of public lands of the
United States. subject to entry at
Duluth, Mimi. and containing, ac-
cording to such survey, forty t40)
acres. more or less, is, and at the
date of both of said acts of congress
was, and ever since has been, of the
character contemplated by said acts
namely, more than one-half wet and
oyerflowed land, and thereby made
uafit for cultivation, and said tract
was during the time mentioned, and
is now. wet and overfiowed and there
by unit for cultivation, to the extent
of an actual two-thirds part of the
whole.
So far as the records of the depart
ment of the interior disclose, no
certifcation of this land has ever
been made by the honorable secretary
of the interior to or in favor OF the
state. and no determination or de-
cision as to its character with respect
to its being high or low land. in whole
or in part. has ever been made by the
department, or by the honorable sec
rotary of the interior. and the state
of Minnesota, has never heretofore
submitted or offered to submit to the
department any evidence going to
establish or show the swampy charac-
ter OF the land: and nc claim of the
state to the land has ever been reject
ed or considered by the department..
At the present time, there does not