The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1895-11-27

seem to be before your Office any evi.
dence upon which could be predicated
a finding or determination of facts as
to the character of this land. 1t is
true that upon the official plat of the
government survey OF the township
mentionrd, this land is not designed
as swamp" while other forty-acre
tracts, in the same section, are so
designated as swamp" we're accord
ingly listed TO the state as such; but
the records of your office will show,
also, that, upon evidence admitted,
as to the true character of these
tracts so listed, the claim of the state
thereto was rejected, upon the ground
that the lands were in fact dry lands,
and no swamp lands" as indicated
by the plat; and from this it would
seem to follow that at least before
| this office the value of the plat as
evidence Of the nature of the lands ia
said section 80 or elsewhere in the
township has been totally destroyed
granting that it could properly be
taken as evidence on this question in
its inception.
In view of these facts, the under
signed, in behalf of the state of Min
nesota, respectfully requests that an
Investigation or hearing be by your
Office at once ordered and had, where
at proper opportunity may be afforded
said state or its agents, to prove, by
competent evidence, the facts herein
before set forth as to the character of
the land in question; and that pend
ing such Investigation or hearing and
the final action of the department
thereon, any and all other claims to
the this land now or hereafter pend
ing before this Office, or in the local
land office, be suspended.
In support of this application, the
affidavits of Robert C. Dunn, the state
land commissioner of Minnesota, and
Frank Plummer, surveyor, are here
with respectfully submitted for your
consideration. A power of attorney
from Robert C. Dunn, as such land
commissioner, approved by the Hon.
D. NJ. Clough, governor of Minnesota,
authorizing the undersigned to act
for the state in the premises is also
herewith presented, have the honor
to be, very respectfully yours,
John C. Judge,
AS Agent and Attorney for State of
Minnesota, and
For Robert G.. Dunn,
As Commissions of the Public Lands
of the Said State.
Mr.. Judge was seen by represent
alive of the Herald, and being asked
how it was that the state had never
before asserted title to this land as
against the various claimants, said:
"The congressional grant of swamp
lands was present grant and passed
title to the state had never before as
serted title to this land as against the
various claimants. said:
''The congressional grant of swamp
lands was present grant and passed
title to the state to every tract of
land within the borders of the state
the greater part of which was, on
March II, 1860, more than one-half
wet and unfit for cultivation.
SIN about the year 1865, in order to
facilitate the adjustment of the grant
between the state and federal govern
ments, an arrangement was entered
into whereby it was agreed by the
state on the one part and the secretary
of the interior On the other that both
parties should abide by the returns of
the surveyor general as to what land
was swamp and what land was not
such. In pursuance with this ar
rangement the practice had been to
have the surveyor general make list
of all lands appearing upon his plats
as swamp and these lists, upon being
transmitted to the secretary of the
interior were ordinarily approved as
they stood, and the lands certified as
swamp accordingly.
ut was not long after this arrange
ment was put in force that parties
claimed the right to enter lands that
had been listed to the state as swamp.
upon the ground that they were in
fact not such, and the federal officials.
in disregard of their agreement. have
been allowing such applications and
permitting entries upon lands certified
to the state as swamp. Doubtless
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