St. Paul daily globe., 1896-03-04
STATE WANTS A SHARE OF THE
RED LAKE RESERVA-
TI0N.
GOV. CLOUGH REVIEWS A CLAIM
FORMERLY MADE TO THE SECRE-
TARY OF THE INTERIOR
FOR 1T.
He APPEALS TO HoN.HoKE SMITH.
Grounds ON Which Minnesota Hopes
to Secure Over 100000 Acres
of Land.
Special to the Globe.

Special to the Globe.
WASHINGTON March 81 Hoke
Smith, secretary of the interior has
just received from Gov. D. M. Clough
OF Minnesota, formal renewal of the
claim Of the state to the swamp lands
within the Red Lake reservation. The
document is somewhat voluminous,
and, after referring to the claim or
iginally made, goes into the grounds
for the claim. There are in the reser-
walton about to be opened over 200, 900
acres Of swamp lands, and the state
claims this under the swamp land act.
to school lands under like condition
has been fought and won by the state
and it is possible the state may win
in this claim.
Gov. Clough, in his letter to the Sec
retary Of the interior, relates the pre-
V1ouS correspondence with the depart
ment started in May, 1894. by Gov.
Nelson, and looking to the securing
by the state Of the title to all swamp
lands in the Red Lake reservation
which is to be opened soon. He adds
that Gov. Nelson also requested the
surveyor general to make selections of
all the swamp lands within the reser-
walton, as required, and file lists as
directed by the instructions of the
general land office. Gov. Clough then
continues:
I am advised that by a letter ad-
dressed to you on the 9th of Decem-
per last, the commissioner of the gen
eral land office recommended that the
agricultural lands within the ceded
portions Of the Red Lake and White
Earth reservations be opened to en-
try during the coming spring, and
that the commissioner expressed the
opinion that, as the lands in said res
erVatlons were in state of reserya-
ton at the date of the grant of swamp
lahds TO the state of Minnesota, the
swamp lands therein We're excepted
and excluded from said swamp land
grant, and should, therefore, be opened
TO entry with the other agricultural
lands.
AS no action appears to have been
taken upon the request of my prede-
cessor, l deem it my duty to renew
the claim of the estate to the swamp
lands IAN within said reservation, and to
ask that such lands be opened to
entry, and that the surveyor general
or the state be instructed to select the
same for and on behalf of the state
as in other cases.
In making this claim, submit the
Following in support Of the claim of
the state: By act of congress- approved
sept. 2S, 1850, there was granted to the
state of Arkansas, to enable said state
to construct all necessary levees and
drains to reclaim the swamp and over
HoWed lands therein, the whole of those
swamp and oVerfioWed lands made I'M
fit thereby for cultivation which shall
remain unsold at the time of the pas
sage Of this act.
by section the provisions of the act
were extended to other states in which
such swamp and OVerf1oWed lands
might be situated, and by act Of con-
gress approved March u, 1850 the pro-
Visions were expressly extended to Min
nesota and Oregon.
1t was provided that the grant there
by made should ot1include any lands
which the government of the United
states had reserved, sold or disposed of
in pursuance of any law Heretofore
enacted prior to the confirmation of til
tie to be made under said act
The supreme court of the state has
repeatedly held that the grant of 1850
is one in praesenti, passing the title
to the lands of the character contem-
plated as of it's date Wright VS.. Rose
berry, 121 U. S., 44S, is cited.
That the grant of 1860 to Minnesota
ana oregon was also grant in prae-
sentl, the governor cites the cases of
CASTOR VS.. Scott, 5 Oregon, PASS. and
Miller vs. Tobin, 16 Pacific, 161.
There can be no question, therefore.
he continues, that the title to the lands
In the so-called reservations passed
to the state under the 1860 act, unless
they had previously been and were
then reserved or disposed of in pur-
suance of some law heretofore en-
acted.
With respect to the White Earth res
ervation lands, there would seem to be
no question. BY, treaty between the
United States and the Sioux, Chippewa
and other Indian tribes, proclaimed
Feb. 6, 1926, the boundary between the
lands of the Sioux and Chippewas was
liked and determined BY act of con-
gress approved Dec. 19, 1854, the pres
1dent was authorized to cause negotia-
tions to be entered into with the Chip
peWaS for the eXtinguishment of their
title to all the lands owned and claim
ed by them in the state Of Minnesota
which treaties should provide that the
laws of the United States should ex-
tend over them when ceded, and that
the same should cease to be Indian ter
ritory, except that the lands reserved
to them shall be exempt from taxation,
and that the legislation of congress to
regulate trade and intercourse with the
Indian tribes should be imperative over
which prohibited the sale of spirituous
liquors to the Indians. The treaties
made under this act are referred to at
length, and the governor continues:
AS matter Of fact, both the legis-
lative and executive branches of the
government treated the Indian title to
these lands as having been extin-
guished, and provided for the disposal
of the lands accordingly. BY act of
July z, 1856, two additional land dis
tricts in the territory of Minnesota
were created. The lands included in
said districts were. situated almost en-
tirely within the limits of the ceded
country. The land office for the north
western district was first located at
Ojibway and afterwards at Otter Tail
City, where seventeen entries were
made, embracing lands In the ceded
territory. Furthermore, the title Of the
state to the swamp lands within the
limits of the country ceded, except such
as are included in the permanent res
ervations, has never been questioned,
and thousands of acres within said ter
ritory have been conveyed to the state
The fact that a portion of these lands
was subsequently, included in the res
ervations made by the treaties of 1864
and 1867 cannot affect the title which
passed to the state in 1850. Mare ISL
and navy yard cases cited n support
Neither can it be contended that the