The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-04-03
OF DULUTH & IRON RANGE.
JACOBSON CLAIMED THAT NOT A
CONDITION HAD BEEN COM
Piled WITH.
THOUSANDS OF ACRES INVOLVED.
Line Originally Contemplated Was
Never Built, but Present Com
pany Claims the Land.

this morning, the consideration of two
bills introduced by Mr.. Jacobson, being
H. F. 670 and H. +. 671, to declare a
forfeiture Of the land grant Of the Du-
luth & Iron Range railroad. The off,
cial title of the first bill explains it's
| scope, and reads as follows:
H. F. No. $40. A bill for an act repeating
| an act entitled, IAN act granting certain
swamp lands to the Duluth & Iron Range
Railroad company" approved March g. 1875
and all acts amendatory thereof supple
| mentary thereto, including an act entitled,
| AN act relating TO the Duluth Iron Range
railroad" approved Feb. II, 1886, and an act
entitled, AN act to amend and continue the
act of the legislature Of this state, approved
March 8, 1875, relating to the Duluth &
Iron Range Railroad company" approved
March 6, 1888, and act entitled 'An act
to amend section of chapter "a Of the Special
to the Duluth & Iron Range Railroad COM
pany approved March 10, 1885,
Mr.. Jacobson made the principal, in
fact the only general statement of the
case. He said that the original Duluth
q Iron Range grant was made at a
time when there were a great many
paper" railroads in the air. There
was no question about the wisdom Of
the original grant or the main facts
in the case.
Mr. Jacobson pointed out that the
present Duluth & Iron Range road
was not the same company which was
originally organized, but that it had
by irregular and unlawful means pre-
tended to revive the old company. and
then, by irregular practices, adopted
the name of the old company He also
pointed out that, after the passage
OF the original grant, the state consti-
tuition had been amended, fOrbidding
the granting of state lands for any
purpose except school or charitable in
situations. AND that it was, after this
constitutional amendment had been
ADOPTED, that the act of March g. 1888
was adopted, which re-established the
company and relocated the line, upon
lands other than those upon which the
original line had been located. He in
sisted that not a single condition Of
the original grant had been complied
with, and that the only reason for de-
clarlng the forfeiture was to give a
basis for the action of the attorney
general or other attorney on behalf
Of the state to clear up the title and
brush aside the show of claim made
by the original grant or it's successors.
The passage of the forfeiture bill was
the only one discussed by Mr.. Jacob
son in his speech, which occupied near
1y an hour. He said that the bill could
in no way affect the legal right of
any railroad to lands which had actu-
ally been earned, this being a matter
for the courts alone. The claim of the
Duluth & Iron Range road was for $685.,
900 acres Of swamp land, of which
24C, 900 had been transferred and 366, 900
acres remained available as soon as
the road should be built.
There was no opposition to the bill
declaring the forfeiture, but Judge
Hicks opposed the plan which was pro-
posed by Mr.. Jacobson in the second
bill, H. F. 671, which provides for the
establishment Of a committee of mem
bers of the senate and house of repre-
sentatives, with power to sit after ad-
journment Of the present session Of
the legislature and during recess there
of, to investigate whether the state is
entitled to lands located within this
state, now claimed adversely thereto by
any party or parties, and with powers
to cause to be commenced and prose-
cuted such judicial proceedings as may
be proper to establish the states claim
to such real property, or to remove
any clouds now resting upon the states
title thereto, and appropriating moneys
to carry out such investigation and jul
dicial proceedings.
Mr.. Douglas explained that the sec
Ond bill was not under consideration
until the first one had been disposed OF.
Judge Hicks had insisted that the legal
proceedings should be brought by the
attorney general, whose recent action in
preventing the consolidation of the
Great Northern and Northern Pacific
roads were the best guaranty not only
of his ability, but his courage. He also
suggested that the second bill looked
like a 'back salary grab" To both
Of these objections Mr.. Dougles replied
that the second bill was predicated
upon the theory that the attorney gen
eral was too busy with his regular
work, not that he was not fitted or in
any way disqualified for the task.
Mr.. Jacobson also went into further
explanation along this line, and then
Fl F. go was passed by a vote Of 80
to O. Upon the suggestion Of Mr.. Sta
pies, the consideration of H. f. ST. was
put over until twenty-four hours after
the report of the Mountain Iron IN
vestigating committee shall have been
heard, as this bill contemplates action
not only upon the Duluth & Iron
Range forfeiture, but the Mountain
Iron and other similar land grant and
land title cases.
COMMITTEE REPORTS.
The following committee reports were
made:
S. F. 286 (Stevens)-ReIating to service of
summons upon minors. To pass.
S. F. 2S4 (Stevens)-Relating to foreclosure
of mortgages. To pass.
y. r.
ments by executors To pass;
S. F. SS9 (McHale(-To legalize deeds and
mortgages. To pass.
S. F. 353 (Ringdal-To legalize levies. To
S. f. s41 judiciary committee)-Relating to
execution of deeds in foreign countries. To
pass.
S. F. 22s (RingdaD-To legalize deeds Of
married women. To pass.
S, F. 1923 Barr)-Amending probate code.
H. F. $50 (snyder)-Relating to building,
loan and savings associations To pass.
H. F. 748 Neaeh)-Relating to eligibility to
H. F. 1905 Observation-Disclosures to Nor
rison county, etc. To pass
H. F. 977 Dunn)-Legalizing certain mort
gage foreclosures. To pass.
H. F. $50 Dale)-Relating to the guardian
ship of certain children. To pass.
H. F. $50 (Goar)-Dehning the boundaries
Of counties in certain cases. To pass.
H. F. 961 (Cray)-Providing for the codif-
cations of the general laws relating to cor
porations. To pass.
H. F. 9S1 (Smith)-To legalize sheriffs' GER
tffcates. To pass.
H. F. 642 (Schmidt)-Relating to account Of
executors. etc. To pass.
H. F. SOP Misunderstanding to court COM
mssioners. To pass as amended.
S. F. 545 Young)-Relating to insolvency.
To pass amended.
S. F. 2S0 CYoung)-Relating to limited d.
vorce. Pass as amended.
H. F. 90S notwithstanding for main
tanning the height Of water in certain lakes.
Laid on the table.
H. F. 1000 (Snyder)-Relating to exemptions
! from execution. To pass as amended.
s. F. 544 Noung)-Relating TO justices of
| the peace. Pass amended.
H. F. 722 Oonnelly)-Proposing an amend
| ment to the constitution. Indefinitely post
| poned.
| Opape Indefinitely DOStnOnAd