The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-01-15

ton list for the same.
In answer to Mr.. Braden, the commissioner
OF the general land Office Jan. rs, 1888.
replied, advising him not to make substitute
list at that time as proposed.
But before this reply was received State
Auditor Braden had caused substitute selec-
ton list Dist No. 12) to be made to take
the place of all previous lists CNos l to IL
inclusive) and prepared REIMBURSEMENT Of
all these previous lists, which list No. IL
and the REIMBURSEMENT were filed in the Du-
luth land Office on Jan. g. 1888. by the then
deputy state auditor. L. @. Griswold.
From this new selection list the Noun
tain Iron mine tracts were omitted, though
it must have been known that these lands
were then regarded as desirable mineral lands,
Helmer. Several other tracts of land were
also omitted for which homestead or other ap-
plications had been made or were flied i'm
medfately after the states REIMBURSEMENT
filed.
On March Is. 1888, the commissioners Of the
general land Office agreed to accept the sub
stitute list No. II. and the REIMBURSEMENT
made by State Auditor Braden of lists Nos.
l to IL, providing that the state land COM
missioner should agree that the new selec-
tfons in list No. II should not take effect
prior to Jan. rs. 1888, the date the substitute
list filed.
On March rs, 1888. State Auditor Braden
wrote to Mr.. c. p. McGinnis, receiver of the
not Duluth land office. accepting the proviso
mace by the commissioner of the general
iano ONCE that any rights the state might
possess to the lands selected as school land
indemnity by reason of selections made prior
10 Jan. 70, 1888 be abandoned by the state
In this letter Mr.. Braden refers to the tracts
IN conflict, to wit: the Mountain Iron tract
ana others being dropped from substitute list
No. IL.
On April II, 1888, the commissioner of the
general land Office announced the cancellation
of school indemnity lists Nos. to II inclusive
The testimony of Messrs. Marble and Nc
Ginnis before the special legislative commit
tee of 1895 throws much light on the circurn-
stances attending the abandonment Of these
Mountain iron mine lands by the state. Mr..
Marble was the attorney for Hemer and
has died since giving his testimony Mr..
McGinnis was receiver OF the United States
land of1ce at Duluth at the date Of the tran
saction.
1t was not until 1890. after numerous as
signments and conveyances of these mountain
iron lands had been made that the Mountain
iron Mine company secured complete control
and possession and then the announcement
was made to the public of the discovery of
this valuable deposit of iron ore.
The question. therefore, at issue, as shown
by the foregoing, is this: The state having
acquired vested interest in the so-called
mountain iron mine lands by virtue OF a
regular selection of the same as indemnity
schooi land, had any state official the power
to dispose of that vested interest ACQUIRED
under acts OF congress referred to in the
foregoing. Section 2, article 8, of the consti-
tuition Of Minnesota provides that no norton
Oh the school lands shall be disposed of ex-
cept at public sale; and makes the lands and
the FUNDS arising therefrom an inyioIiabIe
trust for the benefit Of the public schools
section 2, chapter 154, Laws of 1881 which is
section 4036, title A. Vests Statutes Of Min
neScta. 1884, provides follows: ''If in the
adjustment Of the state swamp land grant
ana other grants of land made by the United
states to the state Of Minnesota, it shall ap-
pear that the United States has reserved
sold or otherwise disposed of any tract or
tracts claimed by or inuring to the state I'M
ger eitner OF said grants then 1t shall be
lawful Tor the governor, if he deems it for
tne pest interests of the state, to relinquish
the claim of the state to any or all Of such
ianos TO the end that new selections In lieu
thereof may be made, or that indemnity may
De secured in lands or otherwise for lands so
lost"
This is the only law on the statutes of Min
nesota authorizing the REIMBURSEMENT Of the
states claim to lands claimed by or inuring
TO 1t, and the power to execute such relin-
qu1shmentS is not conferred upon the state
auditor, but solely upon the governor and
IN every state law relating to the public or
granted lands in Minnesota the governor is
named as the only and proper official to ex-
ecute deeds OF conveyance, ACCOMPLISHMENTS
patents, or any form of document which
sewers from the state any interest in the lands
neih, owned, claimed or inuring to it under
the several acts of congress.
therefore, the selection of the mountain
IRON tracts OF land and other tracts contained
IN indemnity school land selection lists, Nos
l to IL, inclusive having been made in nroDor
form and accepted by the land office of5ciaIs
at the date said lists were filed and the
governor not having executed any deed or
act Oh REIMBURSEMENT i'll relation to said lands,
IS IL not SOUND proposition to take that the
states vested interests in these lands is as
great nd as strong as it was prior to Jan DC
1855 "a date on which State Auditor Braden
behalf of the state?
III was apparent that the house was
prepared to adopt the resolution with
out debate. but several speeches were
made just to help the thing along. Rep
resentative Henry Feig, of Kandyohi.
quoted from the Journal of the house
for the last session as follows:
We recommend that the attorney general
be, and he Is hereby directed to inquire
into the matter Of the loss of indemnity
school lands Ghere follows description, after
the same had been duly selected with the
rules then in practice and that he take
such action with view to the protection of
the b rights Of the state. as the facts ELECTED
by such inquiry shall require.
He said the house should do more
than investigate; that it should furnish
adequate legal help to carry on a prose-
cution of the case. Judge Hicks. of
Hennepin, wanted the house to act at
once and refer the matter 20 the at
tcrney general without waiting for the
committee to investigate.
Mr.. jacobson said he was in favor
of the matter proposed by the resoIu-
ton, except that he favored a smaller
committee. He scored the ATTORNEY
general for his failure to 90 as the
last house had directed, and suggested
the disability of the house securing
legal talent outside Of the attorney
generals office with mandatory fnstruc-
tions to the end. Representative
Schmidt, of Duluth, who seconded the
motion to adopt, said he had looked
iEto the matter. and was satisfied that
something definite should be done.
When the number of the committee
had been reduced from fifteen to seven
from the house and four from the
senate, 1T passed unanimously.