The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-04-04
CASE FOR THE COURT
THAT WILL PROBABLY RE RESUIr
OF THE MOUNTAIN IRON IN
VEsTIGATION.
BEING PREPARED,
WHICH, 1T rs UNDER STnnn ru
DISCUSS THREE DIFFERENT
PROPOSITIONS.
STATE HELD I,nn; ,r,,,.r,
Governor the Only Officer Au+bor,,z
10 Execute Deeds Dtvestins state
OF Property.

0olhe tlme during the early part Of
tIe week the report of the Mountain
AAolI investigating Committee will ba
iiloue 10 the legislature, and very nat
"IdIIy there is much curiosity exnress-
eu as 70 It's tenor and general Character
CHAIRMAN Donnelly. who has been at
Work In the preparation of the reporr
Lor several days, having been excused
from house duties for that purnosA
sratse that the report will be drafted
ready Tor the consideration of the CON,
| hllttee by tomorrow evening. Whether
the committee will find 1t NECESSARY 70
make changes therein or not will NOT
or course, develop until that time but
as 1T Is understood that there is Soma
division Of sentiment among the NOM
oers, certain notifications NAV ha
found necessary.
In Mr. Donnelly's draft Of the report
there will be three questions covarod,
FIRST: Did the state ACQUIRE title tn
tlo mountain Iron property? It Is in
'lihateu by way of answer that the re-
port VIII hold that the state selected
Chese LANDS as indemnity school lands.
ana IN so doing complied with the law
ana with the existing regulations of
the general land Office at WASHINGTON.
and decisions made by the secretary Of
the interior, by the United States SUI
preme court and other courts declare
phat title to such lands becomes vested
In the state Immediately such lands are
designated or selected by virtue of the
granting act, which is a grant 'Tn
praesent." The certifying or patentinr
TO the state Of lands so selected ia held
by the authorities above quoted to ba
merely necessary to complete the rec
ord title, but the actual title becomes.
vested In the state the moment the Sc
lection is made.
Next: Has the state dIvested itself
or the title TO these lands acquired by
such selection?
These lands were selected in 1884, and
TOUR years later-in 18S8-the then state
auditor, Mr. Braden, executed a pre-
tended REIMBURSEMENT Of these lands to
the general government. The statutes
OF Minnesota do not give the state
auoltor any power or authority to d.
vest the state Of any title to any of its
lands. such power as has been made
PLAIN before, Is confined exclusively TO
the governor. Under section 2 Of chap
ter 1o4 or the General Laws of 1881. the
governor Is specifically designated an
the only state officer having power to
execute deeds by which the state d.
vests itself Of any title or interest in fts
lands, and this power is not conferred
upon the state auditor
AS to the methods which NAV be
adopted, by which the state can regain
possession Of this valuable iron prom
erty the report will set forth in sub
stance that the United States have ia
sued patents for these lands to other
parties, will consider that the lands ara
entirely without their Jurisdiction and
the only recourse Of the state is in an
appeal to the courts for the Durnosa ~
securing a decree to settle the question
Of title. One Of the considerations a.
such an appeal would be whether the
rights Of innocent parties Or tha nres-
ent owners would be infringed bv the
restoration to the state Of the lands
In question. Right here it may be stat
ed that the question Of good faith ON
the part Of such parties will be one Of
the issues, and also the question
whether there was fraud or collusion
connected with the attempted relin-
quishment executed by Mr.. Braden has
been carefully weighed.
The committee has devoted consider
able attention to this last feature. and
there will be presented some Testimony
bearing upon it, which will be ouita
startling in It's character If fraud can
be shown, the claim of its present own
ers, or others who have profited by the
to be innocent parties
VIII OF necessity fall to the ground. As
10 the title or rights acquired to these
lands by the issuance Of the govern
ment patent, It is competent for ths
court to set 1t aside and issue a de-
cree vesting title in the state. or m
declare in whom such title actually
rests
The report will set forth with no in
direction that the state has actual title
to the property, and it is very probable
that the report will recommend the an
polntment Of a legislative COM
mittee, which shall be given
an appropriation to cover nee
essary legal assistance and thus
equipped to prosecute the work Of re-
storing to Minnesota the most valuable
bit OF mining property within her con-
fines.