The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-04-07
NO RIGHT TO RELlNQUISH II
HAS EVER BEEN VESTED IN THE
OFFICERS THAT DISPOSED
OF TT.
To Employ Counsel I'm an Effort to
Secure Accounting and Re-
turn of the Lands.

mlrtee named by the legislature some
time back to investigate the conditions
surrounding the pretended relinquish-
ment of the property known now as the
Mountain Iron property, submitted to
the house and senate copies of the re-
port adopted by the committee.
The report is a voluminous affair, in
which it is set forth that, in the opinion
of the committee, the state has never
legally been Invested of the right and
title to this immensely rich bit of land,
and the recommendation is made that a
joint committee of seven members be
named to sit after adjournment, to
institute steps looking to the recovery
to the state of the land in question,
and also the payment to the state of
profits derived therefrom during the
period it has been illegally Withheld
from the possession of the state. The
substance of the report, the main
points Of which were printed in the
G / b e of Sunday, are as follows:
Prior to the beginning of this investigation
the committee to investigate the Mountain
iron mine property organized by selecting
1gnat1us Donnelly chairman and Representa-
tive Hill as secretary. The inquiry was di-
rected to examine witnesses upon four ques-
tions
rISC-DlQ the state ever own the said lands?
Second-Dld 1t divest itself of the title to
these lands2
Third-What were the circumstances under
which the pretended REIMBURSEMENT of said
lands was made?
FOurth-What steps should the state now
take for the defense of It's rights in the
premises?
The committee calls attention to the fact
tnat a committee of the legislature of 1895
investigated the REIMBURSEMENT of the lands
me description Of these lands is: South-half
OF tne southwest quarter, southwest quarter
of southeast quarter of section "a toUnshin
%, range IL; and lots and and the south
west quarter Of the northwest quarter of see
ton 3, and the southeast quarter of the north
range Is. ~
The property is valued at more than S12-
000 900, which is conservative estimate
upon the question as to the state once own
ing the land, the committee finds there can he
no question. All lands in the state are original
~ owned by the government of the United
oIateS' by the organic act of the state CON
gFess granted it sections numbered 16 and
80, IN each township, to be applied TO schools
IN the territory and in the state as subse-
quently organized. This was an absolute
grant requiring no subsequent legislation 1t
appears by the grant of lands that the
Mountain Iron property was granted to the
state. The lots mentioned were made a part
or the school lands in place of parts Of SEQ
tions which had been disposed Of II annears
IN the records Of the land office at Washing
ton that the state filed upon the school lands
tp1
the tract book OF the general government
On the question of the state having ever
Invested itself Of the title to the lands the
committee SAYS:
The governor is the legal custodian of al
the property of the state not especially en-
trusted to other officers. He is the custodian
OF the public lands. 1t is clear that the state
having obtained possession of the lands in
question, 1t could not have Invested itself of
the same except by the conveyance of the
governor by his deed, under the great seal
of the state.
The committee finds that the lands ware
once professionally the property of the state
ana II has never sold the same -or parted with
title thereto in accordance to the laws of the
by the state.
In 1884 State Auditor Braden filed nine diff
Ierent lists of selections Of indemnity school
lands, the ninth list containing the Mountain
iron property. For nearly four years the
state remained in undisturbed possession of
ms property In January in 1885, Auditor
braoen wrote to the land Office at Washing
ton and asked whether, in consequences Of
new rules of the department he had not bet
Ter wipe out previous selections and make
new ones. This was preposterous assumn-
ton made three years after the selection of
the lands in question. On Jan. 27 Mr.
Braden received Geographic notification from
friend in Washington that the land office
declined to advise him what to do
Mr., Braden then acted promptly and re-
nhqulshed Inc lists from ]. to H. and made
out a new list, number 12 in which he left
(
In conclusion, your committee finds
l. That the lands in controversy became in
1884 the property OF the state as part of the
school lands Of the state.
2. That the state could not have been Al
verified OF its title to the same in the manner
attempted, if at all.
8. That the state auditor and state land
commissioner had no right to relinquish these
lands on behalf of the state and that anv
such attempt at REIMBURSEMENT was null and
void W anu
4. That there was evidence produced beforo
your committee which tended to show that
when such attempted REIMBURSEMENT was
made 1t had been brought home to the
knowledge OF the state auditor and that the
lands IN question were mineral lands and
embraced in a region of country of vast
possibilities and great prospective wealth
that testimony can be obtained tending to
establish the fact that a combination was
entered into by certain parties to divest the
state of its title to these valuable lands.
g. That 1t is the duty Of the state TO take
immediate steps to establish its title to his
very valuable property.
We would, therefore. respectfully recon-
mend that the two houses unite in the an
pointment of joint committee to consist of
three senators and four members Of the house
of representatives to be appointed by the pre-
siding officers of the two houses respectively
to sit after the adjournment of the present
session and during the recess Of the same with
power to institute in the name of the state
such proceedings as may be named necessary
and to employ suitable counsel to conduct the
same and to compel the present OCCUPANTS OF
the lands in question to account for the use
| OF said property and the repayment Of the
profits derived therefrom, and also for the
| delivery OF the lands themselves to the state.
| And your committee would therefore
recommend the passage of H. f. 671 an act
In frT,a,