The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-12-11
NOW A FIGHT IS ON
COMPLAINT IS FILED IN THE SJTIT
AGAINST THE IRON RANGE
ROAD.
OVER 100000 ACRES STAKE,
ON THE OUTCOME OF THE LITIGA-
TION IN WHICH PAPERS ARE
SERVED.
TRUST DEED TO WALTER CODE
Is DenOminated n SubterfuGe to De-
feat This Suit and Legislation
Pending When 1t Was Made.

Attorney General Childs and w. P.
Warner and H G. Belden, associate
counsel in the prosecutions ordered by
the last legislature to determine title
to the Duluth & Iron Range railroad
land grants, which the legislature de-
clared forfeited yesterday served the
complaint in the action, which is enti-
tied the State of Minnesota against the
Duluth & Iron Range Railway COM
pany, Walter F. Cobb, the Minneapolis
& st. Cloud Railway company and the
Great Northern Railway company. The
complaint first sets forth the corporate
existence of the state and of the prin-
cfpal defendant and it's predecessors. 1t
is contended that the land grant made
by the legislature in 1876, the details
of which are set forth, cannot and
should not be so construed to warrant
the possession of those lands by a raiT-7
road company which has never built
any line along the route designated in
the act granting the lands in question.
Notwithstanding all these facts"
continues the complaint, the said Du-
luth & Iron Range Railroad company
has from time to time since March 6,
1888, selected from the lands in the
three counties which had accrued to
the said state of Minnesota under the
swamp land acts divers tracts Of land
to the aggregate amount of 2O2,95916
acres, and at the instance and request
of the railroad company the governor
Of the state, from time to time be-
tween May 2, 1883, and Dec. "a, 1894.
both dates inclusive, has executed and
form RI
pretended cOnveyances OF all the landq
so selected. CThese are shown in Ex-
hibt L attached) But in the execution
and delivering Of these conveyances
the governor acted 1mprovidently and
without any authority, and these pre-
tended COnYeyances are and ever were
void and of no effect.
Said company has Furthermore Sc
lected from the swamp lands which
have accrued to the state under said
acts Of congress all the swamp lands
described in exhibit o, and it has
wrongfully and unlawfully demanded
of and from the governor that he ex-
ecute and deliver conveyances thereof.
But said demand has not been complied
with that said pretended conveyances
have been severally and respectively
deeds for the county within which they
are situated; and the said pretended
cOnveyances and records thereof con-
stitute and are clouds upon the title
of the state to said lands. The act of
1897 FORGETTING the grant is then recited,
and it continues:
''While the bills for the two acts
were pending before the legislature
no rsuf
pany, in anticipation of the passage
and approval Of said acts and without
consideration, executed and delivered
to defendant, Walter f. Cobb, it's deed
of that date whereby the said COM
pany attempted to, and In form did
convey to the said Cobb property de-
scribed. Said last mentioned convey
ance was not made to said Cobb for
his own use, but on a certain pre-
tended trusts therein expressed. that
said lands be sold and converted into
money by said company, and that the
net proceeds be distributed pro rata
among the owners of certain so-caIled
bonds of the company to be issued I'M
der said pretended deed of trust, and
each of which was to contain a pro-
vision that the only liability which the
obligor should incur thereby should be
to faithfully comply with the deed Of
trust, and devote to the bonds the pro,
ceeds of all sales, after paying reason
able expenses in proving title and SELL
ing lands.
That this last named deed was a
sham and the sole and only object and
purpose thereof was to formally vest
in a citizen of a state. other than the
state Of Minnesota title to said swamp
lands, to the end that he might and
should commence and maintain an ac.
ton in some federal court or courts
against the said state or it's officers or
both to prevent commencement of this
suit and to prevent litigation of the
rights of said state to said lands, in
any court or courts of the state OF
Minnesota"
The complaint also recites a deed OF
1892 conveying certain lands to the
Great Northern, and that Walter +.
Cobb merely represents the Minnesota
Iron company, whose money built the
road for the construction of which the
pretended claim of the grant is made
and the Duluth and Iron Range never
had any capital stock prior to 1888.
Wherefore plaintiff demands tudg-
ment that the cOnVeyances TO said Du-
luth and Iron Range company be de-
clared in fact as well as on it's face.
without force or effect, and void, and
that the same be cancelled and sur
rendered to plaintiff; also that the
plaintiff is the sole owner at law and
in equity, of all the lands described or
referred to In said conveyances. az
against all the defendants; that the
deed of trust to Cobb be declared IL
legal and cancelled, and that all de-
PENDANTS execute quit claim deed to
the state of all their pretended right,
title and interest in the lands. 50 that
the same can be recorded in the office
of the register of deeds. where said
lands are situated and that the de-
PENDANTS account for and turn over to
the state all the rents and profits
which they or either of them have at
any time realized from the lands in
question or the sale thereof, or sales Of
timber thereon, or sales or appTOpria-
ton of any minerals therein or there
on, and for such other relief as may
be proper, together with judgment
against said defendants for the costs
and disbursements in this action.