The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-01-04

to the attorney general. The Iron
Range grant involves $4,000, 900 and its
early consideration by the legislature
is urged.
Mr. Dunn holds that the Little Falls
& Dakota should redeed to the state
3,19161 acres.
He also relates his refusal to certify
list No. 10 of the Hastings & Dakota
and refers to the movement made to-
ward the taxation of pine and mineral
lands. He comments thus:
i am of the opinion that the mineral land
law of the state is defective in so far as
it provides for the mining and deposition
of iron and other minerals in and upon
state lands. The constitution provides (see
sec. 2, article 81 that no portion of said lands
shall be Scld otherwise than at public sale,
while the mineral land law Of 1889, as well
as the amended law of 1895, under which all
the existing mining contracts have been IS
su d, provides a manner of disposing of the
iron ore contained in the lands by a method
which is in effect private sale thereof. 1t
has been repeatedly he'd by the courts that
the timber on lands is an integral part OF
the realty, and with this in view and to
comply with the above mentioned constitu-
tional provision the law regulating the sale
of timber specifically provides for the dis
posal thereof at public sale, or auction, and
forbids private sale. If the courts hold that
the timber on the lands is part of the realty,
the mineral contained in the land would ap-
pear to me to be also part of the realty,
and that all sale or dispozition of iron ore or
other minerals in or upon state lands other
than at public sale is invalid and In contra
vention of the provision of the state consul,
tuition aforesaid. If this is the case, IL VIII
entail the remodelng Of the law relating TO
the mining contracts, and will vitality anect
all exi-ting mineral contracts.
The state legislature by chapter lO5, Cen
eral Laws of Minnesota, 1895, so amended the
law of 1889 that the state reserves the right
to sell and dispose of all timber on leased
mineral lands and the right to enter upon
such LAM nd pnt such
so that the complications under the former
law cannot again arise.
But in amending the 1888 law, provision
waG included in chapter 105, General Laws,
1895, limiting the duration of life Of a pros
pacing lease to the first day of the follow
ing August, at which time the lease terml-
mates. Under this provision If lessee Sc
cured lease on Aug. 2, of any year he
would have twelve months in which to ex-
anime the land and make thorough pros
pect for minerals; but If he secured lease
on July 1. he would only have one month.
| am of the opinion that one year is not too
long for prospecting operations and the
present provision is detrimental to the de-
velopment of the states mineral lands.
would therefore recommend that the 1895
law be amended in this particular, so as to
make prospecting lease terminate one year
from the date of its issue.
To July 81, 1896. the state had issued 2 4S2
prospecting leases, the fee for which is SIS,
and S45 mining contracts. Under the law of
1895 all prospecting leases expired on Aug. 1,
1896. OF the mining contracts there were
only 103 in effect on July 81, 1896. as 242
had been abandoned. relinquished or Cancelled.
From only one mine on state land has ore
been shipped during the fiscal years Of 1895
and 1896 namely, that now known as the
Oliver mine During that period there has
been received from and under all mineral
leases and contracts and royalties thereon,
$170, 128. SO.
statement is also made concern
ing the section 30'' case, and a change
is recommended in respect to the
printing law Says the auditor:
No private individual would loan his money
to banks at 3 per cent and have obligations
outstanding against him bearing interest at
the rate of per cent-obligations which
must be met sooner or later. Why should the
state? In this connection I would respectfully
suggest that the head of each department be
required to make an estimate of the amount
necessary for printing, binding and advertising
for his department, to the end that the leg
islature may act intelligently IN making the
appropriation. The appropriation should be
based on the estimates thus furnished, and
each department should be limited to the
amount appropriated for that department, save
when the printing commissioners unanimous
ly agree that it Is absolutely necessary to
exceed the appropriation. These estimates
could easily be secured by the proper COM
mittee of your honorable body. through the
assistance of the expert state printer. Under
the existing law the duties of the printing
commissioners as a board are limited to let
ting the contracts. The powers of the COM
m.ttee should be more definitely defined.
The usual tables showing the finan-
cial operations of the state are pre-
scented, the report aggregating 672
pages