The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-06-26
STATE OFFICIALS SAY THERE WAS
NO PURPOSE TO SELL IRON
RANGE LANDS.
WAS A CASE OF STRAW MAN
ERECTED BY COBB AND HIS COUN-
Sell MERELY TO BE KNOCKED
DOWN.
STATES DEFENSE A SECRET
1t Refused to Fail Into the Trap
Laid for 1t by the PIaint-
IFS Counsel.

The Iron range land grant matter
will rest in quiet until July 8, which
date was set for a conference between
Judge Lochren and the opposing coun-
sci as to the exact wording of the de-
cree which will be handed down in
written form that day.
In it's oral judgment of Thursday, the
court held that the state would at any
time have the right to institute pro-
ceedings in any court of record, to test
the main issue and these proceedings
are to be instituted next month, prob
ably in the district court of st. Louis
county. Whichever side loses will I'M
! doubtedly appeal to the supreme court
of the state and finally the issue will
go to the United States supreme court.
The transfer of the Duluth & Iron
! Range property was made to Walter
+. Cobb in the first instance, in order
10 pave the way to the suit which is
now on, and this was brought out at
length in the arguments before Judge
Lochren made by the states special
counsel. This litigation by Cobb has
two purposes. one is to secure an in
juction restraining the state from dis
it should be said, is the ostensible pur-
pose only; a mere side issue. And 1t
was upon this issue that Judge Lochren
! made his ruling and said that he
would grant a restraining order. The
other purpose, and an important one,
is to prevent the states officers from
bringing suits &c test not the validity
of the grant but the right of the road
to hold the lands. Il was upon this
first point-that Of the states cutting
| timber on the land OF disposing of it
| by sale-that the matter was brought
| before Judge Lochren.
The states counsel insisted from the
start before the court that it would
| not go into the merits of the case or
! consider it on the main issue-that Of
| the right of the road to hold the lands
and this policy was adhered to. In
other words, the state refused to dis
close it's defense.
'The issue as to the states DISPOSE
ton of these lands" said Auditor Dunn
| yesterday I'VE care nothing about,
| for we never have wanted to sell the
| land nor do we want to sell 1t now.
| Why so careful have l been to keep
the states record clean in this matter
that I have refused since this litiga-
| ton has been threatened to sell the
grass growing on the land. We are
| perfectly willing that the court should
restrain US from selling the land, for
| it is not our purpose to sell it; and
we are willing, too for the court to re-
/ strain US from bringing suits on side
tissues until the main question is de-
! termined. These things are all right
! from our side Of the case and are real
ly all that yesterdays decision amount
| ed to. 1t did not touch the merits Of
| the proposition at all, and the court ex-
| pressly states that we may at any
time bring an action on the main is
sue-the right of the road to the lands
in any court in the state. Now, this
being true, yesterdays decision by
! Judge Lochren was practically vic
| tory for that state, and we so regard
| it.
eve have not been beaten, and there
has not been any decision on any vital
| point. Judge Lochren will issue his
restraining order upon his return from
| Gettysburg, July 8, but the state cares
! nothing for it. Cobb and his principals
know full we'll that yesterdays decis
! ion does not get at the root Of the
case. We will go right along, and
| when our council is ready our main
suit will be instituted and pushed with
all of the force possible. On the
| strength Of a consultation [ had with
| w. P. Warner this morning, 1 am moro
fully convinced than ever that the
state will win