The representative. [volume] (St. Paul, Minn.) 1893-1901, 1897-04-14

H FlnOS Anat tnG MOunta1n 1EOn MlAo
ing Property Once Belonged to
the COmmOnwealth-Fu That
the State Has Never Sold or PART
ed With the Title to the Lands
History Of the Transaction Per-
tanning to the Relina uishment Of
the Property-SugSesti0n for F,u-
ture Action.
ST. PAUL, April 6.-The report Of the
Mountain Iron mine Investigating comit-
tee was presented to~both houses today.
1t finds, in general way, what has already
been indicated by THE TRIBUNE. The
report in brief is as follows "
Prior to the beginning of this inveStfga-
ton the committee to investigate the Noun
tain Iron Mine property organized by select
ing Ignatius Donnelly chairman and Rep-
resentative Hill as secretary. The inquiry
was directed to examine witnesses upon
four questions: First did the state ever own
said lands; second, di;! it divest itself of
the titles to these lands; third, what were
the circumstances under which the pre-
tended REIMBURSEMENT of said lands was
made, fourth, what steps should the state
now take for defense of its rights in the
premises.
that a committee of the Legislature Of 1895
investigated the REIMBURSEMENT Of the
lands. The description fthese lands Is
given and the property is valued at more
than $l2,0COOCO at a conservative estimate.
Upon the question as to the state owning
the land the committee finds there can be no
question. All lands in the state are origin
any owned by the government OF the Unit
ed States By the organic act of the state
congress granted it sections Nos 16 and S.
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 land that the
Mountain Iron property was granted TO the
state. The lots mentioned were made part
Of the school lands in place of parts OF
sections which had been disposed of. 1t
appears in the records of the land office at
Washington that the state filed upon the
school lands of the state and the selections
were noted on the tract book of the general
government.
HELD ITS CLAIM.
On the questions Of the state ever having
Invested itself OF the title to the lands, the
committee says:
The governor is the legal custodian of
all the property of the state not especially
entrusted to other officers. He is the
custodian of the public lands. It is clear
that the state having obtained possession
of the lands it could not have Invested it.
self 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 were
once unquestionably the property Of the
state, and it has never sold the same or
parted with titles thereto in accordance
with the laws of the state. Consequently
the property is still owned by the state.
In 1884, State Auditor Braden filed nine
different lists of selections of the indemnity
1on1 tho ,;,,+h Itch {o;,
Mountain Iron property. For nearly four
years the state remained in undisturbed
possession OF this property In January,
1883, Auditor Braden wrote to the land Of
flee at Washington, and asked whether in
consequence of the new rules of the de-
partment he had not better wipe out
previous selections and make new ones
This was q preposterous assumption made
three years after the selection of the land
in question. On Jan. q Mr.. Braden re-
ceived Geographic notification from u
friend in Washington that the land office
declined to advise him what to do Mr.
Braden then acted promptly and relin-
pushed the lists from I to II and made
out a new list as number II, in which he
left out the Mountain Iron property.
The committee finds that there can be
no doubt upon the point that .~ State
Auditor Braden knew when he relinauished
the Mountain Iron property that it con-
tanned iron and was valuable. Nine mouths
before he attempted REIMBURSEMENT he re-
ceived a letter from Professor N. H. Win
cheil. the state geologist, which Informed
him Of sufficient facts to warrant his
knowing the value of the land The re-
ports of the state geologst as early as 1881
and 1882 show that there was an OK
tensive iron district in the state known
as the Mesaba range and the Vermillion
range and giving descriptions of explora-
lions. The Mountain Iron property was
discovered nv the state eucharist IN, IN
of 1890. 1t appears from the testimony of
Professor Winchell that time and again
prior to the time of the pretended relin-
enlistment in January, 1888, that gen
tleman had notified Auditor Brad
en- that land upon the Mesaba range con.
tanned great quantities of iron ore. and
advised him on behalf Of the state to hold
on to them. The state was dispossessed
by the act of REIMBURSEMENT by Mr. Brad.
en-. John Helmer. in conjunction with a
Duluth attorney, Ralph N. Marble, and
guided by consultation with Alfred Merritt
filed on the lands in 1887, and in 1888 Joshua
Helmer was placed on the land as a
homestead settler.
The committee says on this point:
1T was an extraordinary performance
for citizen of the state to attempt to
get possession of part of the school lands
of the state which the state held without
controversy for nearly fo:lr years Such
step could not and would not have beer
taken, 1t seems to your committee unless
claimant believed the state could be in.
duced to relinquish its right to the land
or unless there was a conspiracy between
the state officials and the third party to
dispossess the state
COMMITTEE CONCLUSIONS.
In conclusion your committee finds, first
that the lands in controversy became in
1884 the property of the state as part of
the school lands of the state that
no tot hoo,
CT its title to the same in the manner
attempted. it at all; third, that the state
auditor and state land commissioner had
no right to re'inqu:sh these lands on be-
half Of the state and that any such at
tempt at REIMBURSEMENT was null and void:
fourth, that there was evidence produced
before your committee which tended To
show that when such attempted relinuuish-
ment 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 region of country
Of vast possibilities and great prospective
wealth; fifth, your committee is fairly of
the opinion that testimony can be obtain
ed tending to establish the fact that a
combination was entered into by certain
parties to divest the state of its title Of
these valuable lands; sixth, that it is the
duty Of the state to take Immediate stems
to establish its title to this very valuable
property. -~1eo -r s.
We would, therefore, respectfully recon-
mend that the two houses unite in the
appointment of joint committee to con-
siSt of three senators and four members
of the house of representatives, to be an
pointed by the presiding officers of
the two houses, respectively. to sit after
the adjournment of the present ses-
sion and during the recess. of the
same with power to institute, in
the name Of the state. sdch proceedings as
may be deemed necessary and to employ
ca1it HI to ill.,