The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-12
INVOLVES A MILLION
DULUTH & IRON RANGE RAILROAD
LAND GRANT FORFEITURE
CASE
TESTIMONY BEING TAKEN
Special Commissioners Harrington
Claim Made That the Road
Had Failed to Select the Nest
Feasible Route-Thomas Dowse
Testifies the Road Could Have Sc
cured Anything in Reason.

/
The taking of testimony in the suit
begun by Attorney General Childs on
! behalf Of the state to secure the for
feiture OF the Duluth & Iron Range
railroad land grant, on the ground that
the road had failed to select the most
feasible route between the terminal
points as provided in the grant, was
in progress yesterday before A. A. Far
rington, as special commissioner of the
United States court, at the office Of
Davis, Severance & Kellogg. It WIS a
battle of experts, with Frank Kellogg,
representing the road and backed by
Chief Engineer Angst and Resident
Engineer McGonagIe, pltted against ].
II. Armstrong, who, acting under in
structions of the attorney general had
made survey of a route from Duluth
TO the northeast corner of township
60, range H. which the state claims Is
ten miles shorter and with a better
grade than the route selected by the
road.
Attorney General Childs represented
the state and showed an anxiety re-
gerding the progress OF nffairs belt
tlng case which, II successful, means
that the state viii be enriched by 600 =
600 acres of land roughly estimated to
be worth s1,OO0OOO
The Introduction Of testimony by the
state was begun Thursday morning
when Chief Engineer Angst was placed
on the stand to testify regarding the
present grades OF the rciad in order to
admit OF comparisons by the state
Then ]. II. Armstrong and c. r. Stone
ID
Tor the state. submitted pIats and pro-
hies tending to show that they had
found a good line with easy grades
and good alignment from Duluth to the
northeast corner Of township 60, range
Il, ten miles shorter than the present
line, and in support OF the contention
by the state that the road had not Sc
lected the shortest and most feasible
route.
BUILT THE ROAD AGAIN.
When the hearing was resumed. YES
terday morning, Surveyor Armstrong
resumed the stand and was nut
through line OF questioning by At
torney Kellogg that kept him busy
win explanations. Every stringer and
beam in the plans submitted went
through the hands Of the expert enef-
heers in the employ OF the Duluth e.
iron Range, and every foot of tba
ground covered by the states survey
was discussed In detail. Finally at
noon, Mr.. Armstrong was given a rest
in order TO enable him to consult his
memoranda, and Judge Cary. of Dr-
luth. was called to the stand to testif,,
regarding the value OF the land s1ong
the present line of the road and tbe
line surveyed by the state In the vear
1892. when the Duluth & Iron Rsnea
road was commenced.
Judge Cary submitted a schadu,a 90
the values on the ncreage and tban
was subjected TO a line of questloninq
tending TO show that in extending its
ine so as to include Two Harbors
where the road has its ore docks the
Duluth & Iron Range was justified he
cause no dockage could be obtained at
that time in Duluth.
There was a Ifilroad track extend
ing along the outer harhor line in
1882" said the witness. The 81. Paul
& Duluth had tracks extending from
the breakwater out onto the dock line
on Rice's Point. so that practically the
whole harbor front was surrounded by
St Paul & Duluth and Northern En-
cific tracks. The Omaha road built in
several years subsequently"
Thomas Dowse, who was a real es-
tate dealer in Duluth In the early SOS.
followed with more testimony in regard
to the land valuations. He was armed
with a faded old real estate map OF
1882. TO which he referred to refresh
his memory. He was shown the sched-
ule submitted by Judge Cary and pro-
nounced it to be fair estimate of
the valuations.
MR.. DOWSE'S ESTIMATES.
81 should say that the land In 50-l4
was worth about $40 an acre" said Mr..
Dowse. In 51-IS It was worth prob
ably s. an acre. The general charac-
ter of the land east and west OF 5l-I3
was about the same and might have
! brought $3.50 an acre.
I'm making there estimates, how
ever. it must be taken into consldera-
ton that the land from Twenty-fifth
avenue east 10 Two Harbors, which
skirts the lake shore. has always been
more salable than inland acreage, ana
J / should say that the land in 5o-Is