The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-05-30
SUB FOR SCHOOL Land
STATE TO BRING AN ACTION
AGAINST THE SECRETARY OF
THE INTERIOR
INDIAN RESERVE SECTIONS
Their Ownership Is Claimed by the
State Under the Sweeping Terms
of the Organic Act of IS49-Fed-
erRI Government Holds That
They Were Not Included There

AS a result of a conference held yes
terday between Attorney General Doug
las, State Auditor Dunn and ex-Attorney
General Childs the state will soon COM
nlence legal proceedings against the
secretary of the interior to enjoin him
from issuing patents to lands In sec
tons Is and SO on Indian reservations.
The department of the interior recently
decided that the statute which set aside
two sections in every town for school
purposes did not apply to the lands sit
uated in the Red lake Indian reserva-
ton of the interior for about five years.
where it was first taken by the state, in
appealing from a decision of the Crooks
ton land office. The point at issue De-
tween the state and the Washington
officials is whether or not. by reason or
Indian settlement and possession that
the reservations are except from the
statute reserving sections 16 and Sc Tor
school purposes. The result of the con-
troversy affects quite a number Of set
tiers who have gone on the lands and
homesteaded since the reservation was
thrown open for settlement The state
demands the right to dispose on these
sections purely under the law of Feb 70,
1857, authorizing the organization Of a
state government out of the territory OF
Minnesota, which reserved In the broad
est terms and with no qualifications
whatever sections 16 and SO in every
township in the state.
State Auditor Dunn has made several
trips to Washington in the interest of
-, SsKarr
these lands, and Tim Byrnes, of Mime
apolis, spent several weeks at the ma
tons capital before the interior de-
partment urging the states claim, and
the decision was only given by the de-
partment a short time ago, 1t Is said, be-
cause the settlers squatting on these
lands have in many cases submitted
their proof of homestead, and have ap-
piled for patents.
The organic act establishing the ter
rltory of Minnesota, passed by congress
March 8, 1S49, as we'll as the state or
ganic act ten years later. provides for
the unrestricted reservation of these
sections for school purposes.
State Auditor Dunn believes that the
state has a strong case, and that the
supreme court of the United States will
recognize the states right to school sec
lions on the Indian reservation. In the
first place many authorities state that
congress has, since the adoption Of the
constitution, sought to bestow a bounty
upon the states for the education of it's
children
AS a policy Of the government In pro-
noting free schools and the education
of its people Mr.. Dunn believes the court
of the highest resort at Washington will
uphold the states claim. The constitu-
ton Of the United States. and the sub
sequent laws setting aside these sections
for school purposes will constitute the
basis of the states claim against the in
terror department before the supreme
court Of the United States
The decision Of the interior department
means loss of $150O,0OO to the school
fund of the state, unless the supreme
court sets aside the decision: