The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-02-05
SETTLERS CAN CHOOSE
IF THEY CAN MAKE HEAD OR
TAIL OUT OF EITHER
BILL
Y0UNG'S VS.. F0sNEs' IDEA
est of the Settlers, Although
Their VcrbiaEe is DissimiIar,
and They Are Shrouded Ia What
Is Sometimes known as Legal
LINGO

Since The G o has brought coTspcu-
ously before the public the bill introduced
by Senator E. T. Young ,(Rep. of Swift
county,. which purports to be in the inter
ests of settlers on lands claimed by the Hast
ings & Dakota road, some inquiry has been
made as to what has become of H. T. 90, in
troduced by Mr.. Fosnes rep, of Chippewa}
which passed the house and was understood
to be directed at the same result which n
ator Young now says his bill aims at.
Mr.. Fosnes' bill was as follows:
H. F. No. 55-Introduced by Mr. Fosnes
Jan. L, 1899. Referred to ,corlmittee gen
eral legislation. Reported back Jan. IL 1889
Passed by the house Jan. q.
An act defining the rights of parties. the
rules OF evidence and the procedure in the
trial of the title to lands in certain cases.
Be it enacted by the Legislature Of the state
OF Minnesota.
Section 1. That the rule Of law row in
force, That a tenant. while in possession of
leased premises. cannot dispute the landlords
title. shall not apply in cases where the
landlord never had actual but constructive
possession merely Of the premises leased
prior to the execution of the lease, where the
tenant claims title to the premises leased by
adverse possession, and where the tenant
was prior to and up to the TINA OF the max
ing OF such lease in the actual, open, noto-
rious hostile exclusive and adverse posses
sion of the leased lands, but that in all
actions brought for the recovery Of the pos
session of lands, where such facts exist, the
tenant shall not be estoDped from disputing
the landlords title but may be permitted to
| assert and prove title by adverse possession
of the leas ID premises, without first surren-
dering possession of them.
Sec. 2. This act shall take effect and be
in force from and after its passage.
After it passed the house il was sent to
the senate, where it was given its first read
ing Jan. %. Singulariy enough, two days
later, Senator Young, chairman Of the
identical committee 20 which his supposed
oollaborateur's bill was referred introduced
a bill in different language. Both men are
lawyers, and yet their final judgments as
to the best way in which to protect the set
tiers find expression in greatly variant terms.
The Young bill is as follows:
A bill for an act defining the rights of
parties in actions involving title to land in
certain cases.
Be it enacted by the legislature of the state
of Minnesota:
Section l. Whenever any person enters in
to the possession Of any lands or tenements
in this state, under pursuant to lawful
lease thereof he shall not be permitted while
in possession to dispute or deny the title
of his landlord in any action brought by
such landlord or any one claiming under or
through him to recover the possession of
any such land tenements. But such es-
toppel shall not apply TO any leasee who at
and prior to the time of accepting any such
lease is already in possession of the leased
lands tenements under any claim title
adverse hostile to that of such lessor.
Sec. 2 This act shall take effect and be in
force from and after its passage.
One theory that is now being exploited at
the capitol perhaps emhodying the true
are as their authors claim them to be, in
the interests of the settlers in SO far as ia
cilitatfng the bringing of their cases into
court. But there is this basis a contin-
gent interest on the part of the lawyers of
the locality interested to this extent. Hfth-
eric many settlers, rather than submit to the
expense and annoyance of fighting for their
rights in the courts. under the old rule
have been willing to sign leases by which
they paid to Russell Sage. trustee. or his
representatives a sum which might not at
hn hrrrd Toaftf fatfn rfn
trial of these cases, it is calculated that the
settlers will flock to the courts in large num-
bers to have their rights adjudicated and
as a result. the lawyers of the district will
be afforded an increased opportunity and a
correspondingly enlarged income, for time
at least.
The Young bill is on general orders in the
senate for Wednesday, but may not be reach
ed on account Of the special order making
the osteoDathie and general bills the subject
for the discussion of the afternoon of that
day.