The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-11-18
STATE'S CLAIM Vain
DULU N a IRON RANGE LAND
GRANT SUSTAINED By JUDGE
LOCHREN
WILL NOT ANNUL THE GRANT

If the Road Followed Devious
Route Instead of the Most Prac-
ticabIe One, 1t Was the Duty of
the state Officials at That Time
to Have Declared the Conditions
Not FuIhued.
Judge Lochren yesterday in United
States circuit court rendered a decision
for the defenants in the case of the state,
ex rel. the attorney general, against the
Duluth & Iron Range Railroad company.
The action was brought to annul the
land grant of the road, on the ground
that the shortest and most direct route
between the terminals had not been fol-
lowed, as provided in the grant Former
Attorney General Childs appeared for the
state and F. B. Kellogg of Davis KEEL
logg & Severance, represented the de-
PENDANTS. Nearly a week had been con-
sCmed in The trial.
The decision in part is as follows:
The act of March 9. 1875. provided that.
for the purpose of aiding the Duluth e
Iron Range Railroad company to con-
struct railroad from Duluth by the
shortest and most feasible route TO the
northeast corner of township 60. range
u on Mesaba range. there is granted to
AZ an amount OF swamp landss belonging
10 or hereafter to accrue to the state.
equal 70 ten sections per mile for each
mile of road completed.
That when the governor of the state
was duIy notified of the completion Of
each and every ten miles of road 1t was
his duty to have the same examined by
sworn commissioners. and, on their certifi-
cate of the completion of each consecu-
tive ten miles in a good and substantial
manner, as contemplated by this act. he
shouid notify the secretary of state who
snould forthwith cause swamp land GER
uucates to be issued for the number Of
acres so earned.
That the railroad company within
twelve months from the passage of the
act should cause survey of the land
70 be made and file map of the same
upon the swamp lands for ten miles on
each side of the road should be with
drawn from sale.
1t is we'll known that previous to the
passage of this act iron ore had been dis
covered to some extent at points north
east of Duluth.
It was deemed matter of interest to
the people of the state that these iron
mines should be developed. and that Du-
mines railroad connection should be
made from there to these mines
1t was doubtless expected that this
would be an advantage to Duluth. but
there was no provision made in the act
tnat any docks or anything of that kind
should be placed In that city: all that
was provided was that the railroad
SHOULD be built from that point
clearly it was never expected by the
legislature that the iron industry in that
region would develop to the extent it has
done. or the act would not have provided
for a railroad of three feet gau ge to~be
laid with TWEEN ty-five-pOund iron
The act provided that the route should
be the shortest and most feasible not an
air or direct line, but one which should
be determined not only by it's length, but
by other considerations one which
SHOULD be preatably and cheaply built,
ana als0 faks mtg censider9tion the gen
ms act provides in the first place that
map nj be- road.should1 be filed within
8 nd { tfe m Win z b the se F9ad made de
state That would be a notification to
the fe7lee tiyss q eRsTt uaenk of the route
S Sstsft4s 24g me governor and secretary
the interior department has with refer
ence TO grants made by the United States.
to determine whether the route selected
was in compliance with the act. That
matter was intrusted to that depart
ment, and its decision, unless attacked
Tor fraud or something Of that kind is
naaI inogthe matter intrusted TO them.
Inc northern terminus of the road was
changed by the act-of 1888. The object was
70 feach this mining region, and as the
point named in the original act would not
made from 60-12 to 62-15.
The grant up to that time was afoat
- there was no particulars description of the
lands granted, and the change was not
VAlb li4S pDWGI OF the LEGISLATURE
It IS urged-that- the constitutional
amendment of 1881 having been adopted
When the road was In default 1t amount
cd to -a-deelaFatfou of forfeiture and that
the land was resumed to the state and
me legislature of 1883 did not make a new
That would be true If the constitutions,
RInendment had that effect, but I do NOT
tnlnk 1t has. The holdings of all the
courts with reference to legislative dec
iarai1ons OF tOrfeitures are that thew must
De clear unambiguous and unmistakabIe
81 mere Is i5 not W9rd 5 in the constitution
a. afnenoInent OF 1881 indicating the pur-
pose on the part of the state to forfeit
any grant, and it does not declare that
!anGS granted by the state as TO which
~ me c9naltIons OF the grant there had
peen default, should be resumed and
the language does not by any fair inter
probation bear that construction.
b,ItI apSe1rs mat until after the road was
DulIt no lands were certified to the COM
pany, because the provisions of the act. of
1888 provided that that should not be done
III t5tstl t Jr1er [ne Wnole road was built. AT
t.at IIIne the sworn commissioners pro-
V!ded for in the act Of 1875 were appoint
ca, Went over the road, and made their
report that the road had been buiIt in
accordance with the act and there lie no
question but that the road as far as con-
strucuon was concerned, did come up to
tne requirements of the act and lInOn
mat lands were conveyed to the railroad
company as earned by it under these acts
II seems to me- upon the whole case, it is
clear that the railroad company was en-
titled to those lands
am Of the opinion that the COMPLAIN
ant IS not entitled to the relief sought,
ana ana 5hat the state of Minnesota is not en-,
uIed TO the lands that have been decided
70 the railroad company; that it is under
II a,l5L % convey to the company the
amos which have not yet been selected
or conveyed and that the Injunction
heretofore granted should be made per
may say further that the act Of Anr,1
y, 1884, was invalid, as impairing the Oh
Hgation Of previous contracts.
mat act puTports 10 declare a forfeiture
Of these lands; but, as the condition had
been entirely fulfilled, the railroad com
pieted and the lands earned, 1t was not
within the power of the state, as held by
sumo the lands.