The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1899-11-24
So PER YEAR IN ADVANCE.
The decision was


in favor of the road on every point.
The title of the action was some
what complicated, the Minneapolis g.
st. Cloud and the Great Northern
railroads with Walter F. Cobb appear
ing as defendants in one case, in which
the state Of Minnesota was the plain
tiff, Walter T. Cobb being the plain
tiff in another action which was de-
Tended by the Duluth 81 Iron Range,
State Auditor r. G. Dunn ct al and
the Duluth & Iron Range and Cobb,
plaintiffs against the state ct al in a
second case. But the question at
issue was the forfeiture of the grant.
In 1874 the legislature granted lands
to the Duluth & Iron Range to assist
in building a railroad from Duluth TO
what was then supposed to be the
iron mines in township go, range Il,
on the east Mesaba range. 1t after
ward developed that there were no
mines there and in 1883 the legislature
authorized the railroad to change its
northern terminus from 60-12 to 62-15
at Tower. The railroad was subse-
quently built and maps of definite
location were fled in May, 1888. The
governor appointed commission con-
sisting Of William Bickel, R. B. Lang
don and Fl. B. Strait to examine the
road. They reported that it was con-
structed In accordance with act. For
a period Of ten Years the state made
deeds to the road of lands to fill its
grant, covering 200, acres or more.
1t lays claim to about 100000 acres
more.
The original contention of the state
was that the road by its Original char
ter should have been built by the
shortest and most feasible route
from Duluth to the designated north
ern terminus" and contended that it
did not follow such a route in that it
followed up the shore of Lake Super
ior to Two Harbors before turning
north, Testimony in the case swas
| taken some time since.
1t was contended for the road that
it has spent SIS, 900, 900 in construction
Of railroad and ore docks; that it has
paid 100000 in taxes; and that the
state has realized a revenue from the
| mines operated on its own land in
consequence of the construction Of
the road amounting to several hund-
red thousand dollars.
| E. B. Kellogg for the railroad as
serted that the appointment of the
commissioners to examine the road
and the acceptance of their report
was conclusive as to the right OF the
road to the grant and that the sup
rene court Of the state in the case Of
the Minneapolis & st. Cloud-now
the Great Northern-against the Dull
nth s. Winnipeg had held that this
Duluth s. Iron Range grant had been
earned and could not be taken away.
Discussing the testimony, Mr.. Kel-
logg called attention to the testimony
of Chief Engineer Johnson Of the
Omaha: Morris Of the st. Paul &
Duluth; Messrs Long and Abbot of
Minneapolis; Fisher McGonagle and
Angst Of the Iron Range, that the
Iline is the shortest and most feasible
route. 1t is part Of this contention
that it was impracticable for the
road to reach suitable ore dock prop
erty on the Duluth Superior harbor,
as the st. Paul & Duluth and other
roads owned all of the property that
might be available for ore docks, and
which could not be condemned by
another road.
The state made survey last winter
in support of its claim as to the route
but the railroad produced testimony
to the effect that 35 per cent of the
entire route surveyed by the state is
lover swamps where railroad building
is impracticable; that more than 50
per cent of the upper half Of the
states line is of this character. much
of it being over open lakes, where the
survey was not possible only because
it was made in the dead Of winter.
and that in the spring the surveyors
stakes floated away.
Mr.. Kellogg made very able pres
entation Of the facts of the case for
railroad. Former Attorney General
Warner appeared for the state as a
special counsel employed by a state
commission to prosecute this and
other land cases in which the state is
interested.
The state has served notice that it
) will appeal the case.