The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1900-07-20
ELY, MINNESOTA, JULY 20. 1900.
The Surveyors Did 1t.


| Within the past few weeks a large
number OF swamp land contests have
been heard in the Duluth land Office.
The cases are brought by settlers,
with the state of Minnesota us de-
PENDANT, although generally the de-
Tense is made by some railroad com
pany as intervenor, to whom the state
has transferred its right.
According to an act of congress
passed in 1860 all swamp lands in
Minnesota, Michigan and Wisconsin
were to be turned over to the respect
I've states, they agreeing TO abide by
TIE government survey in determin-
ing what was swamp land. For all
such the states were to have title.
The official plats OF the land, made
by the government surveyor general
from field notes of contract surveyors,
was for years accepted as absolute au-
thority by both government and state
Iand all lands on the plates as swamp
were given in the custody of the
latter. 1t appears however, that
through fraud and carelessness, the
surveyors put thousands of acres of
land that was high and dry, in fact
some of the best in the state, on the
platS as sWamps. But finally com
plants were returned to the govern
ment by settlers 'on good land, but
which was marked on the plats us
swamp and to which the state claimed
title, THAT the interior department.
decided that if it was clearly shown
THAI land was not swamp, regardless
OF what WAS shown ON the plat, the
state was not entitled to it. That is
the general phase of the cases now
before the department. Settlers are
endeavoring to prove that the state
or the parties to whom it has trans,
ferred lis interest, are not entitled to
the land because it is not swamp.
The very fact of the contest is re-
garded as almost prima facie evidence
that it is not swamp land, for if it
was, no one would go to the expense
of contest for its possession.
This calls to mind Governor Lind's
recent action in writing to Attorney
Central Douglass and urging that
some action be taken in regard to the
alleged encroachment by the govern
l.lt
granted to the state, under the
swamp act. The encroachment com
Eplained9f consists of the decision Of
tAeinterior department in allowing
settlers to endeavor to pl.ggsd a4t8t cer-.
tain lands are not as allegUith the
The governor has also bS. prom res
quently quoted as referring to re
great loss the state has Sustained by
these contests and intimating that
great injustice is being done.
The officers of the Duluth land
office look upon the governors atti-
tude in the matter as assumed purely
Tor campaign purposes. They assert.
With every mark of truth. that in
instead of the state being cheated out
OF swamp lands, the government has
lost thousands of acres of the best
land I'D the state, through the mach
nations and dishonesty of govern
ment surveyors, the land being plat
ted as worthless swamp.
The fraud was finally discovered,
and settlers allowed to contest, and of
the scores OF cases tried, the records
show that the state and Intervening
railroads lose nearly all of them. The
state itself, however. rarely appears
III Il case, as SO large a proportion of
its land has been turned over to the
railroad companies, against which
the settler has to conduct his fight.