The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-07-22
SIX HfEK5 TIE LIMIT
IRON RANGE ROAD MUST MAKE
IT'S SELECTIONS By
SEPT. 1
CLOSING UP LAND GRANTS
Gov. Lind and Auditor Dunn Have
Gotten Their Heads Together,
and the Company Must
Comply.

The evident disposition of the Duluth
& Iron Range railroad to delay the Sc
lection of swamp lands, granted it under
the act of 1875, Is the subject of CORE
spondence between Gov Lind and State
Auditor Dunn, resulting in notice being
served on the railroad company by the
state auditor that all selections must
be made by Sept l. The law prescribes
no limit for making these selections, but
common law rulings on this subject hold
that the selections must be made within
a reasonable time. The legislature of
| 1898 passed q law requiring all railroad
| companies receiving grants from the
| state to make selections within two
years The Duluth & Iron Range grant
| from the state in 1875 provided for an
| absolute grant OF ten sections per mile
| to be selected within ten miles on either
| side OF the right Of way, and, in case
| there was not sufficient swamp land to
| I'LL this grant, within the limits pre-
| scribed, then other lands in certain
counties might be selected.
The railroad company has refused to
make the selections until the spirit
| moves them. and Mr.. Dunn thinks that
twenty-five years Is long enough time to
| give for this purpose, and If selections
! are not made by the Duluth & Iron
Range by September l, the state will go
| ahead and make the selections The OBJ
| ject is to god the grant cleaned up with
| as little cost to the state as possible.
| The state is constantly having to defend
| swamp land contest cases in the Duluth
| district, and the litigation is rather ex-
| pensive. Besides this, several other rea-
| sons obtain why it is desirable for the
| state to clean up It's swamp land grants
| to railroads.
| At any rate, whether the companies like
+
| VIII compel them to make selections, or
| the state will do the selecting. The Du-
| luth & Iron Range road is really the
| only road that has any considerable
| amount Of indemnity land still coming,
| it's share amounting to 405, 62S acres. 1t
! is probable that the matter will be car
| ried to the courts by the corporation,
! but the governor and state auditor are
| sure Of their ground, and will require
| the selection Of the large acreage by
| Sept. /.
| Gov. Lind, in his letter to the state
| auditor yesterday, says:
| ''That the legislature had the power to
| define what was a reasonable time for
| the filling of the grant. seems to me not
| open to question, especially in view Of
/ the congressional legislation Of the same
| character which had been accepted and
| acted upon by all departments of the
| government and the courts as a 4egfti-
mate exercise Of legislative power
1.-THE contention of the Duluth & Iron
| Range Railway company that it is I'M
| der no obligation to select its lands
within a given time, and that the state
had no power to fix limit within which.
the grant should be adjusted, is, as 1t
| seems to me, little less than absurd. 1t
involves the proposition that that COM
pany could, If it saw fit, compel the
state Of Minnesota to hold its entire
swamp land grant, in the counties Of st.
Louis, Lake and Cook, in suspense for
q hundred years, without being able to
dispose of any part of the same, or sub
ject them to taxation.
1.-THE notice which you propose to give
the company requiring them to select
their lands before the first of Septem-
Der next, is not, in my judgment, at all
necessary, as you would have the right
to award them lands to which they are
entitled at this time. There is, how
ever, in my judgment, no objection to
this course, and it certainly removes
| every reason for complaint that the cor
poration has not had ample time and
| opportunity to select the lands to which
| it is entitled, and 1 would therefore rec
| ommend that you notify the company.
| as suggested, and in event that it fails
| to act that you prepare a deed imme-
| diately after the first of September, con-
NSy lIlS " lIlGul lIlG DtIcLDCS OI ldnQ 10
which they are entitled and which will
| promptly receive my signature. I have
! conferred with the attorney general in
regard to the views herein expressed, and
| he authorizes me to express to you his
| concurrence"
| But two other land grants to railroad
| companies remain unsettled and they
| are being speedily adjusted. State Au-
| ditor Dunn in the same communication
| laying before the governor facts regard
| ing the Duluth e. Iron Range grant,
| made report upon the Wisconsin, Min
nesota & Pacific grant and the Little
| Falls & Dakota road grant. The first
mentioned was supposed to have been
| flied in 1885, but since it has developed
| that for a portion of the lands decided
| to the company at that time the state
| has not received patent owing to the
| land being otherwise disposed of by the
| United States. For the final adjust
| ment Of this grant it will be necessary
| for the state to convey TO the company
| 22S0 acres, before complete satisfaction
| OF the original grant of 275,0 acres. The
| transfer will be completed by Sept l.
| With the Little Falls 81 Dakota road
| the company failed to complete the
| number of miles of road named in the
| grant, and it is claimed by the state
| that the corporation received an excess
| The matter is now in the courts, and the
| grant cannot be adjusted until a decis-
| ion is given.