The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1902-12-05
Finally Decided.

The Craig forty in the famous
section 80 has been awarded the lucky
claimants of the other acres by Judge
Lochren of the United States court.
The other lands in the case were
supreme court of the United States
nearly year ago. In speaking OF the
case the News Tribune says:
Seven of the forties were involved in
the case which went to the United
States supreme court, and the eighth
forty is the one which Judge Lochren's
decision of yesterday concerns. 1t was
not carried up to the United States SUI
preme court along with the seven for
ties, because the Midway company and
the Minnesota Iron company were liti-
eating as to their respective rights.
1t was decided to carry up the case
involving the bulk of the property and
proceed with the one relating to the
single forty as might he convenient.
The same general legal conditions gov
erned in the case of the Craig forty as
IN the others.
The second case came into existence
as a result of the land department
making a decision as between A. M.
Miller, of the Midway company, and
the Minnesota Iron company, as to
which was entitled to the seven forties.
The department held that Miller was
entitled to the seven forties, and the
Minnesota Iron company's claims were
set aside. The decision did not affect
the Craig forty, and so the claimants
were left to contend for this particular
piece of land.
The decision of Judge Lochren ap-
pears to have set aside the claims of
both the Midway and the Minnesota
iron companies to the Craig land.
Eaton has scripped the entire eight
forties with Sioux scrip. The Midway
company used Valentine scrip and the
Minnesota Iron company Porterfield
scrip.
The plaintiffs in the case just decid-
ed are the successful ltigants in the
section 80 case decided one year ago,
namely, Frank w. Eaton, r. H. Fa-
gan, Leonidas Merritt, If Duluth, and
George ]. Lonstorf, of Milwaukee. If
the decision by Judge Lochren is sus-
tanned as to the Craig forty, they will
have title to 800 acres of section 80.
Otherwise they are safe in their title
to $50 acres which they secured in the
decision OF one year ago by the United
States supreme court.
The decision Of yesterday has been
considered Il foregone conclusion by J.
l.. Washburn and L. G. Harris, attor-
neys for Eaton and his associates, ever
since the decision by the United States
supreme court affecting the seven for
ties. The same legal points were in
Volved. 1t was the Sioux scrip which
won in the big fight and the same
question was involved in the case re-
iating to the Craig forty.
The forty has come to be called the
Sullivan forty by reason of the Ions
residence upon it of John Sullivan. He
has been in the employ of Eaton and
his associates for fourteen years tC
look after the 230 acres, and he has re-
sided continuously on the Craig forty
1t is claimed that on the Eaton lanes
in section 80 is found the finest out
crop Of iron Gre ever seen in Minneso-
ia. The property is considered to be
of great value, though it has neve,
been explored to any great extent.
1t is reported, and not denied by the
interested parties, that they ask a bo-
nus of $4,000,00O for lease and 80
cents royalty on a sliding scale mini
mum.