The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-07-08
SUIT IS INEVITABLE
Action of the Auditor in Leasing
Longyear Lake Bed Will
Be Fought.
Trend Of General Opinion Is That
the State Has No Claim
Whatever.
Special to The Journal.

Special to The Journal.
Hibbing, MINI, July S.--The action of
the state auditor in leasing the bed of
Longyear lake to iron-ore prospectors will
doubtless lead to a very pretty contest in
the courts. 1t has been reported that
some other lake beds on the e-bearing
formation of the Mesabi and Vermillion
ranges had! been likewise leased, but this
Is not true, for no leases other than that
Tor Longyear lake have yet been granted.
Applications for about thirty have been
made the state and iron men here are
wondering why, If one has been granted,
the others are not. Probably they will be.
1t Is stated that the attorney general has
made no ruling on the right Of the state.
and has given no opinion as to what may
be expected III the matter. OF course, If
there are millions OF dollars worth Of ore
under these lakes, and they are the prop
erty of the state, 1t should lease them
and get the resulting revenue into it's
school and institution funds as soon as
may be. The trouble is that general opin-
ion as to the law and the rulings Of courts
In many states are against the conten-
ton that the state Of Minnesota has a
claim
1t is asserted by leading attorneys who
have looked into the matter, that the
courts are universally on record that RI
parian owners control tho the centers Of
meandered or navigable rivers, to the ex-
clusion of all others claiming rights other
than those of navigation; also, that me-
andered lakes are under the same rules
and jurisdiction as meandered streams.
In Iowa the rule Is that riparian own
ers hold to the lines of their governmen t
subdivisions; elsewhere that they hold to
the center, and various rules OF courts
have been laid down under which the
center of crooked lakes and rivers Is to
be settled. Such a ruling, If maintained
how fho fat MI
any lessees under it, from holding or ex-
ploring mining or draining any of these
lakes.
Then, again, since the shores Of all
these lakes are held in fee by private
owners, no lessees under the state can
enter upon these lakes without crossing
lands admittedly owned by and in the
actual undisputed possession of those who
will contest with the state for the water
rights. In other words, the states lessee
cannot enter the lands it Is purportlng TO
give them, without trespass1ng on LANDS
of opposite claimants, and this add very
interesting situation and one that affords
room for much speculation is to what may
be done.
Among the lakes for which applications
have been made are Little Mesabi, which
is owned by Swallow & Hopkins, and Is
under lease to the Donora Mining COM
pany; Snowfall lake, Armstrong lake,
which is owned by Ille oteWaiu Ntiilei ca
company, and others, and part OF which is
under lease to the Mahoning Ore and
Steel company: Diamond lake, Oxhide
lake, Ely lake, Manganika lake, Virginia
lake, and many others.
It is not generally known. but the state,
two or three years ago, granted a lease
for a forty-acre tract in Carson lake. sec
ton 1O-57-21. on which ore has been found
by lessees under the state. This forty
lies entirely within the meander line and
Joins the portion of the lake included in
the eighty acres of the Ieetonia mine.
The genera situation complicates this
lease, or Is complicated by it, as one looks
on the matter. This lease Is controlled
by c. A. Congdon Of Duluth.