The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1903-09-25
UNJUST.
So say Land Men on Swamp Land
Ruling.

| line recent decision OF Tile SeCTcJdIy
of the interior in regard 10 the state
swamp lands will be carried into the
courts by some men interested in the
lands of the country" said prom
inent Duluth land Office attorney, in
speaking of the matter recently.
1.-THE secretary's decision says that
all contests in regard to state swamp
lands shall be decided by the field notes
of the surveyors, except such contests
as were brought before the announce
ment of the secretary's stand in the
matter
This practically prevents all con-
tests against state swamp lands, and
much valuable land that might be
thrown open to settlement is reserved
to the state.
formerly contests were decided by
the testimony of expert witnesses who
had visited the land and examined its
character.
1.-THE law provides that all lands
which contain more than so per cent
of marsh or swamp shall revert to the
state and these lands are thus with
drawn from settlement to be disposed
of by the state in whatever manner
the state officials think best.
"Until the recent decision of the
secretary it was possible to bring con-
tests against these lands, and if it
could be proved by the testimony
of expert witnesses that the land
was less than so per cent swamp
it would revert back to the govern
ment, and homesteads or stone and
timber claims could be filed on it.
The secretary of the interior, how
ever, announced that in future all
such contests should be decided by
the field notes Of the surveyor, made
at the time the land was surveyed.
"This is obviously unfair, as these
field notes were. in most cases, made
several years ago, and even were they
in all instances correct, conditions
may have changed since that time,
and lands chat was then swampy have
become dry, or vice versa. The cut
ting off of the timber in the country
would cause an immense change in
drainage and the character of the
land.
SIN addition to this fact, the sur
veyor, in making his notes, did not
see all of the country. A surveyor
runs his lines. and merely sees small
part of the territory he trayerses. He
obviously could not determine the
nature of all the land lying between
his lines. Neither did the surveyor,
at the time his work was done, realize
that his notes would one day become
the basis of determining the owner
ship of the land he was traversing,
and his field notes were thus not as
accurate as he might otherwise have
made them, and should not be made
the basis of a legal decision.
"Our only appeal from the decision
of the secretary of the interior is to
the courts, and preparations are being
made by several local men to fight it
in this manner.
1.-THE result may be that thousands
of acres of good land will revert back
to the federal government aud will
become available for settlement"
At the time the secretary's decision
was made, contests against the state
swamp lands were very numerous, and
it was believed that this decision
would, in future, prevent an immense
amount of litigation. and would be
the simplest manner in which TO set
tie difficult problem. 1t was belieV-
ed that by following the field notes in
every case, what was lost in one place
would be made up in another, and the
division would be fair to both the
state and the federal government.