The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-06-24

erai Tor the state .Of Minnesota, hled June
13. 1903, and June 1s, 1908, I have de-
cided that lot No. I, section 6, town 5s1a
north, range n west is swamp land. I |
shall therefore to-day certify swamp land
list No. 129.
-"E S. Warner.
Omitted States Surveyor General for Min
nesota.' . - l.E.
The other claimants have thirty days in
which to make an appeal to the general
land office which they will doubtless do.
However, the state will continue the fight
and seems certain to win, thanks to the
efforts Of Auditor Iverson and the at
torney generals forces. - ..a.... ~
Town Lines Diverged.
The peculiar strip known as township
5sH was created by defective survey.
The man who surveyed township IS made
a north boundary line, which was disre-
garded by the surveyor of township SO,
who made a diverged line for the south
| boundary and left 1877 acres in between
So and So. This awas discovered in 1894,
and Merritt S. Cook was given the con-
tract to survey the triangular hiatus"
When he made his report 1t was rejected
by James S. Compton, then surveyor gen
eral, on a showing made by owners Of
some mineral claims in township So, who
| claimed that they included the strip. The
case was carried to the secretary Of the
interior, and On March of 1901 he modified
the order, directing the deputy to return
and correct the survey by restoring GER
| tain quarter section corners.
| The survey he made in 1894 showed by
| its field notes that over half of lot !, Sec
ton 6, was "tamarack and cedar swamp"
| These field notes are supposed to govern
! the land office In determining what is
| swamp land, and consequently what be-
| longs to the state. However, attempts
were made by private parties to get pos
| oec{S 1P% Ia IN+ I,rrl e<1r1 s1~fa
and these claimants finally were reduced
to two men, Bradshaw and Smith, who
filed forestry scrip on it.:
| The Question as to the Swamp.
| When Cook, the surveyor, filed his sup
Elementary report. he said nothing about
the topography of the tract. which was
| allowed to stand as under the survey Of
1894, and it was SO shown in the map The
survey was then accepted and the plat
filed in the state land office Jan. 81, 1902.
Bradshaw and Smith then took up the
matter thru their attorney, J. B. Foraker,
Jr, son Of Senator Foraker Of Ohio. He
took it before the general land office and
got the commissioner to issue an order to
Surveyor General Warner to reopen the
case He did SO and caused both the state
and the claimants to file briefs before him.
| State Auditor 1verson and G. w. Som
erby, assistant attorney general, with Cap
tain Jewett of the auditors office, who
first called attention to the tract made
a special trip to Virginia and inspected
the tract. They found it DOGGY enough
and Mr.. Iverson once went in up to his
waist.
The claimants assert that because the
surveyors report of 1901 says nothing
about the tract being swamp, It must be
presumed not to be. The government rule
Is to accept only the field notes as evil
dence. Acting on this rule, the state
claims there is only one decision to make
The field notes of 1894 were accepted after
the additional work ordered had beer
! done. They showed plainly that the lot
was swamp, and on that showing the
land was SO entered. Cook says himself
that he made no examination of the to.
Biography In 1901. However, the claim.
ants got an affidavit from him after hs
had finished the work and was no longe,
in the government employ. saving tina
the tract could not be strictly classed a,
swamp land, because it would make Eoos
meadow land without artificial drainage
The state denies this. and says that ever
If true that is not the test which deter
mines swamp land His affidavit, the stat,
|, says, is not good either in fact or II
llaw.
Known to Bear Iron.
, The tract lies about two miles north
west of Virginia, in the same vicinity a.
the Sauntry mine, the Mountain Iron an,
, several other large producing mines Of tn
J | Mesaba range. 1T Is absolutely known t
have large body of ore under the swamp
and If the state wins it the tract will b
y Lace y{n1S t,er t1n cfot ysHv. -