The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-03-24
old RULE RESTORED
Secretary Of the Interior Gives Rul-
ing in Minnesota Swamp
Land Case.
Governments Practice in Vogue
from 1851 to 1885 Is Re-
vived in Part.

The ruling of the secretary Of the In
terror in the Minnesota swamp land case,
which has been received by State Auditor
Iverson. restores the practice of the gov
eminent In vogue from 1861 to 1886, ex-
cept as to existing contests involving
homestead claims. These will still fol-
low the decision of Secretary Lamar in
the Lachance case, in which the depart
| ment Of the interior confessed lack Of
| faith In it's own surveys, and refused to
| take them as conclusive evidence Of the
swampy character of the land. Secretary
| Hitchcock says that sixteen years. ex-
! per1ence under the new rule has proved 1t
a mistake. His instructions to the land
| offices Of Minnesota are as follows:
| s"First-That all existing contests and
controversies between an actual and bona
.fide homestead or presumption settler.
! whether the settlement was made before
| or after the survey, be disposed Of under
| the rule announced In the Iachance de-
cision. .-." .z
! "Second-All existing contests or con-
troversies in which there is no claim Of
actual and bona fide homestead or pre-
enption settlement will be disposed Of
under the original plan of following the
| field notes.
! ''Third-1n all future surveys Of land in
1 Minnesota care must be taken by your
! Office and by the surveyor generals office
| to put the surveys in the hands Of capable
and honest surveyors. and to exact from
them faithful, efficient performance of
| their duty. including faithful and accu-
rate notation Of the swampy or non
swampy character of the lands surveyed.
After such surveys have been completed
In the field and at the earliest possible
| time, especial care must be taken to
| have them carefully inspected with refer
ence to the accuracy Of the surveyors
notation respecting the character Of the
LAND, with a view to having such sur
Isveys and rotations perfected and cor
(rected where deficient or inaccurate.
Isl 4"'Fourth-Al1 contests or controversies
thereafter begun respecting the swampy. or
| non -swampy character of lands in Min
nesota. whether heretofore or hereafter
surveyed must be determined by the
| field notes of the survey.
| "Fifth-No contest or controversy which
has heretofore been carried to hearing
and decision will be in any manner dis
turbed or affected by these directions.
/ ''Sixth-Where there are two or more
surveys Of the same lands that survey
which has been finally approved and which
Is recognized as the existing or subsist-
ing official survey is the one to the field
| notes of. which alone attention will be
given hereunder; and swamp land being
generally the exception and not the rule
I throughout the public land states having
a swamp land grant, and it being the
practice in public surveys to make spe-
cial notations Of the swamp lands rather
than of the dry or non swampy lands,
the silence of the field notes and surveyors
return respecting the character Of the
land will be treated as equivalent to a
statement that the land is dry or not
swampy.
.'Seventh-The best energies Of the prop
err divisions Of your office should be de-
voted to obtaining such accurate surveys
and notations of the character Of the
lands which may be hereafter surveyed
IN this state as will obviate the existing
cause Of contest and controversy, and
such energies should be further devoted to
the early and correct disposition of all
| such pending contests or controversies
and to the prompt and careful prosecution
of the adjustment of this grant so far
as the lands in the state have been sur
| veyed." -.. ..:, -: - =