The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-07-02
Attorney General Approves.

The question was submitted to the
attorney general of the state, who re-
turned an opinion to the effect that
the state has the right to grant the
leases. In this opinion Attorney Gen
eral Douglas says:
Under chapter % of the laws of 1889,
as amended by chapter los of the laws of
1895. chapter 312 of the laws of 1897 and
chapter 225 of the laws of 1903 the state
auditor is authorized to execute leases
and contracts for the mining and ship
ping of iron ore from any state lands
now belonging to the state or from any
lands to which the state may hereafter
acquire title. subject to the conditions
hereinafter provided.
Here he quotes extensively from the
supreme court decision in the case OF
Lamprey against the state. 81 Mimi.
181, and as his conclusions from the
law as therein elucidated he says:
You are therefore advised that in my
opinion under the law cited and under
the rules established by the supreme
court in the Lamprey case from the syl-
labuS of which l have just quoted you
are authorized as land commissioner to
issue prospecting leases for mineral con-
tracts on the bed of meandered navigable
waters within Minnesota, to the extent
of so much of the bed as lies below the
present low water mark.
1.-The question as to whether or not the
lake is meandered is to be settled by the
government plat, and the question as tic
whether it is navigable in fact or non
navigabie, as the case may be must be
determined by you as state land com
missioner.
"This question has never been tested
in the courts of this state. but other
states have actually issued leases and
contracts of a similar nature. notably
Pennsylvania and Michigan. In some
cases the leases have been issued under
acts of legislature specifically author1z-
ing the issuance of leases upon the bed
Of lob htIt In min
the law under which you act is broad
enough in the language quoted above to
include the low water bed OF naV1gable
meandered lakes While the question BIAS
the courts and while it is not wholly
free from doubt l am of the opinion thai
the state should assert its rights IN this
matter and thus enable all interested
parties-the state the applicant for the
lease and the riparian owners-to test
this question"
One phase of this question that par
ticuIarly challenges attention is that
the proceeds of such leases will go into
the general fund and will thus have a
direct effect in the reduction of tax
alton. The so-called state lands, on
the other hand, all belong to one or
another of the special funds. as the
school fund for example, and mineral
leases on those tracts go to the re-
Spective funds to which they belong
The present privilege granted to the
applicants is the One-year prospecting
lease, as it is termed, and for this the
fee of $25 per quarter section is col
lected. Should the prospecting yield
indications of ore the regular mineral
leases will be applied for. and in case
of mining operations the state will col
lect the regular royalty of Is cents a
ton, beside taxes on the property
What the basis of this taxation would
be, however, it is hard to determine
when it is considered that the land to
be operated is under the surface Of the
water.
The lease granted yesterday to Mr.
McClintock is for the bed of Longyear
lake, in township Is, range 20, st. Louis
county. The terms Of the lease eX-
pressly preclude any effort on the par,
of the lessees to reach the bed of the
lake by draining off the waters. What
engineering methods Mr.. McClintock
and his associates intend to employ in
their operations has not been disclosed
Since fling the original seventeen
applications Mr.. McClintock has pre-
scented eight more.
In many cases mineral deposits have
been found on land in the iron ranges
bordering on the lakes and indications
are that the veins extend under the
lakes, but thus far no attempt has been
made to follow them to that extent
Should Mr.. McClintock be successful In
his operations, it is to be expected that
the beds of all lakes in the iron ranges
will soon be leased.