The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-03-24
STATE AUDITOR GETS
SWAMP LAND
DECISION
Ruling of Secretary Hitch
cock Restores the Practice
in Vogue Previous to 1885
But Will Not Affect Settle
ments Made During Last
Sixteen Years.

State Auditor Iverson received yes
terday from Secretary Hitchcock, of
the interior department, the full text
of the decision of that official regard
ing the swamp land grants of the
state.
The decision upholds the ruling un-
der which the state regulated the
swamp lands from 1851 to 1885, by tax
ing the field notes of surveys as proof
that the tracts were swamp lands and
incidentally gives former Secretary
Lamar, who changed the rule, sharp
dig.
Secretary Hitchcock's decision, or
that part of it which is particularly
pertinent, follows:
The field notes plan was uniformly
followed for a quarter of a century,
and during that time operated quite
generally to the satisfaction of the
United States and the state.
This method was then departed
FROM as shown in the La Chance case,
not because its original selection had
proved TO be unwise, or because it had
been found by experience to operate
lnJuriously, but because the United
states had become lax in its methods
of obtaining surveys of its public lands
and notattonS of their character.
These surveys are wholly within the
control of the secretary of the interior
and his subordinates, but instead of re-
lying upon his power and ability to
prevent the miscarriage and injury
which would result from lax surveying,
by exacting of the surveying officers a
faithful performance of their duties,
and Withholding approval of their sur
VeyS and payment therefore until the
work was competently and faithfully
performed, the secretary of the inte-
rior, without the concurrence of the
state, and against it's objection, adopt
haj I h Mo ia
trying swamp lands by examination
by agents in the field and by contests
and hearings in the land department.
Original Method Approved.
"This he could unquestionably do,
under the conviction that the new
method was a better one than the one
originally adopted. Sixteen years of
practice under the new rule has shown
1T to be cumbersome, expensive, slow,
nt1g1ouS and generally unsatisfactory.
1t is Indispensable to the orderly and
early adjustment of the swamp land
grant to this state that this new meth
ed be discarded. The actual operation
OF the two methods has demonstrated
the superiority of the plan first tried.
Upon full consideration it is there
fore directed, with respect to the ad-
Justment of the swamp land grant to
Minnesota:
'Fifst-That all existing contests
and controversies between an actual
and bona fide homestead or pre-emp-
ton settler, whether the settlement
was made before or after the survey,
be disposed of under the rule announc-
ed in the La Chance decision, that be-
ing the rule under which the settle
ment was effected and the controversy
or contest begun.
tSecond-All existing contests or
controversies in which there is no
claim of actual and bona fide home
stead or presumption settlement will
be disposed Of under the original plan
of following the field notes, there be-
ing nothing in such contests or con-
troversies which would equitably enti-
tie the claimants adverse to the state
to have the contests disposed of under
the rule announced in the La Chance
decision.
'Third-In all future surveys of pub
lie lands in Minnesota care must be
taken by your office and by the sur
Veyor generals office to put the sur
Veys in the hands of capable and hon
est surveyors, and to exact from them
faithful and efficient performance of
their duty, including a faithful and
accurate 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 suitable time, especial care
must be taken to have them carefully
inspected with reference to the ac-
curacy of the surveyors notation re-
specting the character of the land. with
view to having such surveys and no.
tations perfected and corrected, where
deficient or inaccurate.
Field Notes Will Govern.
''Fourth-All contests or controver-
sizes hereafter begun respecting the
sWampy or nom swampy character of
lands In Minnesota, whether hereto
fore or hereafter surveyed, must be de-
termined by the field notes of the sur
Vey.
''Fifth-No contest or controversy
which has heretofore been carried to a
hearing and decision will be in any
manner disturbed or affected by these
directions
"Sixth-Where there are two or more
surveys of the same lands that sur
Vey which has been finally approved,
and which is recognized as the existing
or substituting official survey, is the
one to the field notes, of which alone
attention will be given hereunder; and
swamp land being generally the ex-
ception and not the rule Throughout the
public land of the state having a
swamp land grant, and it being the
practice in public surveys to make a
special notation of the swamp lands
rather than of the dry or non-swampy
lands, the silence of the field notes and
surveyors returns respecting the char.
acter 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
proper divisions of your office should
be devoted to obtaining such accurate
surveys and notations of the character
of the lands which may be hereafter
in tot TO
the existing cause of contest and con-
troversy, and such energies should fur
Their be devoted to the early and cor
rect 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 surveyed"
COUNTY ATTORNEY WILL