Little Falls herald. [volume] (Little Falls, Morrison County, Minn.) 1889-1950, 1904-10-28

Commissioner, or his assistants ia his
office In the state Of Minnesota, and!
consented to- and that no bjecti0n:
was made TO the said descriptio ns cot
lands on account Of any pretended
claim OF the state OF Minnesota by
reasen.of sthe.said pretended grants TO.
said institutions. = :s=:.: 81 -
DUNN MAKES APOLOGY 1: &C.
This undoubtedly placed Mr.. Dunn
in a very embarrassing position to
have this important question come to
trial in. the circuit court of the.
United States on account of his
errors or error of his office.
It is presumed that heidi not relish
the ventilat Ion of :; this matter. He
now became more docile and applied
to the railroad company for a COM
PROMISE. This was finally agreed up
on, and its terms were embraced in
decree Of Judge Lochren, from which
I will read the material portions. It
bears date Feb. 10, 1902, and can be
seen in the circuit court at st. Paul
and a copy in the state auditors Of
fee. AS part of this compromise,
however, Mr.. Dunn had to consent to
an abject apology to the officers and
counsel of the railroad company and
take back over his signature all the
things that he had said derogatory of
and concerning them. OF: these mat
ters I have no. personal knowledge,
but the statement will not be denied
by either Mr.. Dunn, Judge Douglas
or Mr.. Kellogg. r = -
Now let us look at the compromise.
as set out in the decree I quote: -
United States Circuit Court-State Of
Minnesota, Complainant, VS.. Duluth
& Iron Range Railroad Company,
! etsyal., Defendants. Decree. jan
= uary. Term, 1902.
:: 1.9sThis cause came on to be heard
Upon the bill Of complaint, the answer
thereto, and the stipulations Of the
parties. and the court having duly
considered the matters, and the par
ties in open court conserving there
to, it is
Ordered, ad3udged and decreed that
the lands described in schedule A,
hereto attached, situated in the coun-
ties of st. Louis, Lake and Cook. in
the state of Minnesota, be and the
same are hereby excepted from the
effect of the original decree, made by
the court, bearing date the Sth day
of January, A. D. 1900, referred to
in said complaint, wherein said lands
were decreed to be the property Of
the Duluth & Iron Range Railroad
company, and that the same, be and
hereby are decreed to be the property
Of the state of Minnesota, it's grantees
and assigns, clear from any claim of
the Duluth & Iron Range Railroad
company, the said Walter F. Cobb,
or either their grantees or assigns.
Note: Schedule A contains a de-
scription of the forty-three thousand
acres.
It is further decreed that the Du-
1uth & Iron Range Railroad company
shall not have a right to select any of
the. swamp lands in: said counties to
fill its grant, which have heretofore
been duly selected by the state auditor
and commissioner Of the land Office OF
the state of Minnesota t. fill the grant
or appropriation to certain state in
situations provided for by an act Of
the legislature entitled IAN act to
appropriate swamp lands to certain
educational and charitable institutions
therein named, and for the purpose of
erecting a state prison." approved
Feb. Is, 1865, and amended by that
certain act of the legislature of said
state entitled can act to amend chap
ter of the General Laws of 1866"
approved March 9, 1875, but it lis
further decreed that the state of Min
shall not, until the expiration of the
time for the selection of lands 10 fill
the grant of the Duluth & Iron Range
Railroad company, make any further
selections of lands to fill the said
grant or appropriation to the state in
stitutions from the swamp lands situ-
ated in the said counties of st. Louis,
Lake. and Cook, and it is hereby de-
creed that the Duluth & Iron Range
Railroad company has the prior
right of selection in said counties to
fill it's said grant, but that the said
Duluth & Iron Range Railroad COM
pany shall proceed with reasonable
promptness to fill it's grant, using due
diligence in inspecting lands to fill the
same, and it shall have until six
months after all the swamp lands in
Tic ullSulVcycu ~" III l1e IuTSG
counties aforesaid are surveyed and
patented to the state of Minnesota
by the United States government to
select lands to fill it's said grant. That
should the Duluth & Iron Range Rail-
road company fail within the time
provided to select lands within said
counties to fill its grant, then the
auditor and land commissioner of the
state Of Minnesota shall have the right
to forthwith select the lands in said
counties for the said Duluth & Iron
Range Railroad company and fill said
grant.
> 4. It is further adjudged and de-
creed that certain pretended deed
Of land heretofore made on Dec. 26,
1900, by the governor and state audi
tor and land commissioner Of the
state of Minnesota to the said Duluth
& Iron Range Railroad company to fill
the grant to said company, be, and
the same u.s. together with the said
record thereof in, the office of the said
land commissioner, hereby adjudged
to- be null and void and Of no effect,
and made without due authority of
law and contrary to the decree and
Judgment of this court. -
(Signed) William Lochren,
..- ~ Judge
c,rAurruAe SEr0Nn prrw