The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-10-18
EXGOVERVOR 6.S7AR7S
WORK EOR= u A.5.JOHlHSOV

are the property of the state in trust for
our schools. -
Lands Lost by Dunn.
!, On March Q, 1876, the legislature granted
to the Duluth & Iron Range road from
the swamp lands in st. Louis, Lake and T
Cook counties ten sections to the mile Of
road built, - to be selected within ten
miles on each side Of the road" and, If +
there should not be enough swamp lands /
ten-mile section of the road as completed, |
then the company had "the privilege of
locating the deficiency on any of. the
swamp lands belonging to or to accrue
to the state, not otherwise disposed Of
within the counties named"
Under this grant. the st. Paul & Duluth I
company built 94.8 miles of railway and
became entitled to 606,720 acres Of swamp
land. Prior to 1897 the state had decided
to the Duluth & Iron Range POI, 1882
acres in part satisfaction to the grant. |
The company had also selected some $780,
900 acres of swamp land which had not
been decided by the state. This selection
by the company included the $4,000 acres
which I have heretofore referred to- and
which had been previously selected by the
state for the state institutions.
This was the condition Of affairs when
Mr. Dunn started out to bust the Duluth
& Iron Range railroad grant.
In pursuance Of Mr. Dunn's persistent
agitation of this question in the news
papers, the legislature appropriated &s10,-
900 to carry on the Investigation and liti-
gaticn in regard to- the Duluth & Iron
Range grant. The legislature also appro-
priated $4,000 to enable the auditor to-
| properly look after the state institutions
lands All this money was made payable
on Mr.. Dunn's vouchers. The attorney
general had already given his adverse;
| opinion and outside counsel were en-
ployed. Several suits were brought and
consolidated in the United States circuit
court before Judge sLochren. All the data
| for trying these cases were furnished by
Mr. Dunn The lists of land, both those
which had been decided to the company
and those which had been selected, but
not decided, came from his office. He was
one of the principal witnesses in the case.
1t was to all intents and purposes his
| suit. - - - g. "5"
Neglect Causes Loss.
Thru Mr.. Dunn's negligence, however,
the attention Of the attorneys or of the
court was not called to the fact that the
list of some 100000 acres of land selected
by the company {but not decided by the
stated contained $4,000 acres of land al
ready selected for che state institutions
and held In trust. ..s .....
It was my aim and effort to get the
Duluth & Iron Range land grant closed.
Finally, on the 25th, day of December
1900, almost my last official act, I pre-
pared the form Of a deed, conveying, tc
the Duluth & Iron Range company the
balance of the acreage required to fill Its
grant. The deed was delivered to the
| q rT
Learned, it refused to accept it. : The com
!. pany wanted to keep the matter open SC
that when new. lists of land came, II
would be in position to select such as
: were likely to contain iron, as it had done
Heretofore. saf a -. - .- :
About this time Mr.! Dunn's error in per
, hitting the $4,000 acres Of state institu
, ton lands to be included in the judg
} ment in favor Of the railroad compan!
: was discovered Those lands contained
! mineral of probably greater value thai
stated by Mr.. Dunn. +.@'f."5 g.. .1.Gs'
: Application was made by, Mr.. Dunn
} and, by the attorney general to the rail
road company to. release these lands from
Judge Lochren's decree a :Iocalled on MI
Kellogg, counsel f.. tbs the ra iiroad lon1
;; latter Il had retired ON office, and he in
u dictated to- ME "1that vonb account of MI
. Dunns oversight, he would be willing t
> recommend to the company to release tn
% % landslide made the same, Statement t
Y Judge Douglass then attorney genera
= and presumably to Mr.. Dunn.
g Subsequently, Mr.. Dunn advertised Ger
- tain timber on some of these lands elaine
r by the company for: sale at Duluth. tn
a company had its Representative at til
d sale and objected, 4 s2 This E angered M
le Dunn, as am informed and he proceede
N to- pay his respects to- the Officers an
st counsel Of the railroad before the as
i'd sembled public at A, the sale, in languag
" more characteristicytha chaste.l, 80 /
" The proposition to release. the. land We
ert prong pity Withdrawn by the officers Of tt
5#, company and their attorneys. This con
at PEELED the attorney general. to bring a
LII action in the United States circuit cou
re before Judge Lochren to have Mr.. Dunn
10 error rectifed. The railroad company al
70 swered and denied that there was al
n mistake and stated:
u. "That a copy of said decree with tt
- list Of lands annexed thereto was serve
~ upon the counsel for the state Of MINI
49, sofa at least one month before the emit
m Of the decree in such cause"
IF. a: Company Has a "Cinch.''
it. This undoubtedly placed Mr.. Dunn
It. a very embarrassing position. He now b
ne came more docile and applied to the ra
OF road company for a. compromise tt
wv was finally agreed upon and Its teri
nd were embraced in a decree of Judge Loo
ey rem. AS part of this compromise. ho'
n ever, Mr.. Dunn had to consent to
al abject apology to thee officers and coun'
Ter Of the railroad company.
le- BY the terms of this settlement as CO
'ry firmed in the decree, it will be seen tt
NY not only is the right Of the state to sele
,ut a single acre Of iron land in those cou
ne ties postponed until the railroad compa
re- (The Standard Oily has had the If
pick" but the settlement Of the land gre
= by the deed bearing my signature Is
err - -. -...s
md = = : = - s.