The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-10-22
AND YET DUNN
DID NOT KNOW!
Continued from First Page.

numbered lis, of lands attempted to be
selected by the Duluth & Iron Range
Railroad company under chapter 81 of
the special laws of Minnesota of 1875,
and subsequent acts amendatory there
to-, said list having been offered for
filing in the state land office, March %,
1895, and that it is true and correct
transcript therefrom Of all the lands
contained in and attempted to be Sc
decided by the state Of Minnesota to
the said Duluth & Iron Range Rail
road company, and the lands therein
marked ''not patented' have not been
patented to the state Of Minnesota by
the United States, and the lands there
in marked "not swamp the selection
thereof by the state Of Minnesota
under the act of congress of March -,
1860, have been rejected by the United
States, or have not been selected by
said state and do not inure to said
state under said act.
"Witness my hand and official seal
the day and year first above written.
-"R. G. Dunn.
Gas auditor of state and ex-oficic
commissioner of the state land office
"Per .Iverson, Deputy. -
Included Institution Lands.
These lists, numbered from 115 to
1913, comprised S9,O73.S7 acres, and in
which Mr.. Dunn had selected for the
state institutions. The railroad com
pany claimed the prior right Of selec'
tion under the grant.
Mr. Dunn brought suit to set aside
the grant, under the law Of 1898. The
Duluth & Iron Range filed a cross bill
stating that it had selected! a large
amount Of land by various lists, which
the auditor had -; refused to deed to
that under it's right of selection
it was entitled to these lands, and
asked that the court decree the com
pany entitled to all lands selected. It
offered as evidence a certified copy
Of Of Ga all these lists, +,i includi9g IT,
land. This list was filed with the court
Oct. 7, 1899, as the records Of the
clerk IS office in st. Paul show. It was
styled "Claimant s exhibit 81 to 500. F."
Each list is certified by the auditor IS
office, according to the form already
shown.
Court Granted What Was Asked.
In the brief of the claimant it was
right Of selection, and was entitled to
decree conveying all the lands con
tanned in these lists. Judge Lochren
gave an oral decision Nov. ID, 1899
and the records Of the court show that
written notice was served on the attor
neys for the state, that the decree
would be entered cording to the
served. The decree was not entered
until Jan. s, 1900. The decree granted
| the plea of the railroad company, and
ordered that the lands in the certified
lists be conveyed to the company by the
state. A copy of the lists was at
| tached to the decree.
Must Have Been Dreaming.
Where was Mr., Dunn, auditor and
the state lands, during all this timel
Had he forgotten all about the S9,O73.S7
acres he had refused to deed, including
| A GA acres he had set aside for state
institutional Apparently; for he
never told the attorneys for the state
anything about these lands, or anything
about the character of the lands thai
the company was claiming.
| Mr.. Dunn knew from the decision
that Judge Lochren had granted the
lands Heretofore selected'' to the
company. How could he have faile(
to understand what was meant by these
lands "heretofore selected and moi
deeded,'' after nine times refusing tt
honor, the selections and issue the
was talking about9 Or if he failed tt
understand, how could he have been sc
reckless of the interests of the state az
to neglect looking up that list? It wa:
only five blocks away in the office Of
the clerk of the United States court.
In his report for the two years end
ing July 81, l900,T Mr.. Dunn gave al
account of the Iti cation, and summar
lied the effect of Judge Lochren's de
cisiOn as follows:
Dunn Sums Up Decision.
"First-That the Duluth g. Iro,
Range Railroad company has a valit
and existing grant: :.
Second. That it is the owner il
| fee simple of the POI, 1882 acres here
tofore decided to it by the state of Min
nesota.r (This was the list certified tt
under date of Feb. Is, 1889 /
"Third-That it is the owner in fet
simple Of all lands heretofore selected
by it, and is entitled to deed there
for from the state.' ~.
| (This was~the list certified to from
the auditors office under date Of Ma,
7, 1898, and containing 44,644 acres O:
state institution land.) -
How could Mr.. Dunn escape tn,
meaning of this decree9 It was plail
English He understood it well enough
to make an intelligent, summary, bu
did not appreciate what it meant to til,
state.
Apparently he did not remember O
understand. In his next report, ISSUED
two years later, he says:
Then He Woke Up.
"It was not until almost six month
after the decree had been fled an,
long after the time for appeal had ex
PRED, that I learned of the existenc,
of such a list and Of it's being attached
thereto, and that this list. thru SOM
inaadyertence,, contained 44,644.l6 acre
| several very valuable tracts of minera