The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1904-03-04
THOUSANDS SIGN
Petition to President Roosevelt on
Swamp Land Ruling.

Swamp Land Ruling.
The ruling of the secretary Of the
! interior, made on March l6. 1903, tc
the effect that the claim of the state
Of Minnesota To swamp lands should
thereafter be determined by the field
notes of survey, which field notes
were to be taken as conclusive eyi
dence OF the swamp or non-swdmr
character of the lands. was Saturday
! characterized as the most unjust rul
ing ever made in the United States
affecting the interests and freedom OF
the people, at a messing in the office
/ OF ". II. Smallwo0a at Duluth, OF
/ hackers of petition. now being cir
culated. appealing TO President Roose
welt TO have tile matter carefully in
yestigated by his attorney general
and asking that. pending his report
! the issue OF patents to the state Of
Minnesota for swamp lands be ordered
suspended.
The petitions are being circulated
in every town aud village in the
Northern Minnesota counties, and il
is asserted that 10000 signers will be
secured. The greatest interest i
4 manifested in the movement. ano
there is no difficulty in obtaining
signers.
Capt. W. IT. Smallwood. who has
been interested in land matters foI
upwards OF thirty years, and who
holds commissionefship papers from
both President LINCOLN and President
Grant, is recognized authority in all
matters pertaining to government
lands He explained the new ruling
aud its effect as fo.lews:
''In 1850 congress granted the new
states then in the Union, and the
states thereafter 10 be admitted, ali
the swamp lands within their borders
In 1860 the provisions in the ACT
were extended To the state OF Mime
sofa. Some years after the secretary
of the interior proposed to the states
affected that the swamp lands be Sc
iected either by the field notes Of sur.
yey, as returned by the surveyor
generals office. or by an examination
in the field. and asked the states L
elect which meFsod each SHOULD
adopt. After much dallying, The
governor and secretary Of the interior
reached an agreement whereby
Minnesota was to select the lands By
ield notes of surrey, instead of by
direct examinatiunUf the lands, which
method was chosen by some of the
other states.
For many years the land depart
ment held that tile character of thu
lands, as Indicated. by either fielC
notes or direct examination in The
field, could be coutraverted, and thai
This evidence was only prima facie
| The rule has beea at all times that il
determining what are swamp lands
lakes, ponds and periodic overflow:
that did not destroy crops, should moi
affect the character of the land.
Two years ago the secretary of tht
interior suspended all swamp lane
contests pending. Last March Ia
ruled that the field notes of survey, a.
returned by the surveyor general
should be accepted as conclusive cyl
dence of the character of the lands
Uuder this ruling, no evidence what
ever, is admissible TO contradict th'
field notes of survey, which are yer.
ften of an entirely misleadin!
character.
ION the trial Of cases before TIN
land Office under the new rule con
] testants have offered to prove by TIL
exterior lines of survey the characte
of the land. but in every instance TIL
land commissioner has held that TIL
field notes Of tho exterior lines do no
count when the entire notes of surve
Lit dlSO llOlQo
the surveyor generals plat, mad
many miles from the land affected,
Il part of the field notes.
Under this peculiar rule, man t
contest forty has got TO show tina
the field notes of the whole section
indicate the section as generally hig
and dry land. This applies to the fou
interior forties of a section, with n
survey lines whatever.
by this construction of the neN
rule of practice, which excludes tn
field notes OF only surveyed lines G
particular forties as incomplete, an
which also treats the plat as Il par
of the field notes, no one can mali
tain contest against any trac