The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1904-01-29
Against the State.

By decision OF the register anG
receiver of the Duluth land office rem
dered in the case OF Ole Hanson, con
testant, against the state Of Mime.
sofa, contestee, involving lot four, in
section 3-65-17, the state loses title tO
forty acres Of alleged swamp land in
the vicinity OF Vermilion lake.
Bya grant from the government
the state obtained title. TO all lands
described in the surveyors field notes
| aS swamp and unfit for agricultural
purposes, the revenue from which
was to be applied for school purposes.
At the time Hanson made his filing
of contest on the land a~ruling was In
effect by which, if proof could be
shown that tile major part of the land
could be proved as fit for cultivation
the entire quarter section could be re-
claimed for settlement. Later the
ruling was changed and reclamation
must now be based upon the field
]
Hanson filed an homestead entry
for lot 4, the southwest quarter of the
| northeast quarter Of section and lot
| and the southeast quarter Of section
T.. Accompanying the homestead APP
plication was a swamp iand contest.
describing lot 4, section 4-65-17 tract
OF land one mile west OF the lot men,
TONED in the homestead application.
Lot was not swamp land but was
vacant public property.
On September II. 1863, Hanson fled
an amended affidavit of contest, corob-
GRATED by two persons: describing lot
4, section 3-65-17 as the land sought to
contest and that such was his original
Intention.
The contention of the state on con-
test trial was that contestant would
have to stand upon his original affi-
davit, claiming that IL was not sub
ject to amendment; that the only
contest upon which the affidavit
could be considered as having any
bearing on lot 4, section 3. was the
first, filed insSeptember and that as
this was filed after the swamp land
circular, including tae new ruling
issued April 5. 1908, it was not then
an existing contest and the ontestant
could only show that the land was
swamp by the eyideeee OF the field
notes.
In this the Duluth register and re-
ceiver do not concur. Had the orig
inal affidavit referring to lot.4 section
4, been unaccompanied. by any other
papers they hold that it is possible
but not certain that the contention
OF the state could be equitable. The
testimony for the contestant shows
that practically all of theland in con-
troversy, lot 4, section 3. is dry land
and has been such since 1860.
1t is recommended that the claim
of the state to the land be rejected
and that the homestead application
OF Hanson to the land applied for and
Including the forty in controversy be
allowed.
The local decision has considerable
bearing upon case now before the
department. involving small tract
of valuable iron land in 5Si-l7 near
Mountain Iron. which was decided in
favor of the state.
In that case, as well as the recent
one, contestants sought to reclaim
alleged swamp land aud filed scrip up
on it. The land had already been
taken up by the state as swamp and
leased for farming purposes. The
scrip holders appealed and the case
has been before the attention of the
department for several months.
In that case, contrary to the present
decision, the local officials decided
that the scrip holders must prove the
land fit for cultivation by evidence Of
the field notes. 1t was claimed how
ever. that two sets of field notes had
been made, one showing the land to
be swamp aud the ether that it was
land. II the decision of
the Duluth land officials is sustained
the state will retain the land, while
If the department decides it to be ag-
ricultural lands the title will revert to
the scrip holders.