The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-02-27
COURT WILL SETTLE
THE STATES RIGHT
Question of Its Power to Lease
Mineral Lands Under Lakes
to Be Determined.

To definitely settle all question as to
the right Of the state of Minnesota to
issue mineral leases on lands lying
under the navigable lakes, certiorari
proceedings were yesterday begun in
the supreme court against Samuel G.
Iverson, state auditor.
In this instance Mr.. 5Iverson was as
strongly DESTROYS as the petitioners
that the writ should be granted and
the question which has arisen be set
tied definitely by the court. This viii
establish course for him in acting
upon pending applications for mineral
leases on lake beds in the iron ranges
and preclude the possibility of litiga-
ton on this point in future.
Last April, as was stated in T e
Glob e at that time, application was
made to Mr.. Iverson for mineral leases
Of the lake beds of a number of the
small bodies of water which are so
numerous right in the iron ranges of
Northern Minnesota. The proposition
was new one entirely in this state,
although not without precedent in
some of the other states The original
applications were all presented by one
company Of men in Duluth, consisting
of Wilson G. Crosby, John M. Nc
Clintock, Francis w. Sullivan and
Richard f. Grant, all of whom are at
torneys. .,
Attorney General Sanctioned II.
The legal question of the states
right to grant mineral leases on lake
beds was submitted to the attorney
general and he gave Mr.. Iverson an
opinion that the state has that right.
For the law on the question it was
necessary to go back to the old Eng
llsh law which vests in the crown the
rights to the lands lying under all
bodies of water. of public ownership.
On the strength Of this opinion from
the attorney general Mr.. INerson ae-
cepted applications from the Duluth
gentlemen above named, which cover
thirty-seven of the lakes in the iron
range. Four leases were actually ex-
ecuted, two Of them covering portions
Of the bed of Longyear lake. and two
on the bed of Manganika lake, both of
which are in St. Louis county. No ac-
tive work has as yet been done under
either Of these leases. The other ap-
pl1cations were held in allegiance
Recently, to bring the question of
the states right to execute leases of
this character to a direct ISSUE the
Duluth syndicate renewed its applica-
ton for lease on the bed Of SNOWFALL
lake, in Itasca county about ten miles
from Nashua. Yesterday Mr.. Iverson
denied the application, and the petit
ton for a writ Of certiorari to review
this action on the part of the auditor
was filed. The writ was issued return
able April 5, at the opening of the next
term of the supreme court.
Question Will Be Finally Settled.
The proceedings under this writ will
definitely settle all legal questions as to
the. states right TO grant this character
OF mineral leases. and will. involve all
collateral Considerations, including the
rights Of riparian owners.
There are in all about fifty lakes in
the iron ranges. aggregating from 1000
TO 5000 acres in area. and if the deci-
sion of the court is favorable to the
granting of such leases all of the land
under the lakes will be subject to lease.
The return to the. state will be royalty
of % cents per ton on all ore mined, or
500 per year on those leases under
which no mining operations are car
ried on. 4f
The fifty lakes mentioned are nearly
all of them right in the mining country,
and in almost every case ore has been
found right down to the waters edge.
There is a precedent for the PROPOSE
ton of the Duluth syndicate, in the
leasing of portions Of the bed of the
Monongahela river by the state of
Pennsylvania for the purpose of coal
mining operatfohsa These leases have
been held by the courts to be valid.