The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-07-27
STATE WINS TITLE
TO VIRGINIA SILVER
Secretary of the interior De-
cides Minnesota Owns Val.
liable Iron Ore Tract

BY the terms of a decision received
! by the state auditor yesterday, Ethan
Allen Hitchcock, secretary of the in
! terror, holds that the state of Mime
1 sofa has title to the virginia silver
supposed to be one of the most valu-
able beds of iron ore on the Mesabi
iron range.
1 In vesting title to the property in the
state, Miss Mabel Evans, of Princeton,
who has the leasehold, becomes the
owner of the most valuable undevel-
oped iron mining property in Mime
sofa. Unless the courts reverse the
| secretary Miss Evans is undoubtedly a
wealthy woman, and the state will
realize for its public institutions fund
half million dollars.
The land is a narrow strip, contain
| ing thirty-sfx and one-half acres, and
| lies between the Alpena and Sauntry
| mines, just north Of the village of Vir-
ginia, in the heart of the Minnesota
iron mining country. 1t has been thor
| oughly prospected and it is positively
known to contain vast quantities of
nigh grade ore, such as is taken from
the great mines of the Mesabi range in
Northern Minnesota
The silver" which has derived its
name from the peculiar shape of the
tract, has been in litigation before the
United States land office at Duluth, the
general land office at Washington and
finally the secretary of the interior
since 1884. A copy. of the decision of
secretary Hitchcock was yesterday re-
ceived by the state auditor and proved
very pleasant reading to that official,
for with the other state officers, he has
taken deep interest in the final out
come of the case, since it meant so
mu>l to the state.
Case Is Noted
The Virginia silver case is the
| most celebrated swamp land case in
the history of the state. Ten years ago
it was, discovered that through errors
in the original survey mistake had
been made in the lines of 5S-17 and
59-17, and that there was hiatus be-
tween the two townships. The wedge
shaped tract had never been surveyed.
In 1894 a contract for the survey of
township 5S ", range IT, was made
and the land surveyed.
The survey was made under author
ity of the surveyor general, and was
complete, showing the topogra ply, ETC.,
local inspector Of the Duluth land Of
flee was not satisfied, however, with
the survey as to certain corners,
and refused to accept it. Another
survey was therefore made in 1901,
>and in January, 1902, the plat was ac-
copied and with the field notes was
filed at the Duluth land office.
In January, 1902, State Auditor Dunn
requested the surveyor general to file
as swamp land the land in question,
and he did so. Prior to that time F.
A. Hyde & Co., Duluth land brokers,
attempted to file forest lieu scrip on
the land, alleging that it was not
swamp land, and that therefore the
state had no interest in the tract. The
! case remained in the Duluth local land
Office for months. and in July, 1903, the
commissioner of the general land office
/ directed Eli S. Warner, surveyor gen.
eral of Minnesota, to make a re-ex-
animation of his field notes and plats,
| with a view to determining the char
acter of the land, and if it were not
| swamp land to recall his former Sc
| lection, while if it were swamp land
he was ordered to make a new certifi-
| cation.
State Officers Inspect Land
Auditor Iverson, Assistant Attorney
! General Somerby and a cruiser went
! over the land at this time, and by affi-
| daVits furnished Warner were able to
state positively that the original field
notes made by the deputy United
! States surveyor, Merritt S. Cook, in
| 1894 were correct. 1t was shown that
| the reason there was no mention Of
swamp lands in the resuEvey of 1901
| was because Cook had not been In
! structed to make any report on the
| land.
On the showing Warner again decided
| the tract was swamp land and selected
! it for the state. Before the commissioner
| of the general land Office that official
| decided that the 1901 survey was not
resurvey. but a mere continuation of the
work, as Cook had simply gone on the
land to establish lost corners
March 16, 1904, the secretary of the
| interior decided that as to Minnesota
| swamp lands the field notes made at the
time of the survey would govern the de-
/ termination of the character of the land,
| and applying the ruling to the silver :
the secretary of the interior now affirms
the commissioner S earlier decision in
| favor of the state.
The secretary in his decision defines
swamp land as being swamp and over
! flowed lands thereby made unfit for culti-
| vation, and he refers, somewhat point
edly, to the affidavit of Cook, the deputy
/ surveyor, which declared the lands were
| not properly swamp in defiance of his
own field notes. The secretary says:
/ Secretary Scores Deputy Surveyor.
1T is enough. to say that the affidavit
/ of a deputy surveyor made after his work
is performed cannot be considered to vary
or discredit his official entries made at
the time when in actual performance of
his duties.''
The claim of Hyde & Co. was supple
/ mented by that of Pearl S. Smith, of
/ Superior, who claimed title to the land
under an attempted homestead entry. His
i application is rejected with that of Hyde
& Co.
Wayne Mcveagh, former attorney gen
eral of the United States, was interested
| in the case through former Attorney Cen
| eral Douglas, of Minnesota, and repre-
j scented the state before the SECRETARY of