The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1905-09-28

on behalf of the State, but the most
casual observer could not help no
ticing that they seemed to have little
faith in their cause. Mr.. j. L. Wash
burn, of the firm of Washburn, Bailey
& Mitchell, was the principal attorney
for the lessees and he made gallant
fight for his clients. Mr.. Washburn
was ably assisted by Mr.. Coryate S.
Wilson, one of the defendants in the
action. [Shortly after securing the
lease Miss Evans retained Mr.. Wilson
to represent her interest, and the State
was only too glad to avail itself of
his services in it's contest with Pearl
81. Smith over the land. It is alto
gether probable that Smith would
have succeeded in his efforts to de-
prive the State of the valuable tract
of mineral land had it not been for
Mr.. Wilson. It was indeed fortu-
nate thing for the State that the lease
was issued to Miss Evans and that
she retained Mr.. Wilson, Daniel G..
Cash, Frank Kellogg and Joseph B.
Cotton also appeared for the lessees
and rendered valuable assistance.
The three last mentioned gentlemen
were interested in the case because of
the constitutional question involved.
The court having duly considered
the evidence and the arguments of
COUNSEL now makes the following find
ings of fact and conclusions of law:
FINDINGS OF FACT.
l. That the State of Minnesota ac-
quired from the United States under
and by virtue of a certain act of con-
gress approved March IL, 1860, COM
monty known as the Swamp Land
Act, and is now and since March H.,
1850, has been the owner of lot one
Q,), in section six (6), township fifty
eight and one half (5S19) north, of
range seventeen (l7) west, in St.
Louis county, Minnesota, containing
thirty-six and 65-100 acres, said land
being now subject to mining lease
and contract thereof issued by the
State to Mabel Evans and hereinafter
particularly referred to.
2. That on the 9th day of 5Decem-
Der, 1902, the defendant Mabel. Evans,
being of lawful age. forwarded by
mail to the State auditor and ex-oficio
land commissioners of the State OF
Minnesota, from her residence at
Princeton, Minnesota. an application
in writing in the form in general use
and in the form prescribed by the
said land commissioner for a mineral
lease of said land, and forwarded
Herewith the sum of twenty-five dol
lars (S25.00), in lawful money of the
United States, required by law as a
down payment for such lease, which
application was in the words and
figures following, to-wit:
"APPLICATION FOR MINERAL
LEASE.
Princeton, Mimi, Dec. Fl. 1902,
The undersigned hereby makes ap-
plication under Chapter p, General
Laws of 1889, as amended by Chap
lo5 of the General Laws Of Minnesota
for 1895, and by Chapter 3l2 of the
General Laws of Minnesota for 1897.
for a mineral lease on the following
described land: Lot number one ~
of section six (6) in township fifty
eight and one-half (5S15) N. of range
seventeen (17) west of the fourth
principal meridian containing thirty
six and 65-100 acres according to the
United States government survey, for
the purpose of prospecting for iron
ore for period of one year from date
OF filing of this application.
MABEL EVANS,
Princeton, Minnesota. -
N. B.-S25.00 must be deposited
with each application. Checks not
accepted unless certified.
3. That the said application was
received at the Office of the State land
commissioner, and filed therein, upon
the opening of said Office at nine
O'Clock on the Both day of December,
1902, and upon said 30th day of De-
cember, 1902, the State land commits
sioner OF the State of Minnesota is
sued to said Mabel Evans mineral
lease number 1892, for the said land.
which said lease was in the words
and figures following, to-wit:
estate OF MINNESOTA MIN
ERAL LEASE.
No. 1882.
Mabel Evans IF 4bo oo,,nA- r. 1n.,,