The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1905-09-29
LEASE LAW VALID
judge Dibcll Makes Decision in
Mabel Evans Lease.

trict court that the leases and con-
tracts upon which its titles'to millions
of tons of iron ore in Minnesota are
dependent is valid and constitution
al one, and, further, in this particular
case that the defendants, whom the
state accused of fraudulent misrepre-
sentation of facts and the improper
use Of official connections, are in
nocent of guile.
The action Of the state was against
Mabel Evans, George A. Finn, Cory
ate S. Wilson and B. E. Baker. 1t
was argued ia district court August
%. Many attorneys argued for the
defense by reason of the multiplicity
of interests involved outside those of
the actual defendants,
The state commended that the min
eral lease law was unconstitutional
and, therefore, void. 1t commended
that the lease in question was improp-
erly granted and that Mabel Evans
conspired with George A. Finn and
/. G. Patterson, who were clerks in
the office of the state auditor at the
time Of the granting to her of lease
No. 1882 and the 50-year contract No.
6lS upon the lands in question.
All these connections were over
ruled and held in error by the decision
filed in the office of the clerk of the
district court.
The finding further held that the
defendants Coryate S. Wilson and B.
e. Baker, who held interests in the
land through assignment from Mabel
Evans the original OleSsee, innocent
purchasers for valuable consideration.
The claim made by the state that an
application for the issuance of lease
upon the land was made by Pearl III.
Smith is denied by the judgement
which holds that Smith made no such
application either in writing or orally.
The judgement is lengthy, both as
to law and fact, The finding of fact
covers the whole transaction involved
in the issuance of the lease and con-
tract, while attached is Judge Dibell's
memoranda, which cover many pages
with an exhaustive research Of the
legal points involved.
1t disposes of the finding on fact
with the decision that the lease is
valid and rightly obtained and then
deals with the more momentous ques-
tion of the constltutionality Of the
state statute under which it is granted
The claim of the state was that the
lease law is in contravention of the
section and amendment in that the so
year lease passes a sufficient title in
the land to amount to sale and that
the undisturbed ore is Of the land and
that thus public auction or offering
ito the highest bidder should be held.
The decision holds that while an in
terest in land was created it was not
so permanent one as to be repugnant
to the section and amendment. The
decision closes as follows:
"The judicial department of the
state, in four decisions, the first as
early as 1891, and the last as late as
1904, has construed the law and has
never suggested a constitutional OBJ
lection. In the first, three of these
private rights were determined and
the duties of the land commissioner in
executing leases were defined.
"In the last one it was sought to re-
view by certiorari the action of the
land commissioner in refusing to issue
"a lease Of lands in the bed of mean
dered lake. 1t was held that the act of
the commissioner in issuing leases was
ministerial and could no be reviewed
on certiorari. In the latter case the
attorney general, appearing for the
state auditor, did not, nor did counsel
participating in any of the cases, sug-
gest the invalidity af the law, nor did
such invalidity occur in court. The
suggestion that the attention of the
court was not directed to the conten-
tion now made is without force in the
present connection. If its attention
had been directed thereto there would
have been judicial construction; but
we are now talking of practical
construction.
''From 1889 until now there is but
one single act of any department of
the state government, and none of the
| people, not in harmony with practical
construction, and that one act is the
institution of this action, since which
as we'll as before, the practical con-
struction has continued unquestioned.
No suggestion as to the constitutions
atty of the act seems ever to have got
ten into print except a reference
thereto in the state auditors report
submitted to the legislature of 1879,
since when there have been six sta
flutes enacted, and one legislative re-