davidaulloa/AmericanStories huggingface dataset:
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1905-09-28
No Evidence of Conspiracy Fraud on the Part of
any Clerk in the State Auditors Office
in Issuance of nineral Lease.
One of the rlost Important and Elaborate Opinions
Ever Handed Down by District Court in
this State==Full Text of Decision. " =

The campaign conducted last year
in behalf of John A. Johnson, the
Democratic candidate for governor,
was one of villifcation and misrepre-
sentation from start to finish. Sam
,uel T. Johnson, Van SAINTS jackal
public examiner, at the expense of the
State, furnished the ammunition for
the hireling orators and the subsi-
died newspapers. One of the most
Infamous falsehoods that was put in
circulation was the one which charged
r. G. Dunn with having fradulently
issued mineral lease to Mabel Evans
for the famous "Virginia Silver"
Thanks to Attorney General Young,
(no matter who instigated his action
Or what his motives were), the issuance
of that famous lease has been passed
upon by one of the most upright and
able judges of the State, Hon. Homer
B. Dibell of the St. Louis county dis
trict court. who, after patiently lis
tening for days to all the evidence
that could be adduced, and after hear
ing the arguments of able counsel,
decided that the mineral lease issued
to Mabel Evans was valid in every
respect, and that there was not a
scintilla of evidence to sustain the
charge of conspiracy or fraud against
the land clerk Or assistant land clerk
who served in the State auditors
Office during Mr.. Dunn's administra-
ton as State auditor.
There seems to be a preconcerted
effort on the part of several of the
twin city newspapers, as we'll as the
friends and supporters of Governor
Johnson, to mislead and deceive the
general public with reference to the
suit brought by Attorney General
Young to set aside the lease issued to
Mabel Evans. The public is lead to
believe that if the higher court sustain
Judge Dibell's decision the State will
lose valuable tract of land worth
anywhere from FIVE hundred thousand
to two million dollars.
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1905-09-28
IL. That Pearl H. Smith did not

IL. That Pearl H. Smith did not
on December IL, 1902, or at any
other time, apply to the Commits
sioner of the State land office, either
In writing or verbally. for a min
eral lease of the land f1ereinbefore
described.
Is. That said defendants Evans.
Finn and Patterson did not engage
in conspiracy to defraud the state
of Minnesota, as alleged in the COM
plant herein, or otherwise, nor Gid
any one of said defendants make
any false or fraudulent representa-
tons to the Land Commissioner of
said State:
ID. That neither said defendant
Finn nor said defendant Patterson
has, or ever has had, any interest
in the aforesaid lease issued to said
defendant Mabel Evans.
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1905-09-28


The second claim does not call for
extended consideration. Smith saws
that he applied to Finn for a lease on
December II, 1902, and rendered the
initial payment. Finn says he did
not. The witness Bradshaw is can
did, but he fails to give Smith very
substantial confederation.
Smiths story is that Finn told him
that he would have to see the State
auditor: that meeting was arranged
to be had at the Ryan hotel: that
Finn then told him that he had not
been able to see the State auditor: and
that about the end of the month. and
after the issuance of the Mabel Evans
lease, Finn told him that the property
was in litigation and that the auditor
would not issue lease.
During all this time Smith was in
terested in a scrip entry of this land.
The condition was this: The State
claimed the land as swamp land. The
Smith interests claimed that it was not
swamp land, and that it was therefore
subject to their scrip entry. This
meant contest between the State and
the Smith interests. Such a contest
was had and it terminated in favor of
the State some time we'll along in 1904.
Mabel Evans was an intervenor in the
contest and to very conSi6 ora h1o oy
tent defended the States claim. I;
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1905-09-28

Is. That the interest in said lease
acquired by said Wilson and said de-
PENDANT Baker, as hereinbefore stated.
were acquired upon valuable and
adequate consideration paid therefor.
in good faith, and without any notice
Or knowledge of any, claim thereto, .ad=
verse to the title st said efendanf
Mabel Evans.
IL. That by the term "merchanta
Die shipping iron ore'' is meant iron
ore which at the time it is mined can
be mined, shipped and sold at profit:
that the merchantability of iron ore
depends upon great many factors;
that the merchantability of iron ore
varies from time to time; that the
general tendency is in the direction
OF an increase in the proportion of
merchantable ore in given ore body:
and that all the mines in Minnesota
contain both merchantable and non
merchantable ore.
IL. That the second annual pay
ment OF $4,000 upon the aforesaid
lease which became due in 1904. was
duly paid into the State treasury and
received by the State, and the third
annual payment of $4,000, which be-
came due in 1905. was paid into the
State treasury and received by the
State since the commencement of this
action.
IL. That on December II, 1904. said
defendants Evans, Wilson and Baker
executed and delivered to one M. E.
Richards a certain contract for the
exploration and development of the
lands included within the said lease
to Mabel Evans, wherein said Rich
ards was given an option to purchase
said contract or lease for the sum of
one hundred thousand dollars: that
under the aforesaid mineral contract
said lands have been partially ex-
plored: and the exploration thereof
is now in progress: that said explora-
ton has shown that merchantable and
non-merchantable ore exists therein,
the extent whereof is not known: and
that aside from the minerals and min
rights therein the value of said lands
does not exceed $1,000 per acre.
10. That since the adoption of the
mining lease law of 1889 the plaintiff,
through it's land commissioner, has is
sued 4313 mineral leases upon it's
swamp and school lands, for which it.
has been paid the sum of S1O9, 1928. SO:
that it has executed CAB mineral con-
tracts on said lands for which it has
been paid the sum of S17S, 300. 90 in
annual rentals where ore was not
mined; and that it has been paid
S542, 281.96 in royalties on ore mined
and removed under such mineral
contracts.
20. That since the enactment of said
law private individuals and corpora
tions have expended not less than
81, 300, 100000 in exploratory and pre-
liminary work preparatory to taking
out and removing iron ore from State
lands SO leased, in some cases pre-
paratory to mining operations which
may extend over a period of years,
and more than 81, 100, 600. 90 have been
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1905-09-28


The plaintiff seeks to set aside the
mineral lease and contract issued to
Mabel Evans on substantially these
claims:
l. That the defendants Finn and
Patterson, the land clerk and the as
sistant land clerk, were interested
with Mabel Evans in the lease and
contract
2. That when the lease was issued
another application for a lease of the
same land had been made by Pearl H.
Smith: and that there was no offering
OF the lease to the one who would paw
the largest sum therefor.
5. That the statute authorizing the
issuance of mineral leases and con-
tracts is unconstitutional.
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1905-09-28

q
F.: The land in question is the prop
: erty OF the State of Minnesota, and
: for every ton OF ore taken therefrom
-: the State will receive a royalty of
twenty-five cents per ton, and as
: far as the State is concerned it is
!: immaterial who holds the contract.
-: If five million tons of ore are taken
: from the land covered by the CON-
: tract, the State will receive
: S1,25o,ooo in royalties. Had it
/: not been for the initiatory action of
F.: R. G. Dunn in urgently insisting
: upon U. S. Surveyor General War
=: ner filing selection list covering
!: the land involved, the same would
: have become the property of Pearl
: H. Smith and his associates, and the
State would never receive a dollar
!: in royalty for any ore taken there
from.
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1905-09-28

The selection list was fled in the
State auditors Office in January, 1902.
and any one could have obtained a.
lease for the land in question by ap-
plying for the same after that date.
No application was made for lease
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1905-09-28

paid by individuals and corporations
upon the purchase and transfer of
such mineral contracts after the lands
covered by such contracts had been
explored at large expense and ore
discovered therein; that large sums
have been paid in taxes upon such
lands to the State by holders of such
mineral contracts: and that all of
such things have been done in re-
lance upon the validity of said min
eral lease law and the construction
placed upon the provisions of the con-
stltution respecting the management
and disposition of the State school
and swamp lands, since the enactment
OF said mineral lease law, by the de-
partments of the government of the
State and the people thereof, during
which time and until the commence
ment of this action the constitutional
ity of said law has not been oues-
toned.
Il. That the annual rentals paid
on the aforesaid mineral contract ex-
ecuted to Mabel Evans, and the con-
sideration paid for interests therein.
and the money and labor expended in
the exploration of the land included
therein, have been paid and expended
in like reliance upon the validity of
said mineral lease law.
CONCLUSION OF LAW.
That Judgment be entered herein
adjudging as follows:
l. That plaintiff take nothing by
this action.
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1905-09-28

=: 2. That the mineral contract is +:
: sued to Mabel Evans, and referred :
!: to in the findings herein. is in all :
respects valid.
3. That the defendants Evans. Will
son and Baker are the owners of said
lease, said Evans of an undivided
ten-eighteenths (1O-1S) thereof, said
Wilson Of an undivided fve-eight-
eenths (5-1S) thereof, and said Baker
of an undivided three-eighteenths
(3-18) thereof.
4. That neither said defendant
Finn nor said defendant Patterson
has any interest therein.
Let Judgment be entered accordingly.
By the Court,
HOMER B. DIBELL,
Judge of said Court.
Dated, September q. 1905.
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1905-09-28

Finn says that when Smith came
to the auditors Office on December
II, 1902, he wanted to get the land
dropped from the states swamp list
SO that the scrip entry would be eff I:
fective and that lease was not men !:
toned.
The court does not pretend to know
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1905-03-06

VERY FEW PEOPLE
Are Free From Some Form Of Ind.
uoation.

Very few people are FREQ from
some form of indigestion. but
scarcely two Will have tho same
HymptamH
Some suffer most directly after
eating. hloatluK from gna in atom
heh and bowels. others have heart
burn or sour rlaingB. still others
have palpltatlan Of heart. head
aches aleopleaH seaa. pains In chest
aud under shoulder blades. some
have oxtromo nervousness. ua In
nervous dyspepsia
Hut whatever the symptoms may
be. the cause in all cases OF indigoa
ton is the same that IL, the atom-
aeh for some reason fails 10 prop
erly and promptly digest what 10
eaton.
This b. the whole story Of atom-
aeh troubles In nutshell The
stomach must have rest aud aH
Hiatauce and stuurB Dyspepsia
Tablets give It both by supplying
those natural dIRestlycs which every
weak stomach lacks. owing 10 the
failure OF tho psptic glands In the
#HHHsA' O. ~ HfHt HHsAH# SUI AAt hH#AHA a IVA
and pepuin 20 thoroughly digest and
aaaimliate tho food eaten
One grain OF the active prinei-
pie tn Stuhn'z Dyspepsia Tablets
viii digest 5000 grains OF meat
eggs or other wholesome food. and
this claim has been proven by actual
experiment. which anyone can per
form for himself IN the following
manner. Cut "A hard boiled egg
into very small pieces. ha II would
be II maHtlcated. place the egg and
two or three tablets In a bottle or
far containing warm water heated
tu as degrees 1.-THE temperature ~
the body and keep IL az this tenn
peraturr for three and one-half
hours az the end Of which time the
egg will boz AZ completely difeHted
a. IL would have been ia the healthy
stomach nf a hungry boy
The point Of this experiment o.
that what Atuartsa Dyspepsia Tab
lets will do 90 the egg IN the bottle
theY will DO O. the egE or meat ln
the hfomnrh and nothing else will
rest and lnyigofatr the stomach Ho
AasA#aAA aAAHA h.AAt.H hAAAHHN NaHHAA "a HAH
tie child can take Siunrt'a Tablets
with safety and benefit n It's digea-
ton ia weak and the thousands OF
cures accomplished by their regular
daily use are easily explained when
II IL understood that they are com
pnaed OF vegetable essence aaeptic
pep@in. dlaAtuae and Golden Seal
which mingle with the food and 81.
Eest Il thoroughly. giving the over
worked stomach a chance To feeup-
crate
Dieting never cures Dyspepsia
neither 90 pills and eathartie msdi-
eineH. which simply irritate and In
flame the inteHtlnea
When enough food o. eaten and
promptly dlgeate1 there viii be ne
constipation nor In fact. vii there
Be disease Of any kind because good
digestion means good health Ia
every organ
Tho merit and success 81 stuart'H
Dyspepsia Tablets are world wide
and they are aoii AZ the moderate
price uf 90 cents for full sized pack
age In every drug store ia the Unit
~ States and Canada. a. well a. "a
Europe
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1905-03-06

An monster petition protesting
against the repeal OF the eight hour
law was signed at a mass meeting
OF unurgaulzed wurkinEmen held
yesterday afternoon at Occidental
avenue and Washington street At
tho meeting alone 1000 names were
enrolled and the petition will be
further enlarged before being sent
10 The Legislature.
A. E Fowler. secretary Ca tho
local Federal union. presided at the
meeting. several speeches being
made. The petition signed follows
We, the undersigned working
men of Seattle and vicinity. being
Of the class commonly known as un
organized or uon-unlon men. and
haYiug. therefore. NO other means
Of making ourselves heard. do here
By take advantage OF our ennstitu-
tluual rights as American citizens
and. Ia mass meeting assembled on
the public highway. at the corner Of
Occidental aud Washington street
city 90 Seattle. March 6. 1906. do
hereby respectfully petition the leg
lslatnrH Of the state II WAHhinrton
10 refrain from repeating. amending
or changing in any way the Law
upon the statute books Of the state
making cight hours legal work
day upon public contracts
Badly housed. indlfferently led
and driven from 3 90 10 hours 90 the
limit ~ human endurance. compel
ing FOR an opportunity 10 labor
against modern machinery. made
the victims Of dishonest employ
meut agents. aud On many Instances
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1905-03-06

the total $40 and which
be
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1905-03-06
AGAINST REPEAL
OF EIGHT-HOUR LAW
MASS MEETING or woRkmEN HELD YESTERDAY DRAFTS A
MONSTER PETITION TO Dc SENT orHE LEGISLATURE

Of dishonest employers. through
discounts. hospital fees. etc. We
feel ourselves entitled tu tho meas
tire Of relief afforded b. the eight
hour law.
Our pay even under steady en-
nleymont after deductions for fees
board. etc. Ia lens than SO a
month
With n ton hour day Il iH impoa-
alhle FOR none but the youngest and
strongest 10 continue steadily AZ
work Tor more than few days
Twelve hours on a farm ia less So
vere than even eight at this kind OF
labor
The eight-hour day makes our
LOT moro cudurablc. Il tends TO
make employment for a few more
metz. Il gives a shadow OF oppor-
tuulty 90 the broken soldier Of toll.
whose gray hairs now at as a
black ball when he applies for work
Pioneers Of civilization. We have
built your railroads. tunneied your
mountains. lsYeled the forests where
your cities riae. and our sole re-
ward has been a continually lessen
Ing opportunity 10 obtain even "a
living from day % day
Our only possible share and re-
ward Ia the blessings and benefits
Of advancing civilization IL an OPP
pnrtunity to labor under aaucr and
more humane conditions
You care for the soldier that de-
tends your civilization. DO not
strike az the soldier OF toll who
forms the akirmiah line Of that civ
HIHaIiun
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1905-03-06

To inspire a livelieF interest Ia
oratory and debate among the stu
dents q the state university. Judge
Alfred Battle has offered a prize Of
81 10 b. awarded the student car
ring away the highest honorH Ia
the coming debate with The Uuiysr-
sity Of Oregon.
Muchmurs Is seattin's candidate
Tor the appointment % the position
81 state printer lie has been en-
eoraed By thu local typographical
union and the Western Central La
Dor union. a communication 20 this
effect having been sent % Governor
Mead
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1905-03-06
REPORTS ARE NOT ALL
so VERY FLATTERING
- FAIRBANKS MEN WRITE THAT TIE COUNTRY Has BEEN
REPRESENTED AND GOLD is NOT so PLENTIFUL

r. n date OF all The reports that
.,ue nom the Tanaua couu
-, Al have been Of a roaca'e hue.
-, promlnent business man II
y. -. r Mcdonald has recently
.l,.4 letters from Fairbanks
- Ten another kind ~ story
- thssa letters it would appear
~. " ne country. aud especially
,..- ~. has been somewhat oy=
-...l.sst..l Tho letters wurr writ
~ by Al SELLERS aud Noah haVefs
- pFacueAl prospeetora and olt=
80 In Alaska. Nj. selhsik
y haze examined all the claims
rsIfbanks crock. and saw moth
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1905-03-06

ms 60 set excited about No. 4
above discovery d. the best claim
Dawson parties recently paid SD.
coo Tor Ne 2. aud claim TO have
pretty fair pay. but somehow they
are slow in showing up any OF
the good dirt they say they have.
Discovery ia JUST getting ready
10 take out dirt Nos Z aud 4 be
low. " not blanks. are uWmlly rear
IL Three different persons have
taken lays. on these claims and
all have given u up as a poor prop
osiuon
"C.eary Is the Bonanna creek. but
unless something more than these
two creeks Is found the camp will
soon be on the bum
The town % Fairbanks D. prcfz
y lively Just now. but whether It
viii be a permanent camp Is big
gamble"
Mr. navey writes
They are expecting a big crowd
10 pour In here as soon as spring
opens up. but from a knowledge cf
the situation I predict that there
will be a longer procession headed
the other way. have not much
"a say condemnatory % this camp.
though / do not wish Ia be known
as a 'knoeker There is no short
age % provisions here nothing -
short except money and gold dust
there b. plenty 20 sell but no buy
ers The town "a altogether over
done. ten times ovcrdone There ia
no one here who has any money
and there h no work 10 be had l.
you have 70 buy anything you must
pay cash. strictly cash. II you wish
% sell anything you must wait for
money Off the bedrock. which Is
very SLOW IN materiailEiur THIS
country Is not what It has been
cracked up 10 be- The camp Is
good. possibly Tor Geo people. but
l should say there are 1000 here
ON Fairbanks creek there are
five or slx claims that are good
outside o. those there Is not much
ON Cleary they have located pay
from Discovery o. Il below. and
from Discovery 20 5 above. but thg}
are not all good claims They are
blanks between Few men are a.
work. and scarcely any are hired.
On Ne. I below a crueked-up claim
they say they have a pay streak S.
feet wide. bat ! doubt Il In 5 they
have found good pay. but on they
have nothing They Got some pay
on 9. bat It is deep ground. They
are not working. and On I below
there must be about fifteen lays and
three parties have reeantly thrown
up lays On No . below nothing
has been found. nor could I get
anything cut II fraction alongside
which have been working
There has nothing ~ all been
fauuH on The outside creeks met
a man thai I know Who has been
prospecting for six months and has
fpund nothing
4 was told fhai John Bounineld.
the man after whum the much
taIked-of nanninsld district vas
named has found nothing. and has
quit the district
what Is Eoing 90 support a town
the EiEe Of Fairbanks ia more than
can So There IL not a days work
to BE- bal in the camp and no
money 20 ~ had They are selling
wood ~ g. and hauled az s. and g
and you cannot 60 the money then
until q comes out Of the ground
That was not 40 In Dawson On the
early days Most everybody bad
little dust. even II they had %
take b out with a rocker.
Many are eVpectsd - come In
this spring. but I tell Tou there wlll
be "a many EuinE out IS sD0n a.
the days are a trifie longer.
would advise people 20 keep out u
here There are too many people
here now
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1905-03-06
I,sy TO Quit tobacco OF
Cigarettes
- a the Undsrsi sned. Tor Him =
..F Freely and NoluntarilY
Tsstifius a. Follows

= h.rsbv certify that I was come
-, enrra af the Eebacco habit
-. ar two ycafa AKA hy RoEera
-.sss.s- Sreyinc. 1 have not used
,.sss.-, Ia any form aIHes, nor had
't..lrs Il a. 81. / found Tubae=
s-.ezfue not only perfectly harm
- bet Of srvat benefit Go my SEN
~ health. Before AklHE tobacco
sr.-if5c / had used tobacco the
ssmhsr q years set opposite my
Rsy ". v. Glenn. Meridian. Allss..
R.v ". ] simmons OPP Ala
srssa r Joiner. Atlanta Ca 50
/ A saneisr. Nugent Miss q
HI Hsrriek. Atty. Houston. No
lanes Lasy Bangor cal. q
: A Ross Bsaveraam. ohio. 81
h sharp Uuioatoun. Ark- 3
IN webster. Manchester. y n
q ges[s Co.,.
A. y WIN A1t Mans
yeafs
= Aaitss' NA''ii'' WASH -
years.
hear h9~rl- 4e4'alaiii'' T. -
ytAis 49,.
Aiisa h5keh ~ W.T. MlNA'. -
fsaA ,.., ~
lan AaaAii'A'ei' 1ssasAs.A A'" - -
year& ,...,
Z SsAlAls'A' t'-sss isis' N',is -
Is4fA
Ass - N"t@ +as'A' 4isi'h -
~
AasS : Aisoi''''s' avn "A-' %
geatA -.., ...
Il ". HAMA S'efstiHNiAtf' Unit =
yeaiA
= 9 soees' san haeEa 'als -
years
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1905-03-06

the world People DO not seem 10
know that there are minsa In this
county. but they will Hoan learn
something about the wealth At home
that Wiil surprise them
Mr Frankfurt has some remark-
ably fine specimens % ore AZ hia
office In the Pioneer building that
Wsfe taken from the different
claims in the berlin district.
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1905-03-06

A 9sry pretty little fancy
Corner Chair. seat Of velour. in
finished mahogany.
4 Center Table Cover.
a very odd and attractive
Gothic Chair. Ia weathered oak
finish
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1905-03-06

A very neat Oak India Seat.
A dull black Iron Jardiniero
Stand
One pair Ruffled Net Curtains
and Loops
One Brass Curtain Rod.
A new and very pleasing pat
tern Velour Couch.
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1905-03-06

Solid Oak Center Table. 2tzIneh
top, polished.
Odd Veneer Seat Rocker
A splendid Solid Oak Morris
Chair. velour reversible fuah
ion
A large Brussels Rug