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[ME BEMIDJI DAILY PIONEER isforical Socte!y VOLUME 7. NUMBER 173. BEMIDJI, MINNESOTA, MONDAY EVENING, NOVEMBER 8, 1909. « FORTY CENTS PER MONTH. STATE CRUISERS REPORT ON “SWAMP LAND” MATTER T. L. Duncan of Northome and Nils Otterstad of Turtle River Make Reports.— “Tax State Lands for Good Roads,” They Recommend. St. Paul, Nov. 5. Mr. A, G. Rutledge, .Bemidji, Minn, My Dear Mr. Rutledge:—I am enclosing you herewith copies of official reports made to this depart- ment by T. L. Duncan’ of North ome and Nils A Otterstad of Turtle River, two of the-examin- ers who have represented this office in connection with the swamp land contests in northern Minne- sota. No one has, orcan question the loyalty of these two men to the people or the material interests of that large part of our state. The reports fairly represent the exact conditions. Mr. Duncan’s report contamns mapy excellent thoughts and suggestions for the future, which should have a wide consideration. As for myself, I may add that I am in favor of the general trend pf his suggestions. 1 believe that much good will ultimately result from this discus- sion. Rest assured, that I am in hearty accord with any movement which will give the relief_ prayed for, and that I will do my utmost to bring about an improvement in the general conditions as far as my ability will pefnit. If you care to do so you are at liberty to print, not only my letter, but these reports from Duncan and Otterstad. Very truly yours. —=S. G. Iverson, State Auditor. Report of T. L. Duncan. ; Northome, Oct.. 20. S. G. Iverson, State Auditor, St. Panl, Minn. > Dear Sir:—In reporting to you the com- pletion of the swamp land examination to which you assigned me last spring, I take advantage of the opportunity to make some explanation of the work, and comment on the situation which hag come about from the swamp land contest. There has been some criticism of the state in defending its right to swamp land on which squatters had settled, and the matter has appeared in some quarters in an altogether wrong light—the state being accused of driving settlers off their lands, contesting their claims, forcing them into a heavy expense to defend their claims at the Land Office whether the state appears or not. These accusa- tions, as presented by one writer, have been so plainly made in total disregard of the fact and so wholly illogical on the face that it is hardly worth while making any reply to them; but some discussion of the situation may interest you. The towns in which these swamp land T.J. GRANE & GO. Women's and Children’s Ready-to-Wear Garments Elegant and Exclusive Greafions from America’s Best Makers res. | $18.5 ular $15.00 and $16.50 coat val- ues. $4.95. ues. Ladies’ Sweater Coats and Jackets $2.50to $15 Merino and Cashmere Hose, 25c to $1. Kayser Italian Silk Hose, $1.75 and up, in black, brown, gray and white. Extra---$28.25 Art Coats—Refinement in every detail—Coats that measure up to the highest standard of good taste—faultless in fabric, fit, fashion and finish—models possessing a pleasing individual- ity. The trimmings are elegantly simple, rich but not gaudy. ular $22.00 and $25.00 coat val- Our special Child’s Coat Offer—all this season’s models—worth $7 and up—$4.95 We want to acquaint many more people with the high character of our stocks and to induce compari- sons on the part of those who are prejudiced in favor of storés in which they may be in the habit of trading. That is the sole and only reason we cut off the regular prices, and we feel that this course will bring us new and permanent customers. for $35.)0 and $38.00 High Three Special Lots of Coats for lively selling This Week for for reg~ $24.5 ular $28.! 00 and $30.00 coat val- ues. Ladies’ Union- Suits, silk-and-wool, merino, mercerized, fleece-lined and Swiss-ribbed totton. Prices—$1.25, $1.50, $2.50, $3, $3.50. contests arose were late in being sur- veyed, and settlers, pushing in ahead of the surveyors, located on whatever land they wished. Many of these squatters were not aware of the fact that all swvamp land had been conveyed to the state by the Act of March 12, 1860; some believed that the state would make no fight for swamp land on which there were settlers; others were of the opinion that it would be “easy to beat the state.” Some were misled by their own and their neighbor's views of the matter, others by igncrance or unscrupulous locaters. The opening of these towns was further delayed by re- surveys, and when settlers were allowed *|to “present their application at the land office many of them had made valuable improvements—not in all cases on the swamp land, but on the one hundred and sixty acre tracts claimed as a homestead of which the swamp lands. were a part. In all cases where applications , were found to be in conflict with the state swamp land grant for all or a part of the land claimed and settlement was alleged prior to the opening of the plats at the land office the settlers were allowed to institute contests against the state and hearing was_f ordered by the U. S.Land Office to determme the respective right. Here it should be remembered that the legal subdivision considered in the desig- nation of swamp land is a forty-acre tract and that where a homestead appli- cation was in conflict with the state or a 40 or more, the applicant had the option of dropping off those forties that were swamp and taking only 120 or 80 acres as the case might be, and ™ retain a per- sonal right to enter an additional tract to make up the shortage in his homestead. These contests so initiated,were all against the state, and were not commenced by state against any settler. The institution of a contest by a settler was the only way he had to gain the land, if entitled to it— the Land Office should not give it to him, even if not swamp, without a hearing. It was for the purpose of ascertaining the facts and presenting them at the hearing that our party of examiners was placed in the field. It has been charged that these examiners were “sworn to per- form certain work in a certain way,” ‘which charge you know to be absolutely false. The examiners were sworn only when called to stand as witnesses at the hearing, and then only by the Register or the Receiver of the United States Land Office, In looking over the correspondence I find no instructions from you as to the manner of procedure in making these examinations, except to confer with Mr. W. E. Culkin of Duluth, the special attorney for the state in charge of the hearing. Before entering the field each examiner received from Mr. Culkin type- written suggestions as to the method of examinations, in which he emphasized that our duty would be “simply to ascer- tain and report. the facts,” and in his letter of April 29th, transmitting to me a copy of these suggestions, Mr. Culkin further said, “you are making this investi- gation to ascertain the facts and you will be required to testify at the trials in respect to the character of the land.” The three state examiners traveled to- gether and in each others presence made a careful examination of each forty, noting the character of the soil, the principal timber and other plant life, and determined how many acres were swamp and how many not swamp. Where there was any question as to the character of any portion of a swamp being sufficiently permanent to fall within the meaning of the act of March 12, 1860, we passed it as non-swampy, thus giving the benefit of any doubt to a settler in every case. The examiners found in many cases that the lands are swamp and properly so designated by the surveyors, in other cases they found that a major portion of each forty to be non-swamp and have been erroneously returned by the -survey- ors as swamps—in fact the examinations revealed that the U.S. surveyors had been guilty of the grossest carelessness in platting the swamp lands, and this was particularly apparent- on section lines where high and dry lands, directly under their observations was marked as swamp. Only 73 cases were examined by this party of examiners, instead of “*hundreds” as alleged by a recent writer attempting to furnish the public with facts. Out of these 73 casas 13 were reported non- swamp for all the lands claimed, and no fight made in behalf of the state; 17 were dropped by the contestants; and one was dismissed by the local land office and is now pending at Washington on appeal; 11 were adjusted by mutual agreement, that is, the state dropped out forties that were high and dry and the contestant acquiesced in the finding of the. exargin- ers as to swamp forties; and in 31 cases only the state made a fight. In these 31 cases the state is claiming 52 forties, and in only one of these cases is the whole (160 acres of the contestants homesead application involved. In 7 of these 31 cases the contestants have built their cabins on swamp forties. It is unfortunate that these people should have been allowed to “settle upon §(such land, and unfortunate that they should have been.brought in conflict with the state for tracts that are actually swamp. Legally the attitude of the state in defending its title to these lands is right, without question the swamp -lands were granted to the state of Minnesota by the act of Congress on March 12,1860, and being so granted they belong to all e | the people of the state, and not to any one individual who may illadvisedly, or otherwise, settle upon them—they must GHARGES AGAINST GOUNTY AUDITOR IS GONSIDERED Were Presented to Governor Eberhart Last Saturday.—Matter Under Advisement. County Auditor Wilmann and his attorney, E. E. McDonald, returned Sunday from St. Paul, where they on Saturday were present when the charges against Mr. Wilmann, re- cently heard by the late Governor Johuson, were .again gone over before Governor Eberhart. "The matter was gone into to some length, Assistant Attorney General Lynden A. Smith appear- ing for the state and presenting the charges together with an argument in their favor, while Mr. McDonald appeared in behalf of Mr. Wilmann and argued against the charges. The .hearing was taken upat 10 in the forenoon and lasted until noon, and Governor Eberhart is said to have asked many questions relative to the charges. Governor Eberhart took the matter under advisement and will render his decision later. be disposed of as provided- for by law, and for the benefit of all the people of the state. Technically, as based on the character of the soil the state is right. The examiners made careful examina- tion in each case and returned as swamp only that which is swamp. The position of the state is ‘unassailable, but where settlemént was made in good faith on swamp land there should be some way to help out the settler. Some of these people, and 1 may say most of them, have been made in good faith in looking for lands, for themselves. As to whether they are right or wrong is not important at this point in the discussion. They have spent money and time in an attempt to settle the north and make homes for themselves—many of them feel that they have lost something in this conflict with the state. It will not be -possible to re- imburse them directly for the loss, but the state, by a generous policy, may be able to lighten the burdens of a pioneer life and to hasten the progress of this new country that living in it may become easier. 5 =, No sympathy, however, should be wasted on that class of settlers who have come into- the north for the purpose of acquiring valuable timber lands, and who, shortly after getting title, sell the timber and leave the country—many going to Canada to repeat their homestead opera- tions. Northern Minnesota and Koochi- ching county in particular is suffering severely through the ownership of land by these erstwhile homesteaders—there is a lack of permanent farm occupants and| there is a surplus of wild lands; both wet and dry. In a large pereentage of these swamp land cases the earmarks of good faith were uncertainly developed, and in several instances entirely wanting so that the claimant may be expected to turn out to be a bird-of-passage. Northern Minnesota is in need of new settlers. ‘Whole townships that were well settled six or seven years ago have since become almost depopulated through the passing of these homesteaders to other fields. This is not due entirely to the character of lands, swamp or non-swamp, by the state, nor to the presence of poor soil or unfavorable climatic conditions for the holdings of the state are light in the towns I have in mind, the soil has been pronounced by experts as the best and the climate has not interferred with the success of a few enterprising ones who have remained; but it is due to the unrest of the settler himself; the ease with which he obtains title under the commutation feature of the homestead law, and the timber and stone act. Criticism of the action of the state in these swamp land contests has brought out the fact that it, 00, is holding large areas of unoccupied lands in the north, land on which no taxes are paid to help along local improv- ments and while this has nothing to do with the swamp land contests, and is something over which the state auditor has no control it goes to show that there is a growing sentiment against the state's present plan of holding and disposing of lands. For the relief of the swamp land settlers the men and women who have gone on in good faith with the intention of making homes, I would suggest that influence be brought to bear upon con- gress for the passage of an act in about the following words: “That in all cases where contests are now pending between settlers and states, involving lands included within any state swamp land grant, and in which a bona- fide settlement was made on the land by the contestant prior to the.opening of said land to entry, the state may relin- quish such land and select in lieu thereof other land equal in area, and such lieu selections may be made either within or without any national forest which may be in said state; and “That where any such settler has re- [Continued on Last Page.} 'G. A. R. Supper Splendid Success. The old-fashioned New England supper, which was served Saturday evening by the ladies of the G.’A. R. as asort of campfire supper, was a very successful affair. There was a splendid attendance and the net receipts were from $35 to $40, which will be placed ina fund to be used for the erectionof 2 G. A. R. monument at Greenwood cemetery. People began “lining up” for the good things served by the ladies as early as 4:30 and there was a real rnsh from then on until the close to 9 o’clock. The ladies who served the edibles were kept “on the jump” from the time the supper began until its close, but they had their reward in the splendid success of the affair. Colonel Wood of Cass Lake, ‘receiver atthe U. S. land office, and who is prominent in G. A. R. circles, was present and delivered’ a splendid short talk. Comrade T. J. Martin, who but recently returned from a trip in the west, also spoke, as did several other members of the local post; and the program given in cennection with the “supper was greatly enjoyed. Big Millinery Sale. Commencing Nov. gth, take ad- vantage of this sale, We are offering you bargains now, at the right time, and the right goods at prices that will not fail to appeal to you, We are making this sac- rifice in millinery to make room fof our new.line of ladies’ furnish- ing goods, which is now the best and most complete i the city. We are sole agents for the Merode underwear in cotton and wool. Union suits and saparate garments. Ladies who appreciate fit and quality will make our store their headquarters, —Hetland & Fallon, AGGIDENTALLY SHOT BY HIS BROTHER, ANG DIES Two Boys Were Hunting in Woods Near Eiland, When the Accident Happened. County Coroner Ibertson re. ceived a letter this morning stat- ing that while two sons of a man living in the Town of Eland, near Kelliher, were out hunting last evening, one of the boys accidentally shot and killed his brother, death resulting a few moments after the fatal shot had been fired. The name of the father of the boys was not ‘given in the letter, but from other sources it is ascer- tained that the name of the family was Wilson. Shooting was heard in the woods near Eland postoffice, and when neighbors went to see what was the reason for the reports, they came upon two boys, one lying on the ground, gasping his last breath, a bullet wound showing the manner of death. The surviving boy was standing near, according to the latter, and when questioned as to how his brother was shot, stated that he was going to shoot a deer and that his brother stepped in front of the gun, receiving the shot intended for the deer, which caused death. The coroner will leave this even- ing for Kelliher and go from that || place to where the boy was shot and investigéte the case. Millinery Bargains. Don’t fail to take advantage of this sale, while millinery is of inter- est to you. Come early and get the best selection. This salecommences Nov. 9th. Hetland & Fallon. Additional local - matter on last page. Bemidii Eleven Gained Man manly Behavior and Clean With five regular members of the eleven out of the line-up, Company K’s football team was yesterday defeated at Grand Rapids, by a score of 17 to 0, in what the Grand Rapids people claim was the clean- est and most gentlemanly game of football ever played on a Grand Rapids gridiron by a visiting eleven. The result of the game, while a defeat for the locals, isa virtual victory for Bemidji in the matter of clean athletics, as the matter in which the Bemidji players con- ducted themselves won unstinted praise from Grand Rapids citizens, who had really expected to see a gang of rowdies who would be un- able toplay a game without a fist fight ortwo. In this they were greatly disappointed, as the Bemidji eleven accepted everything as given, and even when one of Grand Ragids’ players who is known for his im- pulsiveness, on two occasions delib- eratley struck a Bemidjite in 'the face, no resistance was offered to the act. While Bemidji was demoralized to| a large extent by the absence of Huffman, the quarterback who has been running the team, and four other players, some of the ““Rapids” team were on the lame list, also,| and but for the great generalship and kicking ability of their splendid quarterback, the game would have been much closer, as the Bemidji line at all times held like a stone-| wall, and the only gains made were either around-end which was but once, or on punts which were muffed or actually missed entirely, allowing | the “Rapids” player to get the ball within a few feet of the Bemidji goal. A by Grand Rapids were the direct re- | sult of missed punts which were grabbed by the opposition, purley poor judgment on the part of Be- midji. “The other touchdown came from an interrupted forward pass, Two of the touchdowns secured " COMPANY K FOOTBALLISTS LOST TO THE RAPIDS, 17-0 y Friends by Their Gentle- Playing.—Were Weakened by Absencs of Five Regulars. which King, the Grand Rapids quarter grabbed and with good in- terference in the crowd which lined the field, got away for a touchdown. Once the Grand Rapids team had the ball on Bemidji’s two-yard line, but Company K held hike giants and grabbed Walleen, the famous line- bucking fullback of the “Rapids,” and actually threw him back nine feet, the locals losing the ball. Lucas immediatelv punted the ball out of danger. This wasa great demonstration of the strength of the Company K line. The team work of the Grand Rapids eleven, and the splendid generalship of King was too much for Benidji, without tbeir fast little leader, and the luck all broke Grand Rapids way; but Bemidji kept right on playing and toward the end of the game, with great work by Stewart, Kelly and others, the soldier boys were march'ng down the field to a touchdown, time being called with the ball well towards the Grand Rapids goal line. George Hanson, the gritty full- back of the Company K team, sus- tained quite a serious accident. He played like a tiger, being laid out several times, and finally was carried from the field, with two ribs loosened from the cartlige. ‘The splendid conduct of the Be- midji eleven won for them the highest praise from Grand Rapids, and the game has resulted in the’ renewal of friendly relations between [the members of the two elevens and the citizens of the With all kindness, the Pioneer man,- who saw . the game, would advise the Grand Rapids people to sit down” on one of theiraggressive players who persists-in- ‘“‘mixing” things at every opportunity, and is not abo,ve striking and kicking opposing players. This is not true sport or creditable piaying. Cut it out. *Rapids.” Lecture on Norway. Ola Johann Saervold will deliver an illustrated travel-lecture on “Nor- ‘The Land of the Midnight Sun,’” iu the city hall next Tuesday way, evening. The lecture will be illustrated by 150 new colored views, and 3,000 feet of new motion pictures. The lecture will be given under the aus- ‘pices of the Scandinavian Lutheran church. Mr. Saervold is spoken of very highly as a lecturer of note, and as his address will be given in the English language undoubtedly a large number of our citizens will attend. Admission — adults, children, 25 cents. 50 cents; Mr. and Mrs. Charles Bush re- turned this morning to their home at Brainerd, after having spent Sun- day in this city visiting with rela- tives. Mrs. Bush was formerly Miss June Hyatt, well known in this city, and she was married to Mr. Bush during the month of August. FARM their places. trami county can If you need fun stock your farm ¢ The First National Bank of Be- midji is prepared to make farm loans for reasonable amounts to actual settlers who are improving We believe that Bel- ductive dairy country. First National Bank Bemidji, Minn. LOANS be made a pro- ds to improve - or all on