Repository: UIHistories Project: Board of Trustees Minutes - 1888 [PAGE 20]

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PROCEEDINGS OF BOAED OF TRUSTEES.

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may be offered for sale, and be disposed of at good prices. From being the least desirable of the Minnesota lands, these lands have now become the most promising. I believe the present policy is to wait for developments. The other group of lands, ab out 9,000 acres, is about equally distributed on either side of the line which separates Renvilie and Kandiyohi counties. These lands maybe reached from Bird Island, the principal town in Renville county, on the line of the Chicago, Milwaukee and St. Paul Railway, or from Willmar, the county seat of Kandiyohi county, on the southern line of the Manitoba railway. The lands lie about midway between these two lines of road, and are from 10 to 15 miles distant from the nearest stations. There is much talk about projected lines of cross roads which would come nearer to these lands, but none that I could believe worthy of much confidence. These counties contain a large amount of railroad lands yet unsold. Until this fall there has also been considerable land for sale belonging to the State, but this has within a few weeks been all sold at low prices and on easy terms. Through an agency in Chicago, the railroad companies are sending in actual settlers in considerable numbers. I found a good many new dwellings and new breakings, together with a goodly number of farms of longer standing, along the lines of my travel. The railroad prices are from$4 to $9 per acre; one-third cash, and the balance on long time at 7 per cent. The State had lately sold land at $3 to $5 per acre, most of the price to lie 15 years at 6 per cent I think we may have to hold these lands from 5 to 7 years, unless some peculiar change which we can not now foresee should occur. I believe it will pay the University and the State to hold these lands; and that the processes which will give them value are now going forward as rapidly and surely as we can expect. I found that a second entry had been made upon the S. E. % Sec. 18,124, 36, and that the landhad been transferred under that entry several times. The tract has not been improved. On my return to the University I wrote to the Commissioner of the General Land Office, and have received answer stating that this conflict has already been decided in favor of the University. You have also heard of a conflict as to the S. E. ^ Sec. 24,124, 36. I found that this tract has been transferred under the patent issued to another party in pursuance of an entry subsequent to ours, and that the land is now under improvement. I also found that the S. W. % of the same section has not been entered upon or improved; it is in every respect as good as the S. E. 34, so that in fact it would be hard to say that one tract is better in any respect than the other. If the Land Office should continue to take the view of the case which was expressed to me by its officers in conversation last spring, the simplest solution would be for the University to accept the S. W. ^ in; _iieu of the S. E. J4, and I would recommend that authority be given to the President of the Board to take such steps as may be necessary to make this transfer, if the Land Office should agree thereto. Otherwise it will remain to be seen whether the Land Office can put the University in possession of the land without resort to legal process in the courts. I found four cases in which parties were wrongfully occupying or using our land: 1. Peter Olson, a Swede, is on the S. E. % of Sec. 25, 124, 36, in Pope county. He moved his log house upon the land last spring. Has done no breaking. Is old and poor, and will probably not stay if directed to leave. 2. There is breaking on N. W. % 13,124, 37, by a man living near whom I could not find. 3. August Anderson has built a house and done large amount of breaking on the N. W. % of Sec. 10, 117, 35. I saw him, but could not converse with him very much. He knows that the land is University land, and says that he will buy when it is offered for sale. I have since had a letter of inquiry on his behalf from a person in Willmar. The man has chosen the best 80 acres of the section; went on last spring; has not raised any crop. 4. Peter Hagstrum, a Swede, has broken a considerable part of the S. W. % of the same section. I could not find him. Inquiry among the settlers of the vicinity shows that both Anderson and Hagstrum know very well where they are, but that they have an idea that in equity, if not in law, they will establish a sort of claim to the land, or to a pre-emptive right of purchase, by making actual settlement upon it. On the day before I left my work in Minnesota I learned a fact concerning some decisions of the Supreme Court of the State which may be cause of a little uneasiness. It is well known that the University, through its treasurer, has paid taxes on all these lands, year by year, and that he or the State Auditor holds receipts for the taxes so paid. I suppose that all parties have rested in the opinion that in these respects the interests of the University were secure. It now appears that the Supreme Court of Minnesota has decided that if for any cause—accident, neglect, collusion or otherwise—the county officers shall have included any of these lands in those offered for sale for delinquent taxes, and the land have been so sold, etc., etc., that the tax title thus acquired is good even against the owner who has paid his taxes regularly, and holds the evidence that he has done so. Immediately after my arrival at home I wrote to the several registers of deeds, in the three counties, asking them to inform me if any claims of any sort, including tax titles, are now against any of the University lands. I have not yet received any answer, but expect to have full knowledge of the facts to lay before you when you shall next meet. All which is respectfully submitted, S. H. PEABODY.

On motion of Mr. Cobb, all matters concerning lands in Minnesota belonging to the University, especially touching the perfection of title to any which may be in question, the leasing, and the general supervision of said lands, were referred to the Regent and Mr. Bennett, now serving as committee on Nebraska lands, with full power to act for the University and to protect its i n t e r ests in said Minnesota lands.