Mineral Point tribune. [volume] (Mineral Point, Wis.) 1854-1858, 1858-08-24
NO. 81.

miles OF faliToad must De completed With
in FIVE months by that Company in order
fully to comply with the law and It's con-
tract SIX months have elapsed since my
views were known to the Company, and
since they were informed, through inter-
views | had with various Directors of the
Company, that could give no certificate
until the Company commenced and prose-
cu,ed the work upon tha, part of the road
10 be completed the present year and still
no efforts made or steps taken towards
fulfilling this part of the contract with the
State. The Company has not been ,axen
by surprise. / gave the information thus
early in order that something might be
done 10 avoid the difficulty. The Direct
orS Of the Company have not hesitated to
declare hat it IS impossible for the Com
pany 10 fulIl lis contract, and still 1t cries
Ser land. II Is breaking It's contract with
the State in failing to build the roads. from
Madison and Columbus 10 Portage CITY.
and insists upon pay for breaking H.
independent OF co siderations which I
have before maintained, the fact that the
Legislature limited the time within which
the roads from Madison and Columbus TO
Portage were 70 be completed to the las,
shows that lis intention was to have that
part of the road first completed, and gives
peculiar force TO the construction which |
am compelled to put upon the law. The
State has, otherwise, no security that the
roads from Madison and Columbus to
Portage City viii ever be completed The
State could bring no suit against the Com
pany to recover damages for It's failure to
perforLA, nor could The State commence
and prosecute any proceedings IN any
Court to compel The Company to perform.
The State would be entirely at the mercy
OF the Company. The latter could do
whatever it chose, and leave undone
whatever II chose. Ii could build a piece
of road where the value of land would
warrant a speculation, and refuse or neg
lect TO build where the lands were poor,
thus entirely avoiding the intention of
Congress in making the grant to the
State, and the intention of the State in
conferring the Grant upon that Company.
The act OF Congress and the act of
Legislature both declare thaI the said
lands shall be exclusively applied in the
construction of that road for which il was
granted and selected, 10 be disposed of
only as the work progressed, and 81 the
same shall be applied to 30 other wor.
Whatever As part of lis contract, the
Company agreed, in accepting the grant,
that The sand lands shall lie applied 10 no
other purpose than TO tuild railroad from
the city of Madison In the COUNTY of Dane,
and from the village of Columbus, IN the
county of Columbia, on the most direct
and feasible route by the way of Portage
Clty 10 the ST. Croix River or Lake, be-
tween townships twenty-five and thirty
one, and from thence TO the West end of
Lake Superior and TO BAYFIELD," In di-
rect violation of this contract this Comma
ny contracted to pay and have paid a very
large amount of Land Grant Bonds, al a
sacrifice Of near one million of dollars on
heir par value, to build branch of the
l.. {. 4 Nj. K. r., or a part of a railroad
from Tomah to the city Of La Crosse,
which 1t is not pretended is on the line of
the road intended lay the act of Congress,
and hy act OF our Legislature. So the
lands, or securities based upon the lands.
granted by Congress, are being diverted
from their legitimate purposes, and ap-
piled to purposes entirely foreign from the
design 1t Congress, in building roads, or
parts Of roads, not intended TO be aided
by the Grant.
Ali this IS matter OF record proof. ]
am called upon as the Executive of this
State, 10 wink at these failures of con-
tract and diversion Of funds, and to sit
quietly by while the munifceAt grant by
Congress IS encumbered by mortgage
bonds, and the securities sacrificed at 80
ceuts on a dollar, for PURPOSES never in
tended by the IaW making power. The
grant was made for the purpose of IN
crcasing facilities for travel and the trans
action OF business upon the line d,signa-
ted, and for the purpose Of developing the
resources and Fastening The settlement of
The waste and unsettled portions of the
State The lands, or the money arising
from their sale, cannot be devoted to any
other purpose, TO be used to build any 9TH
er roads, or propriated to pay old debts,
or the interest on old debts contracted be-
fore that grant was made by Congress.
Ny predecessor. in my judgment, gaze
his certificate erroneously. | submit that
this IS not Il matter of difficulty between
the United States and railroad compa-
~. hut matter between ihis State and
the La Crosse and Milwaukee Railroad
Company. to be settled and determined
hy the authorities and courts Of this State.
The General Government deals with
the State through is properly constituted
authorities. In regard to the Grant, the
State. as TO The Government, stands IN the
light of a trustee. The State Is bound to
see the lands property disposed Of by the
Company TO which, on stipulated condi-
lions. alurned over the Grant. The State
and the Ia Crosse Company must settle
lbls matter between themselves, and by
the ACT Of our Legislature, the deeds Of
conveyance Of the lands are to be made
by the Sale authorities 10 The Company,
as fast as il is entitled 10 them. have
no personal controversy with that Compa-
ny. ard never had nor have ever had
any Of any klnd wilh any OF rs old di-
rcctors. or present nnes. The La Crosse
:.