Saint Paul weekly Minnesotian. [volume] (Saint Paul, Minn.) 1858-1859, 1859-04-09
THE RIGHT TO SELL RAILROAD LANDS

But how far can the lands lie made avail
able? Congress, avows the object of these
grants to be for the purpose of aiding in the
construction of Railroads.: we have seen.
that the grant has passed beyond the imme-
diatc control Of the Government; and on
compliance with certain conditions, by the
companies, who are the grantees of the
Legislature, the title is as perfect as patent
can give; but still the vital question remains,
what are these conditions? When and how
can the Companies sell
To this inquiry, address myself
Its solution depends upon section four of
the act Of Congress of March 8, 1857, which
is as follows:
"SECTToN 4. And be it further enacted,
That the land hereby granted to said Territory
or future State shall be disposed of by said
Territory or future State, only in the manner
following, that is to say, that a quantity of
land not exceeding one hundred and twenty
sections for each Of said roads and branches,
and included within continuous length Cf
twenty miles Ofeach of said roads and branches
may be sold; and when the Governor of said
Territory or future State shall certify 70 the
Secretary of the Interior, that any twenty
continuous miles of any of said roads or
branches is completed, then another quantity
of land hereby granted, not to exceed one
hundred and twenty sections of land for each
of said roads and branches having twenty
continuous miles completed as aforesaid and
included within a continuous length of twenty
miles of each of such roads or branches, may
be sold; and so from time to time, until said
roads and branches are completed; and if
any of said roads or branches is not completed
within ten years, no further sale shall be made,
and the lands unsold shall revert to the United
States"
Section 8, enacts "that the lands hereby
thereby) granted to the said Territory or fu-
ture State shall be subject TO the 'uture dispo-
sal of the Legislature thereof for the purpose
herein (therein) expressed and no other" and,
accordingly, in the act of the Minnesota Leg
islature, approved May %, 1857, the trust
created by the act OF Congress was executed,
by disposing of the grants of land to the COM
panies named above. In the chapter of that
act Incorporating, and vesting the lands per-
tanning to the northern routes in the Minnesota
and Pacific Railroad Company, we find sig
nificant provision, furnishing legislative con-
struction of the meaning Of section of the
Congressional act After transferring the
lands to the company. Section 16 proceeds
as follows:
"And Prorided, That the title of said land
shall vest in said Minnesota and Pacific Rail
road Company in tn. manner following, that
is to say, whenever twenty or more continu-
Gus miles Of said road shall have been located,
the Governor of the Territory or future State,
shall certify the same to the Secretary of the
Interior and thereupon the title to one hun
dred and twenty sections of said lands shall
vest in the said company; and when twenty
continuous miles of said road shall have been
completed so as to admit of running regular
trains on the same, the Governor shall certify
the same to the Secretary of the Interior and
thereupon a further quantity of one hundred
and twenty sections Of said lands shall vest
in said company, until said roads are COM
pleted." -"
In Wisconsin, under Railroad Land Grant,
identical with that to Minnesota in this respect
the Legislature required twenty miles of con-
struction, instead Of location, but allowed the
companies, when said twenty miles were COM
pleted, to sell two hundred and forty sections
of land
Recall, now, the language of section 4 of
the act Of Congress. 1t enacts :" that guam
tity Of land not exceeding one hundred and
twenty sections for each Of sail roads and
branches and included within a continuous
length of twenty miles Of each of said roads
and branches may be sold"
This is the first clause of the section, COM