The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1859-04-07

be carried into effec,
1 Observe also, the strpus ocrrobora,io
Y which this constructioa receives from IL
/ REMAINDER Of Section -Four. After enac,in
|, thai l2O sections for each mad or braac
I Ssag e sd, the section provides that whe
= invent, CONTINUOUS miles Of rad arr CON,
pieted. then ahlaer quantity Of lso section
T may ia like manner he ~oll: and 80 on fror
time Ia time. Not word OF complction
As condition precedent, until the secon.
body Of iand-szso>h>v quantity-is uDdc
consideration. Surely the English languas,
Is incapable OF expressing with greater Ger
tainty the construction FOR which we con
tend. and which has been 50 unhesitatingl,
4 adopted by the Legislatures Of Wisconsin
and Minnesota.
! i have in NV possession an elshorai,
opinion of Greene {. Bronson. an eniinen,
| )urist Of New York. formerly Chief Justic.
OF the State, sustaining this view OF the
subject but il cannot be Necessary 10 re-
produce il on this occasion
may be allowed. however. for the sake
| Of illustration. 10 cite the steps which the
Minnesota and Pacific Railroad COMPANY
directed 70 be taken. for the purpose of as
| serting its OWL right and transferring L. the
State. a security required by the terms Of
the Loan OF State Credit. The Board Of Nj
rectors instructed the Chief Engineer 10
divide the main line from saltwater to
breckenridge, and the branch line from ST
Anthony to Crow Wing both routes having
been approved hy the Department OF the
Interior, into sections Of twenty continuous
miles. The officers Of the company then pro-
ceeied ~ ascertain, where on these respec-
tive lines. a quantity of railroad lands equal
TO 10 sections could be found resting on u
continuous length Of twenty miles, OF
course for some distance, hardly . vacant
acre could he found but, At length. in the
Big Woods On the main line. and between
Saint Cloud and Crow Wing on the branch
line the respective bodies Of land were found
Now. except for the obligation TO the State,
the Minnesota and Pacific Company would
have had perfect right to sell those guam
titles of land, each seventy six thousand
eight hundred acres or one hundred and nifty
They are. in the language of the Constitu-
ton, the a. ii rst two hundred and forty sec-
tons which such company has become ''au-
thorized TO sell - and the power To sell that
Co tl.as q
nesota and Pacific Railroad Company has
main line and branch line, and may there
fore avail itself, in advance of construction,
of the two quantities of land OF one hun
bred and twenty sections each. When called
upon TO execute the landed security 10 the
State required by the Constitutional Amend
ment Of April 18th. 1855, the company, az
ter executing a conveyance in general terms.
obtained the consent Of the Executive of
the State. to annex schedules of the lands
thus separated from the mass OF the Land
Grant, and transferred them to the State,
with ample covenants, OF course. 10 supply
any deficiency which might exist after final
adjustment with the Federal Government.
Governor Sibiey did not fail to comnuni-
cate to the Commissioner of the Land Office
not only the legislation of Minnesota. but
the construction placed upon the Jus dtsao-
netdi of the fourth Section by the Railroad
Companies of the State. No intimation has
been received adverse to the view here adj
vanced. and. indeed under the decision oi
Attorney General Black, the whole subject
seems To be removed from the supervision
of the Land Office. except simply to ascer-
tain and report schedules Of the lands grant
ed by Congress. This appears to lie the de
finite conclusion Of Hon f. A. Hendricks
who in communication 10 Governor Sibley.
dated July 80, 1858. holds the following
! language
" Referring to the fourth Section Of the
said Act OF March 5, 1897, making the
Railroad Grant. which prescribes the terms
| upon which the State may sell one hun
bred and twenty sections from time 10 time.
! have TO state. that we take no heed ot
what the state may do in that respect, 50
| far as our action is concerned in making out
lists Of selections and certifying the same.
that being condition Of which the State
must take cognizaucc herself, So as H. avoid
making sales not warranted by law. All We
have to do is to certify the selections law
fully made, leaving the State to fulfil the
conditions the grant has imposed upon her
thereby avoiding the penalty of forfeiture
and saving her vendees from being the To
cipients of invalid titles
Il In other words, the State of Minnesot;
and the Land Grant Railroad Companies
are requested 10 read Section four for them
Il selves and deliberately 10 determine its i'm
port.
Il In October ls57. therefore. after a suruu,s
actively passed by the different -~'npnrfe'
in the survey and lvcation Of their lines
the munifcent Land Grant was immediatel,
available, that is TO say, could be sold, {.
the following extent, all beyond being
basis of credit merely
/ Minnesota end Pacific Company having
n main and branch line, might
: sell two quantities of one hun
dred and twenty sections each. in
I'll cluded within q continuous rail-
' road section of twenty miles in
I'll length, In acres ....... f53, so
: Southern Ninnesot1, as grantee of the
{ Minnesota Valley line, might sell
Y as above one quantity OF one hun
II bred and twenty sections. ..... 1913
e T,anst. as grantee Of one line, ditto
II to Southern Minnesota. Ts,s
J. A,anAapOl. and Ceiar VaL<s, grantee
q one line. bat on account Of de-