St. Cloud Democrat. [volume] (Saint Cloud, Stearns County, Minn.) 1858-1866, 1863-01-08


be properly compensated for his services
= The space Of time allowed for the ex-
istence Of the Board was. qnite too brief in
which to gain the full, maEue and thorough
information contemplated BY the act or
for that faithful examination of their cases,
which in justice, is due to the surviving
sunfort nnate sufferers, who have been bereft
of friends and deprived Of property;
Iwould therefore suggest if II. should
be deemed advisable by the Legislature to
take any further action on this subject, and
provision should be made for the appoint
ment of G Commissioners, in view Of. the
limit of country over which they would
have to extend their inquiries, that they
should not be restricted to less period of
time than three months, in which to per-
form their labOrs. ,g.4.6s4,g =.a s..-,...
& PRE-EMPT1oNs ON SCHOOL LANDS. j. )
: The questions long depending between
the State and National. Government rela-t
tive. to? pre-emptions upon school lands.
have at length been determined adversely
to the position maintained by the Attorney
General. "'iFyt'4--'-.5,1 aerttd IL .gE9
} However the law may be which con-
trolls the case, there. can he no doubt that
to the great public interests involved in the
preservation Of the school fund, the result,
of the doctrine announced by our courts
cannot be otherwise than disastrous s-,e
: The decisions of the Registers and Re-
ceivers of the local land Offices, are held
conclusive, and every pre- emption, although
accompanied by the grossest fraud and per-
jury, is thus unassailable by the State in
the ordinary legal tribunals of the land.
This decision as observed by the .Attor
ney General, is likely to open the door to
a system of frauds that will menace the
entire public domain. IL.
In view of the vital Importance Of the
questions involved, it seems desirable that
they should be fully investigated and de-
termined, by the hi CHEST legal tribunal Of
the nation. I have therefore advised the
Attorney to take the case, by writ of error
to the Supreme Court of the United States.
An appropriation to meet the expenses at
tendant upon the conduct Of the suit in
that court will be necessary. -''a..&s. i.
In this connection, and in view Of the in
crcasing encroachments upon the school
lands from this source, earnestly recon-
mend to the Legislature the passage of a
memorial to the Congress Of the United
States, praying for the repeal of the Joint
Resolutions of March Sd, 1857, authorizing
the presumption of school lands by parties
settling thereon prior to the survey, or a
modification of the provision so as to ex-
cept the school lands within the territorial
limits of this State from the operation
thereof Although it may be true, that in
rare instances these resolutions have at-
forded merited relief to honest and indus
trious settlers, yet i'll the majority Of cases
it is believed they have only afforded OPP
portunities for the practices of the dshon-
est and corrupt. r. -..
1t is at least certain, that if it be true,
that party by the mere filing of false
affidavit OF settlement with a ministerial
officer may with impunity rob the State of
the fairest portion Of her domain, the
dangers to the public interest are by no
means compensated by the rare instances
of private relief which may, as they occur,
be with equal facility reached by the inter-
! position Of the Legislature.
PUBLIC INSTRUCTION.
1t is very desirable that there should be
greater uniformity in the several counties
and districts of the State in the decision of
questions arising out of the school, revenue
aud tax laws. As in my judgement the
publication of the opinions of the Attor-
ney General given on those topics would
contribute very greatly to such a re ;ult,
would respectfully suggest that an annual
appropriation be made for that purpose
A more general compliance with the re-
quirements of law, on the part of County
Attorneys, it is hoped will, in the future,
furnish us with the full and complete GRIM
inal statistics so essential to the Legislator
in the intelligent discharge of his duties.
The report of the State Superintendent
of Public Instruction is respectfully. sub.
mitted for your consideration.
The inability of this Department ever
since its formation, to present reliable ia.
BILE of statistics setting forth the condition
Of the Common Schools of the State, is an
annually recurring source of vexation, ari
sing, partly, perhaps as the Superintendent
suggests, from the frequent changes in oul
school laws, and possibly also from defects
lished.
| My views upon the necessity of a thor
ough and efficient school system have beer
SO often expressed, on previous occasions
that it is unnecessary TO repeat them here
And your experience in the various local.
ties which you represent will enable you tt
determine whether the course of Legislation
upon this matter has been adapted to thu
wants of the community, and what changes
if any, are needed.
4 You will, think, agree with me in til,
conclusion that our efforts, on behalf o
public education, would have been ATTENDED
with better results if We had remembered
that the cheapest system is not always tn,
most economical, aud that the efficiency O
any system not radically defective depends
upon its permanence.
The creation of fund for school purpo
SEES, from the sales of school lands adds !:
new interest to this important subject
The enlargement Of this fund, as the Super
intendent suggests, will result in time in tn
establishment of distinct department O
public instruction. Until this shall b.
done, however, it affords me pleasure to b.
able to state, that this| important depart
ment is in the hands of a gentleman full.
sensible of the importance ofits duties AM
Jealous for their efficient discharge.
! Notwithstanding the draft upon the Fl
nances Of the State, occasioned by the war
resulting in the necessity of emitting tn,
usual appropriation for the Normal Schoo
at Winona, its friends have not abated an,
portion Of their zeal or interest, in this en-
terprise, and look with confidence to its re
. organization, SO soon as the Legislalur