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 quite too brief in
which to gain the full, matrue and thorough
information contemplated by the act or
for that faithful examination Of their cases,
which IN justice, is due to the surviving
unfortunate sufferers, who have been bereft
of friends and deprived Of property.
j Iwould therefore suggest if it 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 Commissioners, in view Of the
limit of country over which they would
have to extend their. inquiries, that they
should not be restricted to q less period of
time than three months, in which to per-
form their labors 3l-. II eeu la5a1
PRE-EMPT1oNs on SCHOOL LANDS. s.a
The questions long depending between
the State and National Government rela-
tive to pre- emptions upon school lands.
have at length been determined adversely
to the position maintained by the Attorney
General. - h'@5tai @s-sst- -
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. 3pa-
The decisions of the Registers and Re
ceivers of the local land Offices are held
conclusive, aud every presumption, 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
system Of, frauds that will menace the
entire public domain. ~ ..#
In view of the vital" Importance Of the
questions involved, it seems desirable that
they should be fully investigated aud de-
termined, by the highest 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.
In this connection, and in view of the in
creasing 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 af.
forded merited relief to honest and indus
trious settlers, yet in the majority of cases
it is believed they have only afforded op
portunities for the practices Of the d.shon.
est and corrupt.
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 arc by nc
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
and tax laws. As i'll my judgement the
publication Of the opinions of the Attor.
ney General given on those topics would
contribute very greatly to such re suit, |
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 intelli gent discharge of his duties.
The report of the State Superintendent
Of Public Instruction is respectfully SUBJ
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 ofvexation, ari
sing, partly, perhaps as the Superintendent
suggests, from the frequent changes in our
school laws, and possibly also from defects
in the several systems heretofore estab-
lished.
My views upon the necessity Of thor
ough and efficient school system have been
! so often expressed, on previous occasions,
that it is unnecessary to repeat them here
And your experience in the various locali-
ties which you represent will enable you to
determine whether the course of legislation
upon this matter has been adapted to the
wants of the community, and what changes,
if any, are needed.
| You will, think, agree with me in the
conclusion that our efforts, on behalf of
public education, would have been attended
with better results if we had remembered
that the cheapest system is not always the
most economical, and that the efficiency of
any system not radically defective depends
upon its permanencc
The creation of fund for school purpo-
scs, from the sales of school lands adds a
new interest to this important subject
The enlargement of this fund, as the Super
intendent suggests, will result in time in the
establishment Of a distinct department of
public instruction. Until this shall be
done, however, it affords me pleasure to be
able to state, that this] important depart
ment is in the hands of gentleman fully
sensible of the importance Gifts duties and
Jealous for their efficient discharge.
Notwithstanding the draft upon the f.
nances of the State, occasioned by the war,
resulting in the necessity Of emitting the
usual appropriation for the Normal School
at Winona, its friends have not abated any
portion of their zeal or interest, in this en-
terprise, and look with confidence to its re-