The Superior times. [volume] (Superior, Wis.) 1870-1912, 1873-05-24
THE LAND GRANT REJECTED.


In our last issue reference was made to
the rumored declining OF the st. Croix land
grant on the part of the Nil. 81 Saint Paul
Co. The report is fully confirmed by the
official letter of President Mitchell to Gov.
Washburn which we give below The
entire press of Wisconsin unite in charac-
terizing the action of the Milwaukee Com
pany as unwaTantable tritling with the true
interests Of the State 1t is piece of
chiId's play, which the people will not soon
forget, and that Company can hardly ex-
pect further extension of favors from the
State Of Wisconsin:
OFFICIAL or THE COMPANY TO THE GoyEaNoR
Milwaukee and ST. Paul Railway !
General Managers Office, Milwaukee May Il, 1875
To Exceeacy WsShlurn, Wisc5n in:
Sir The act Of the Legislature of Wisconsin of the
nth Of March 1873 comforting the socaed S.; CroiX
Land Grant upon this Company has been duly cousid
cred by the Board of Directors meeting recently
held in New York and | am directed to inform your
Exeellency that they cannot accept the Grant uron
the proposed, for the following, among other
reasons:
By the fourth section of an act of Congress- approx
ed June 3rd 1856 entitled " An act granting public
lands to the State of Wisconsin, &c" which provides
for the construction Of road from the st Crox river
Or lake Lake Superior, it Is provided that, IF said
roads are not completed within wears, no further
sales shall be made, aud the land unso!d shall
to the United StaIes.p
Bv the fifth section of another act of Congress, ap
proved the 9TH Of May, 1864 entitled An act grant
ing lands aid in the construction of certain railroads
in the State of Wisconsin, ii is provided that the
time xed and limited for the completion Of said roads
in the aforesaid IF June Sd, 1856 be and the
is hereby extended the period Of FIVE years from and
after the passage OF this actn
These are the only acts Of Congress having refer
ouce the Land Grant which the Of the l7th Of
March proposes to confer upon this company and by
the terms of the provisions above quoted, the road
not having beentompeted the lands have reverted
10 the United States.
II Is true that the Circuit Court of the United States
for tine State Of NipDesot5 in June last IN the
of Hartman SchulenherC, and the Same vs. Scho",
held that the legal title t1 the lands tmbaced III the
Land Grant was in the State of Wisconsin, until 9th
erwize determined, either By deere Of lie Co"t or 6y
o1s act Of Congress-
These judgments have been appealed from, and the
appeals pending in the Supreme Court Of the
United States st Washington.
If the Judgment Of the Circuit Court should be
affirmed the title Of the State will undo ubtedy be
perfect, but otherwise of Congress would be
necessary which might be difficult 10 obtain, with the
feeling nov prevailing against the making OF further
Land grants by Congress. IL is well known that two
unsuccessful attempts have already been made to ex-
tend the for HE completion Of this road and it
il fair to prsc2 shat any further efforts would meet
with the same W success
Until favorable judgment is rendered by the Su
premc Court, act bc passed by Congress further
extending the time for he completion Of the road,
great doubt will upon the title, that the Drec-
deem it impossible obtain the necessary means
TO compete the road.
III addition to the above, the Directors are inform
ed unofciav, that neither the Secretary of the Inte-
rior nor the Attorney General agree with the Circuit
Court hu, both hold that the title thelauds IS in
the United States and in the State of Wisconsin,
and that both these officers viii be governed by their
view OF the law, until otherwise determined by the
Supreme Court.
is believed that he Department Of the Interior is
only De erred tro resuming the Grant Of courte-
Circuit Court, which at the above
referred to- Of the Justices Of the Supreme Court
presided.
phese views of the Secretary Of the Interior and the
Attorney General and the fact that appeal had
been taken in these eases known till after
the adjournment Of the Legislature.
We regret that we cannot accept the grant, for
which we labored in good faith, and hoped until
Gently, that we would feel warranted in accepting
if hereafter either by of Congress the de-
termination OF the supreme Court the title OF the
State to these lands should be confirmed would be
wiling accept the grant, reasonable time being
allowed to complete the road.
Very Respectfully Your Ob't Servant,
ALEX MHCHELL,