The Superior times. [volume] (Superior, Wis.) 1870-1912, 1873-01-18

ERAORS MESA GE- SUPERIOR MUST
IA VE Il RAIL WAY, AND RETAIN HER
HARBOR = Her FUTURE THEN As
.SURED.
Though not as yet able to publish the
Governors Message in full, owing to the
pressure upon our columns, we are glad to
lay before our readers those portions OF the
Message, in which the interests of Wiscon-
sin as involved in the protection of this
town, its railway and harbor, are consider
ed at length.
In noticing the status of the St Croix
and Superior grant of land, the Governor
makes the point, as our readers will observe,
that the greater portion of the original line
Of road to be aided by this grant has been
constructed aJreddy. It's unscrupulous en-
emies always overlook this fact and pretend
that nothing has been done. In the light
OF the facts the resumption of the grant is
little better than the robbery of so many
acres t1om the State of Wisconsin. No
wonder then, as the Governor says, that
the State has feltjustly aggrieyed" at this
unjust and illiberaI course of action''
The Message shows the favorable turn
that affairs have taken in respect to the
grant, by the recent decisions of the United
States Circuit and Supreme Courts, the lat
ter Of which, indeed, seems to settle the
question:" and makes it ''safe to assume
that the lands belong to the State" The
Governor risks nothing in his opinions and
recommendations on this subject, as the ac-
ton Of the Z. S. Supreme Court will form
ats oacn precedent, and override all adverse
legislation that our enemies in Congress can
secure on the subject.
The Executives hint concerning the dis
position Of the grant by tie State to res
ponsible parties, who shall give ample Sc
curity to construct at least forty miles of
road per year, shows that he is in no sym
pathy with mere spectators and land job
bcrs, but means business. The legislature
will doubtless respond by measures calcu-
lated to 6lci}d tie road at once Governor
Washburne gives no uncertain sound on the
question Of the right of Superior to have
"soon' through this grant, railway ter
\minating on her beautiful harbor. And
when he says that 'tno people in the State
have been 50 badly treated as those living
at SUPERIOR" he states truth too well and
widely known to need any special com
ment at this time.
We quote from .he message:
THE ST. cRolx LAND GRANT.
In 1856, Congress granted to the State of
Wisconsin alternate sections of land for six
miles in width upon each side of the line, to
aid III the construction Of Il railroad from
Madison or Columbus to the St. Croix river
or lake, and thence to Superior and to Bay
field. In 1864, an extension ofthe time for
five years for the completion of said road
was granted, and the limits were increased
to width of ten miles. 4 railroad has
been constructed over the entire line defin-
cd in the act of Congress, except from Lake
st. CroiX TO Lake Superior. To extend the
time for the completion Of that portion of
the line, repeated efforts have been made
before Congress, without success, and the
State has felt justly aggrieved at what is
regarded as IN unj just and illIberal course
Of action toward It,
By some ofthe best lawyers it has always
been maintained that no further legislation
on the part of Congress was necessary, as
the lands were given to the State for a par
ocular purpose, and could only be taken
from it by an act of Congress or a decree
Of a competent court or both.
The question of the ownership of the
lands came before the United States cir
cult court for the state of Minnesota, Judge
Miller Of the United States supreme court
presiding, in June last, aud the question was
then and there decided, that the title to the
lands was in the State of Wisconsin, and
under that decision two judgments were
obtained in favor of Gen. Sam1 Hartman
agent for the State of Wisconsin for an ag
gregate sum of s23, 900 The cases were
appealed TO the supreme court of the United
States, and it IS hoped that a final decision
may be reached at an early day. In the
meantime, a similar question has been de
cided by that court quite recently, inyolv-
ing the rights of the Cherokee Indians to
lands that were claimed to have been for
feited, which decision seems to settle the
question of the St. Croix and Lake Supe-
rior grant In favor of the State, and should
no decision In our case be obtained before
your adjournment, | think that it would be
safe to assume that the lands belong to the
State, and make such disposition in regard
to them as will insure the building OF the
road. 1t is true, that Congress may declare
this grant absolutely forfeited, but it is
hardly to be expected, and to settle any
uncertainty, it is hoped that Congress may
in terms extend the time for the completion
of the road. | hope that no grant will be
made to any but responsible parties, and
that they will be required to give ample Sc
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