Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1873-05-29
The Land Grant Rejected.

Al NhO IL.
the President of the Milwaukee and
st. Paul railroad company formally
notifies the Governor Of the refusal
of his company to accept the st.
Croix Land Grant:
MILWAUKEE, & ST. PAUL r. r.
GENERAL MANAGERS OFFICE,
MiLwAUKEE, May I4th, 1873.
TO His Rrcellency, C. C. WashbgR Governor Of WIS.
eoHsin:
SIR The act of the Legislature
of Wisconsin of the 18th of March,
1873, confering the so,called st.
Croix Land Grant upon this Compa-
ny, has been duly considered by the
Aoard OF Directors, at meeting re-
GENTLY held in New York, and am
directed to inform your Excellency
that they cannot accept the Grant
upon the terms proposed, for the fol-
lowing, among other reasons:
By the fourth section of an act of
Congress, approved June Ord, 1856,
entitled, "An act granting public
lands to the State of Wisconsin" DC.
which provides for the construction
of road from st. Croix river or
Lake to Lake Superior, it is provid-
ed that, "if said roads are not com-
| pleted within ten years, no further
sales shall be made and the land unn
sold shall revert TO the United
| States"
By the fifth section of another act
of Congress, approved the fifth of
May 1864, entitled, can act grant
ing lands to aid in the construction
of certain railroads in the State of
Wisconsin," it is provided "the time
fixed and limited for the completion
of said roads in the act aforesaid of
June Bird, 1856, be and the same IS
hereby extended to the period of FIVE
years from and after the passage of
this act"
These are the only acts of Con-
gross having reference to the Land
Grant, which the act Of the 18th of
March proposes to confer upon this
Company, and by the terms of the
provisions above quoted, the road
not having been completed, the
lands have reverted to the United
States.
1t is true the Circuit Court of the
United States for the State of Min
nesota. in June last, in the cases of
Hartman VS.. Schulenburg. and the
same vs.. Schow, held that the legal
title to the lands embraced in the
Land Grant) was in The State of
Wisconsin, until otherwise deter
mined, either by decree Of the Court
or 4: tct Of Congress
Thess Judgements have been APP
pealed from, and the appeals are now
pending in the Supreme CourC of the
United States at Washington.
If the j1dgm Mt of the Circuit
| Court should bo affirmed, the title of
the State would undoubtedly be per-
feet, but othervise an act of Congress
would be necessary, which might be
Difficult 20 obtain, with the feeling
now pr vaiiing against the making
of further land grants by Congress.
1t is well known that two unsuccess-
full attempts have already been
made to extend the time for the
con- plctiou Of this road, and it is
fair 10 presume that any further eff
forts would meet with the same ill
success
Until favorable Judgment is rem
acred by the Supreme Court, or an
act be passed by Congress for fur
Their extending the time for the COM
pletion of the road, so great q doubt
will rest upon the title, that the Dis
rectors deem it impossible to obtain
the necessary means to complete
the road.
In addition to the above, the Di-
rectors are informed, unofficially,
that neither tho Secretary of the
Interior, nor the Attorney General
agree with the Circuit Court, but
both hold that the title to theLands
is in the United States and not in
the State Of Wisconsin, and that
both these officers will be governed
by their view of the law, until other
wise determined by the Supreme
Court.
1t is believed that the Department
Of the Interior is only deferred from
resuming the grant out of courtesy
to tho Circuit Court, over which, at
the trial of the cases above referred
to, one of the Justices of the SUPP enc
Court presided
These views of the Secretary of
the Interior and the Attorney Gene
raj, and the fact that an appeal had
been taken in these cases, were not
known till after the adjournment of
the Legislature.
We regret that we cannot accept
the grant, for which we laborcd in
good faith, and hoped, until recent
II, that we would feel warranted in
accepting.
If hereafter, either by an act of
Congress or the determination of the
Supreme Court, the title of the State
to these lands should be confirmed,
we would be willing to accept the
grant, reasonable time being al
lowed TO complete the road.
Very Respectfully,
ALEX. MITCHELL,
Pres't M. Il st. p. R'y.
Rules for the inspection and Pur-