The Superior times. [volume] (Superior, Wis.) 1870-1912, 1874-08-15
WHAT'S UE No ".
ArToRNEE GENERAL WILLIAMS OPINION ON THE
SAINT GROIN LAND GRANT

The following extra judicial opin-
ION OF the L. ). Attorney General,
telegraphed from " ashington, is
another piece OF fragrant injustice
10 the State Of Wisconsin, indeed,
to the whole Northwest; and what
is meant by it, we do not just now
understand
Washington, Aug. 7.-Attorney
General Williams decides First,
that the operation of conditions sub
sequent ~ a congressional grant of
public Lands does NOS depend upon
rules OF common law applicable to
such conditions, buJ upon the inten-
ton Of Congress as gathered from
the language employed in the grant
itself. Second, shat the grant Of
lands made by Congress to the State
at Wisconsin, by the act of Con
gress Of june 10th, 1856, to aid in
the construction of certain railroads.
III which it was provided that If
SAID roads are not completed with
IN ten years no further sales shall
be made and the lands unsold shall
revert TO the United States, is de-
tcrtnincd IL tD the lands unsogd at
the time by the failure to complete
the road as specified III the act, and
that no congressional action or ju-
dlclal proceedings are necessary.
but that such unsold lands will be
remltled to the public domain by
publication Of IN order by the Sec
retary Of the Interior restoring them
to settlement and market.
We print below the far and for
cible comments, on the uncalled for
opinion of the Attorney General, by
the st. Paul Press:
THE ATTORNEY GENERALS REMARKABLE OPINION
J esterday we published
W ashington dispatch, announcing
that Attorney General Williams has
rendered an opinion to the effect
that the St Croix & bayfield, land
grant is determined or forfeited by
the failure to complete the road as
specified in the act, and that no
Congressional action or judicial pro-
ceedngs are necessary, but that the
lands remaining unsoll can be re
mittcd to the public domain on the
order of the Secretary Of the Inte-
rior The ground of the Attorney
Generals opinion is the preliminary
opinion that ''the operation OF con
dltions subsequent in Il Congres-
sional grant Of public lands, does
not depend upon the rules of
common law applicable to such con-
ditions, but upon the intention of
Congress gathered from the language
employed in the grant itself"
BY its own strength the Attorney
Gems decision will scarcely stand
alone. According to the terms of
the grant, a certain specific thing is
10 be done before the JitIeto theIaud
can be fully acquired. There was
at the time Of the grant, some show
OF compliance with its conditions,
considerable costly grading hay-
ing been performed toward the
construction Of the Bayfield, road.
Suppose the state Of Wisconsin
should claim, as it might do for the
purpose Of avoiding a forfeiture, or
to obtain a Judicial adjudication ofirs
rights that the Congressional condi-
tons had been fulfilled: whattribunal
but court ofcompetent Jurisdiction
or Congress after full investigation,
is to decide the dispute between
the State and the land department of
the government? When, and by
what power, except the 0ictltD1 of
the Attorney General, was the See
retaIy Of the Interior clothed with /.
authority to decide, finally and /.
forever, disputes of this kind :? Tn
der the same ruling j completed |
land grant road might be deprived +
Of its endowment upon the assump- /
ton Of the Secretary that its acts
were insufficient to meet the re-
quirements of the Legislature.
Grave issues of fact, involving inn
portant interests and rights, are not
left to be decided by the one man
power, under a government which
has provided legal machinery for
just such purposes.
But fortunately there is much
higher authority than the Attorney
General for believing that his opin
ion is bad law, based upon unsound
premises The Circuit Court OF the
United Safes, through Mr.. Justice
Miller, (Judge Dillon coinciding)
has recently passed upon this very
l.. Ayxv