The St. Cloud journal. [volume] (St. Cloud, Minn.) 1866-1876, 1875-04-22
the time of members until it was dis.

Receiver Farley, by himself and
agents, told members that the reason
nothing had been done in 1874 was
on account ofthe DeGraff lien law
and some Of the hard conditions of
the act of 1874, and that these must
all be repealed and more favorable
bills passed before he or the bond
holders could or would do anything.
The session wore away until the
last ten days were reached, when Mr.
Delano, apparently tired Of waiting
any longer, introduced his bills in the
House Of Representatives, the first Of
which was as follows:
"A bill declaring all the lands,
property, privileges, rights and fran
chises pertaining to the uncompleted
parts of the lines of the St. Paul &
Pacific Railroad Company forfeited
to the State of Minnesota.
BE It enacted by the Legislature of the State
Of Minnesota:
"SEcT1oN l. All the lands, property,
privileges, rights and franchises Of
the St. Paul & Pacific railroad COM
pany, pertaining to the uncompleted
portions of its lines which have been
granted, conferred or bestowed by
any act of the Legislative Assembly
of the late Territory Of Minnesota,
or by any act Of any former Legisla-
ture of the State Of Minnesota, are
hereby declared forfeited to the State
of Minnesota, absolutely, and without
any further act or ceremony what
ever.
"SEc. 2. That the State of Mime.
sofa shall receive and hold the lands,
property, privileges, rights and fran
chises described in Section l Of this
act, without merger or extinguish.
| ment, to be used, granted and dispos-
ed Of by the Legislature thereof, for
the purpose of aiding in the construc.
ton Of said uncompleted parts Of said
lines Of railroad Of the St. Paul &
Pacific railroad company.
SEC. 3. This act shall take effect
and be in force from and after it's
passage"
This was considered to be rather a
loud call for the Railroad Company
and the Receiver, and at the proper
| time Mr.. Delans made an extended
speech on the subject giving a full
and complete history of these lines,
including the appointment and powers
of the Receiver and setting forth
the reasons why he believed it was to
the interest OF all concerned that thi.
forfeiture should be declared.
The bill was referred to the House
Committee on judiciary with instruc'
tons to report their opinion As to the
power of the Legislature to SO declare
a forfeiture. The committee took
the bill under consideration and in
due time reported adversely as to the
power to declare a forfeiture of rights
and franchises being with the Legis
lature, holding that this must be done
by some court Of competent jurisdic.
ton. But they reported that there
was no doubt about the right of thu
Legislature to dispose Of the lands
and grant them to whomsoever they
pleased, 50 long as the grant wal
made for and in aid of the line .:
road to which the lands appertainec
and to no other purpose. A majority
of the House agreeing with the ma
jority Of the committee this forfeiture
bill was lost. It was understood thai
Mr.. Delano did not care whether i,
passed or not, the principal object hi
had in view being to test the sense O.
the Legislature in regard to thes.
forfeiture provisions and provisos
which that body is always so concern
ed about having inserted in railroad
laws, only, when the time comes t,
make them operative, to back dow,
under the excuse that it is not in tn
power Of the Legislature to enforc
such provisos or forfeitures.
Governor Davis-and no one viii
dispute his ability as sound lawye
lin his message said: believing
as 1 do, that it has the right at thi
moment to assert it's paramount it'll
to these lands and to the franchises O
the company which has failed t.
build the road and that it has, a
the result of this right, plenary pow
er to coerce the settlement of thes,
questions, and thereby, or by othe1
means, such coercion failing, to en-
sure the completion of the grand sys
TEN of railroads inaugurated will
such wisdom SO many years ago,
earnestly urge that you take such
legislative action as will bring about
these results" The Governor haG
given this subject his careful consider
alton in all it's details, and he freely
expressed his opinion On the question
both in public and private, that the
right Of the Legislature was undoubt
ed to take this matter in hand, and
dispose of it in such manner as to in
sure the completion of the roads and
protect the settlers"
The Forfeiture bill of Mr.. Delano's
having been disposed Of, that gentle
man called up another bill which be
had introduced, which read as fol
lows:
n. F. No: 1874.
An act to facilitate the construction O.
a line of railroad between Sank Rapids
in the county of Benton, and Brainerd
in the county of Grow Wing, and tt
grant certain lands in connection there.
| with.
Be it enacted BY the Legislature Of the Stat
| Of Minnesota.
SECTION 1. That the lands hereto.
fore granted to the State of Minneso.