The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1875-01-15
81 IS AGAINST RAILROADS.


The report Of the Attorney General is
herewith submitted. The duties Of that Of.
ificer have been Of exceptional difficulty aud
importance.
In my last message attention was directed
to the failure OF the Southern Minnesota
Railroad Company to report oil of its gross
earnings tor the years 1867 and 1870 and the
consequent withholding from the State of
the tax thereon. This road has been for the
Receiver appointed by the United States
Circuit Court By my direction the Attor-
ney General intervened on behalf OF the
State in that court asking that tue amount
OF the gross earnings so unreported for these
years be ascertained and that the Receiver
be directed to pay the tax into the Treasury
Of the State. The application was success
full and the tax has been paid.
stated in my last message that the State
had claim against the Win0na Il St. Peter
Railroad Company for about e6l 1882 for
unpaid taxes which have accrued since 1866.
This claim is based upon decision OF the
Supreme Court Of this State, holding to be
Unconstitutional the act of March 4, 1866,
which, among other things, provides that,
instead of paying three per centum upon
its gross earnings, the company shall pay
only one per cent. for the first three years after
the passage Of that act, two per cent for the
next seven years, and three per cent. there
after. By resolution Of the Senate adopted
February I'd, 1874, the Attorney General was
directed to take such action rs will ensure
the collection Of these unpaid taxes at as
early day as practicable. A suit has been
brought and is at issue in the District Court
for the county OF Ramsey. It will be tried
as soon as reached upon the calendar Of
that Court
Certain transactions referred to in my last
message by which one hundred thousand
acres OF land formerly owned by the South
em Minnesota Railroad Company have be-
come subject to taxation, although the obi.
CATION has been denied and payment of the
tax evaded, have been made the subject of
amount due. The District Court rendered
judgment in favor of the State The case
WAS then transferred to the Supreme Court
where it has been argued and now awaits
decision.
The Attorney General has also c,mplied
with the joint resolution passed by the Le-
gislature of 1874, directing him to bring suit
against the First Division of the ST. Paul
and Pacific Railroad Company for the pur-
pose Of vacating its charter on account OF
certain alleged abuses and usurpations
This suit will be- argued at the present. term of
the District Court for the county Of Ramsey
STATE PRISON REAL ESTATE.
The title of the State r. the grounds occu-
pied by the State Prison has always been
considered uncertain owing to the loss of un-
recorded deeds. The Attorney General has
been able to supply these defects and reports
that the title Of the State has been made per-
fect.
Ex-AuD1ToR NITRATE.
At the Last session OF tho Legislature a
committee was appointed for the purpose OF
- A{f
the Office Of State Auditor This committee
was authorized to sit during the adjournment
and was directed t. make its final report to
the Governor. This report was filed with
the Governor September 4. 1874. and With
the testimony taken by the committee is
herewith transmitted.
The substance Of the conclusions to which
the committee arrived was that the late State
Auditor had received for timber cut on State
lands ~, 04l.13 more than he had paid Ia
the State Treasurer; that there had been
such manamego1t in other transactions:
that the State had suffered further damage
In the sum Of 81, 618.04; that certain trsns-
actions with the banking firm of P. NJ. NV.
"n & Co., Of New York, raise strong pre-
sumption that the State has an interest in
them and that the conduct of the examin-
rupt Such showing as this demanded the
Interpolation Of the Courts, and therefore
requested the Attorney General to bring suit
against the Late Auditor, and 10 otherwise
assert In the Courts all the rights of the
State which IN examination Of the report
and evidence should bring to his atten-
ton.
The Attorney General has brought suit
against the late Auditor to recover. the sum
Of ~, 64l GO. Il will be speeded to its trial.
The complexity Of the facts, and the I'M.
Portance Of the issues persuaded the At
torney General that this b q case where
the public interests demand the employ
ment of assistant counsel. He accordingly:
The Hon. VIM. Loehrsn. Ths Attoensv