Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-03-18
THE SETTLERS DISPUTE.


Decision of the Commission as to the Own
ership of Certain Railroad Lands In
Northern Minnesota---List Of Claims AL
lowed an Dis ,ll0wed---Review Of the
Origin of tho Controversy.
By act of Congress, approved March 3,
1857, lands were granted to the Territory of
Minnesota to aid in the construction of rail-
roads, to-wit, from Saltwater by the way of
st. Paul and st. Anthony to point between
the foot of Big Stone lake and the mouth
of Sioux Wood river, with branch via st.
Cloud and Grow Wing to the navigable
waters of the Red River of the North, at
such point as the legislature of said Terri
tory might determine. This act granted
every alternate section of land designated
by odd numbers, for six sections in width
on each side of each of the roads to be
aided. Other proposed roads were included
in this grant.
By act of Congress, approved March 3,
1865, this grant was increased to ten Sec
tions per mile for each of said roads and
branches.
By act of the legislature of Minnesota,
approved May %, 1857, these lands were
granted to the Minnesota & Pacific railroad
company on condition that it would build
the said roads and branches within certain
time. This company made default, forfeited
all its rights and the lands reverted to the
State
By act of the legislature of Minnesota,
approved March 10, 1862, the lands pertain
ing to the roads in question, were granted
to the st. Paul & Pacific railroad company
upon condition that it would construct the
said roads within certain time. This COM
pany was granted extensions of TIME both
by the legislature of Minnesota and by Con-
gress.
In 10 70 the St. Paul & Pacific Railroad
company commenced the work of construc-
ton upon the Brainerd branch and graded
most of the same between Sank Rapids and
Brainerd, a distance of 6O1 miles.
In 1878 the st. Paul & Pacific company
suspended work, and great fears were enter
tanned that it would never resume. The
bondholders of said company had COM
menced proceedings in the courts to pur-
chase the mortgages given by the company
upon the main line and branches. Pending
this state of affairs the st. Paul & Pacific
company procured an act of Congress, ap-
proved March 3rd, 1873, extending to said
company the time in which to construct its
lines of road.
In 1874 the st. Paul & Pacific company
again applied to Congress and by act of
June %, 1874, was granted an extens ion
until the Sd of March. 1876, upon the condi
ton that the rights of all actual settlers, who
in good faith had entered upon and were ac-
tually residing upon any of the said granted
| lands prior to the passage of said act should
be protected. By the terms of said extern
sion the company was required to accept the
said condition as to settlers, under the seal
of the corporation, and file such acceptance
| in the department of the interior. The
company never complied with the conditions
of the act of June %, 1874. It failed to
construct the road or to do any thing re-
quired to be done either by the acts of Con-
gress or by the State of Minnesota.
In the mean time many persons had set
tied in good faith upon the granted and in
demnity lands pertaining to the Brainerd
branch and also to the st. Vincent extension.
The grading had been done on the Brai-
nerd branch from Sank Rapids to Brainerd,
but not rail had been laid. The road had
been built from st. Cloud to Melrose and
from GAINESVILLE to Croozston, but this
latter section of road was not in condition
for use, and was not put in condition for
travel until during the year 1877.
| This was the situation when the legisla-
ture met in January, 1877. The legislature
of Minnesota by act of March 1, 1877, de-
clared the rights, franchises and privileges
of the st. Paul q Pacific railroad company to
construct the Brainard branch forfeited and
by the same act regranted the right to con-
struct the same, to any company that would
comply with the provisions of the said act
and construct the same within q certain
time.
Section 10 of said act provided as fol-
lows:
Sec. 10. The st. Paul & Pacific railroad
company, or any company or corporation
taking the benefit of this act, shall not in
any manner, directly or indirectly, acquire
or become seized of any right. title, interest
or claim or demand in or to any piece or
parcel of land lying and being within the
granted or indemnity limits of said branch
lines of road, to which legal and full title
has not been perfected in said st. Paul &
Pacific railroad company, or their successors
or assigns, upon which any person or per-
sons have in good faith settled and made or
acquired valuable Improvements thereon, on
or before the passage of this act, or upon
any of said lands upon which has been
filed any valid presumption or homestead
Sling or entry-not to exceed one hundred
and sixty Q60) acres to any actual settler !;
and the Governor of this State shall deed
and relinquish to the United States all pieces
or parcels of said land 80 settled upon by
any and all actual settlers as aforesaid, to
the end that all actual settlers may acquire
| title to the lands upon which they actually
reside from the United States as homesteads
or otherwise, and upon acceptance of the
provisions of this act by said company it
shall be deemed by the Governor of this
State as REIMBURSEMENT by said company
of all such lands 80 occupied by such actual
settlers; and in deciding to the United States
such lands, the Governor shall receive as
prima facie evidence of actual settlement on
said lands the testimony and evidence, or
copies thereof, heretofore, or which may be
hereafter taken in cases before the local
United States land Offices, and decided in
favor of such settlers.
May 2, 1877, the Western railroad COM
pany, of Minnesota, q railroad corporation
formed under the general laws of this State,
notified the governor, in writing, that it de-
sired to construct the Brainerd Branch, upon
the conditions named in said act of March 1,