Little Falls transcript. [volume] (Little Falls, Morrison County, Minn.) 1876-1894, 1880-07-23


LITTLE F 4 rs, NJ 0 ORRIs
II These lines comprised the then uncomplet@ed @
zlines Of road from Brainerd to- Wstah and
Z from ST. Cloud via Crookston to st. Vincent,
in aid of each of which congress had made q
. grant Of lands to the State. By the first Sec
ton of this act oil the franchises and grants of
land appertaining % the former Of these two
lines Of road were declared forfeited to the
State, and it was one Of the. purposes ot the
act to regrant the. same to whatever company
might undertake the construction of the road,
under and in pursuance Of its provisions wi t, The s
appellant company avaiied itself ofIthe priYi-
leges Of the act, and has completed the road
from fWatabt to- Brainerd, and the question
now for tconsiderations;conoern the rights of
the company in respect to the 100000 acres Of
land which are in, terms reserved to the State
out Of the congressional grant applicable to
thar road by section nine Of that act. The
company in accepting the provisions o. the act
and the privileges and grants it conferred,
took them expressly ssubject to the excep-
tions, limitations, terms and conditions there-
in mentioned" .(section ~ Whether in dis
posing of the congressional land grant appli77
cable to this line of&road anew, the State, as
against the United States had any authority
to prescribe these exceptions, limitations,
terms and conditions" or whether they were
at variance with the purposes and terms Of the
grant from congress, are questions that need
not be considered, as the appellant company
is not in position to raise any question Of
that character. No one but the United States
can complain that the conditions subsequent
ly annexed to the grant of the State have not
been complied with, or have been violated:
Baker VS.. Ger. l Wall 333. As against the
appellant the State in turning over the grant
to it could rightfulIy impose whatever bur
dens or conditions, or make any reservation
it saw fit, and for any purpose satisfactory to
the legislature. Section nine of the act enacts
as follows: "One- half Of all the land up to
| 100000 acres in quantity, which shall be first
acquired on account of the construction of the
present uncompleted line Of railroad from Wa
tab to Brainerd or any part thereof, and one;
half of all the lands up to 100000 acres,
which shall be first acquired on account Of the
construction of the present uncompleted line.
of railroad from Crookston to st. Vincent or;
any part thereof by virtue of any grant Of
lands which has been or which hereafter shall
be made to and in the construction of said line
| Of railroad shall be reserved and retained by
| the State, to be used by it for the p ayment of
the claims incurred for work and material
furnished in the construction of sal lines Of
| railroad, statements of which claims were
filed in the State auditors office in pursuance
of an act of the legislature approved March
81, 1874, etc. eff any of the lands so re-
served, shall remain undisposed ofby the State
after the payment of the claims of the said
claimant, such residue shall be conveyed by
the governor to the company which shall have
completed the portions of railroad to which
| the lands comprising said residue shall apper-
| tain. The land so reserved shall be applied
to the purpose for which such reservation is
made, in manner following: The governor.
attorney gen eral and railroad commissioner,
or any two of them, shall, as soon as conven-
lent after the passage cf this act, examine into
the claims, statements of which have been filed
in the State auditors Office, and ascertain and
adjust the amount remaining owing and un-
paid to the parties respectively having filed
such claims for work or materials furnished
in the construction of said extension lines of
railroad, and they shall file in the State audi.
| tors office a completed statement of the
amounts SO ascertained by them to be owing
and unpaid upon said claims to the said par
so owing to said claimants, the said officers
shall be empowered to examine witnesses un-
der oath, and the concurrence Of any two of
said officers shall be sufficient for the deter
minaton of the amount remaining owing on
any such claim. If it shall be made to ap-
pear to said officers that the road or materials
! embraced in any such claim were furnished by
the claimant under contract with any; other of
| odtu GUM 1dCI oAhlt Oo ScI 1OTLA III
such statement. Moreover, after the amounts
remaining unpaid upon shid claims shall have
been ascertained, and any Of the lands re-
served as herein provided shall have been
patented or otherwise conveyed by the United
States to this State, such lands, Or SO much
thereof as shall be necessary, shall be sold by
the governor at public auction, and the net
proceeds of all such. sales be forthwith dis
tributed ratably by the governor among said
claimants, in proportion to amounts found to
remain due and owing upon the respective
claims such notice of the time and place of
sale being first given as the governor shall
consider best calculated to inform the public
thereof, which sales shalt take place from time
to time, as portions Of the lands reserved as
herein providedshal be patented or otherwise
conveyed by the United States to the State,
until the net proceeds of such sale shall have
become sufficient to pay said claims in full,
or until all Of such lands shall have been
sold.", The section; a lso provides for a con-
veyance by the governor to the purchaser of
Cne IauuS tHaC may De sofa. 80 t''' E+t'-'t+'I
It also directs how the reserved lands shall
be selected by, the governor, and tha: the
s'selection shall be made from time to time as
the lands are acquired by the United States,
until 100000 acres in oil shall have been so
selected and set apart "~>'1ss'@A1 - ,''"T
The evident purpose Of this section was to
retain in the State the title and control Of the
lands thereby reserved to be disposed Of in the
manner and for tho purposes sthereinsstated,
until the objects of the reservation should. be
fully accomplished, and that then, and not
before, the company building and completing
either Of said lines Of road should be entitled
to receive from the government u conveyance
of that portion Of the ssresidue'' thereof per
taiaing to the line Of road thus completed
i; which should remain undisposed Of by the
State at that time.s4 ze5>s Aess 3 Ea .,sl5Ataas
Z iaS The specific claims intended to be benefited
by the provisions Of the act are identified a
those which were filed with the State Auditor,
under the act Of February q, 1877, and thei,
nature and character are shown, not only by
that act, in which it is stated by whom and on
what account they were incurred, but by that
oyouea nf %ha} section i1ut1er consideration