St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-06-15
VOICE OF THE PEOPLE.


VOICE OF THE PEOPLE.
St. Paul & Sioux City Railroad
Grant.
To the Editor of the Globe.
Under caption of Voice Of the People OF
June 1, is an article in the st. Paul GLOBE
in answer to an article in the Rock County
Herald from Mr.. E. F. Drake, which he
says contains false charges relating to the
st. Paul & Sioux City land grant, charging
with fraud, stealing, and corruption state
and cabinet officers, courts, legislators and
private citizens. The officers OF the st.
Paul s. Sioux City road, including such
names as the Thomsons and Burbanks, now
deceased, and such living names as Gen.
Sibley, J. W. Price, Capt. Davidson, Col.
Merriman, Capt. Blakely and other gentle
men equally responsible are charged IN the
article referred to as having been guilty OF
a great crime, etc. If MI. Drake had con-
fined himself in an endeayor to refute the
facts as stated in the GLOBE by the Herald
correspondent it would be far more con-
sistent with the merits of the case. for the
information of interested parties, than to
drag before the public the names of prOmi-
nent citizens both living and dead, with
whose private character we have nothing to
do. But instead of confirming himself to the
merits of the case he shoots off all his ammu-
milton in another direction and endeavors to
conceal himself uuder cover OF his
own smoke. Again Mr.. Drake says
elf all the things charged are true, or any
of them, the acts of bribery, corruption and
stealing should be punished. II they are
not true, what do those who make or pub
lish such charges deserve?"
If Mr.. Drake, through threats, bravado
or intimidation, could put stop to the pub
lie discussion of this question, then, per-
haps, his design would be accomplished.
But, thanks to an independent journal, his
prospects in that direction so far are not
very flattering. Again. Mr.. Drake says:
Spy the act of 1857 there was granted to
the st. Paul g. Sioux City road six sections
per mile for it's whole length of 1873 miles,
from st. Paul to the north line Of Iowa.
The entire line was completed thirteen
years since to the entire satisfaction OF the
United States, the state of Minnesota and
the people generally"
Mr.. Drake has either forgotten or ignores
the fact that every grant of land by the gov
eminent to the railroad company is for a
specific purpose and upon specific conditions,
that the road must be built within the time
named and in the direction specified in the
charter, and that under no circumstance
shall any land be taken to fill deficiency
outside the prescribed limits. 1t is we'll
known fact that those indemnity bonds
claimed by the ST. Paul & Sioux City Rail-
road company in Jackson, Mobiles and Rock
counties, are in the limits of the Southern
Minnesota railroad company's grant. And
| it is also a well-known fact that said grant
has not been forfeited by congress.
Will Mr.'Drake please rise and explain
| by what authority said grant has been can
celed and the lands within the aforesaid
| limit turned over to the st. Paul & Sioux
| City Railroad company as indemnify land,
| and taking away all right and title from the
| Southern Minnesota Railroad company,
which was contained in the original grant.
Every grant of land to railroad corpora
| ton that congress has passed has been
| simply measure authorizing and directing
the conveyance of title to the grantees upon
| their performance of certain conditions.
Until the conditions have been fulfilled the
grantees have not acquired even an equit-
able title, still less the legal title that passes
only upon the issue from the land office OF
| a patent for the land. The failure ON the
part of the grantees to perform the condi-
| tions of the grant does not operate as are
peal of the granting act. That remains ''in
force" speaking technically, until the leg
isIative authority has formally declared for
| fixture. No judicial decision has changed
this rule of common sense. Again, Mr..
Drake says: 1.-THE writer, presumably ig-
norant of the law, charges as great
wrong that the company took cor
ruptly from corrupt public officers
deficiency lands SO to $50 miles in adj
vance of built road. Of course it took the
| lands for road then built as it legally
could tosupply deficiencies. The legal mode
| of taking deficiency land is to go forward
on the line until land is found, whether so
or $50 miles. There is where some cor
ruption comes in. The St. Paul 81 Sioux
City Railroad company could not take
lands granted to the Southern Minnesota
Railroad company without a forfeiture, ex-
cept through the duplicity of state and cab
| met officers, which clearly demonstrates that
the charges preferred are well founded the
assumed flourish of injured innocence by
Mr.. Drake to the contrary notwithstand-
ing. A writer inIthe Rock county Herald has
made the assertion that those indemnity
lands in dispute have been patented by the
general government to the state and by the
state patented to the railroad company and
the railroad company decided the land to
! the Close Bros. But l venture the asser-
ton that the only patent or evidence of a
patent is a bogus certificate of the ex-secre-
tary of the interior as alluded to in the
resolution introduced by Gen. Wakefield
in congress Feb IL, 1884, and referred to
the committee on public lands.
As there are two sides to every dispute this
question should be kept before the public
| until the bottom is reached and leave those
interested to draw their own conclusions,
and perhaps by that time Mr.. Drake may
learn that thel company's title to those in
demnity lands, comparatively speaking, is
| like that of stagnant pool, the more it is
stirred the more it will smell. Very re-
| spectfully, P. 3. D.
| Luverne, MINI.
T. 1-.--x C