St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-07-21
VOICE OF THE PEOPLE.
st. Paul Il Sioux City Indemnity
Lands.

/ have mailed a communication in Luverne
postOffice in reply TO Mr.. Drake of the 22d
ult., which has not appeared in the GLOBE,
presumably not having reached its deStina-
ton, | shall make another effort in that
direction to forward another on the same
subject. Mr.. Drake says ''you have an ed
itOrial note seemingly approving newspaper
discussion about land grants for the enlight-
eminent of the public. What valuable light
the public will get from so dull luminary
as your LuveTne correspondent remains TO
be seen. L see nothing i'll the last cOmmuni-
cation to answer except to expose the
writer's Ignorance of the subject he dis
cuSSeS," etc.
If Mr.. Drake is disposed to ignore his
place as a gentleman and drag in personal
tiles. in which he seems very protuse IN sup
port of bad argument, he is at liberty to
do so, and he is welcome to enjoy the bene-
fit of that luxury so far as am individually
concerned.
1t is a well-knOwn fact that those indem-
nifty bonds claimed by the st. Paul q Sioux
City Railroad company in jackson, Mobiles
and Rock counties are in the limits OF the
Southern Minnesota Railroad cOmpany's
grant and have not been forfeited by con-
greSS. viii Mr.. Drake rise and explain?
Mr.. Drake will explain. The Southern
Minnesota Railroad company of 1857, to
whom the grant was made and given by
the state, extended from st. Paul via Man.
katO to the south line of the state; also, a
grant from Hokah, opposite La Crosse, to
Rochester, Mimi. was given the same
company. In 1864, the state having before
resumed both grants and bought in both
roads, gave the road from st. Paul to the
south line of the state, and all its lands, to
the now ST. Paul IL Sioux City company.
under the name of the Minnesota Valley
Railroad company, afterward changed in
name To the st. Paul IL Sioux City Rail-
road company" What loving parent the
state. having resumed both grants and
bought in both roads (gave) bestowed the
road from ST. Paul to the south line of the
state and all its lands, TO the now st. Paul
~ Sioux City Railroad company. Verify,
the state must have had very peculiar
way of dealing with land grants in those
DAYS. Let me call Mr.. brakes attention to
the fact that the law has been Settled by
the supreme court. 10 the effect that
grant remains in force Notwithstanding the
nOn-perfOrmance of its conditions, until
forfeiture shall have been declared by law.
Such an act does not per Sc convey to the
grantees any title TO the land described,
and no court has so held. The failure on
the part of the grantees to perform the
conditions of the grant does not operate as
repeal of the granting act. That re-
mains in ''force."
Speaking technically. until the legislative
authority has formally declared forfeiture.
no judicial decision has changed this rule
of justice and common sense.
Mr.. Drake is loud in his lamentations how
the ST. Paul S Sioux City Railroad con-
pany has lost the sales of several farms
which were almost cOnsummated, the parties
assigning fears of title, as suggested by the
GLOBE articles. 1t is said that charity
covers multitude of sins. The st. Paul
GLOBE has reason TO console itself for be-
ing the medium of saving some poor vic
Tins from the meShes of designing men.
Facts never hurt anybody except it be
somebody that ought to be hurt" 1t may
be said that the discussion of this railroad
land question has retarded the settlement
and purchase of lands in those counties BE
that IS it may. there are corresponding
rights which ought to be respected. And
the parties who had the misfortune to pur-
chase those indemnity lands having ticti-
tiouS title, VIII find themselves some fine
morning somewhat in the position of the
wayfarer who was travelling from JeruSa-
lem to Jericho and fell among thieves;
his body may not be so badly bruised, but
his money and hard labor will be taken
from him ''all the same"
ST. PAUL SIOUX CITY DEEDS.
The following is a copy of deeds made
by the st. Paul Il Sioux City Railroad COM
pany to parties who purchase lands from
said company in Rock. MOBILES and Jackson
counties for the sO-called indemnity lands.
held by the above-named company in said
counties:
This indenture, made this - day, Oc-
tober, 1882, by and between the st.
Paul d Sioux City Railroad COM
pany, corporation organized and act
ing under the laws of the state of
Minnesota. parties of the first part, and
Elias +. Drake and 4. III. Wilder of st.
Paul. Minnesota, trustees named in trust
deed, executed by said party of the first
part. dated July 81, 1879, parties of the
second part, and a. b. of the county of
Rock, state of Minnesota, party of the third
part. WitneSseth that the said parties of
the first and second parts, in consideration
of the sum of s. and cents -, etc,
etc.
From the above it will be seen that the st.
Paul IL Sioux City Railroad company has
not valid title to those indemnity lands,
viz, trust deed an India rubber"
7
Paul & Sioux City Railroad company, and
that parties who purchase land from said
company have not got warrantee or any Sc
curity for loss or damage in the payment
for the land. and that the deed is a fraud
on the face of it will not admit of q doubt.
If the st. Paul IL Sioux City Railroad COM
pany had been fortunate enough to get into
the good graces of eN-Secretary Teller when
he held Office and have him commence some
three or four Sundays sooner than he has
done, and issue patents for those sO-called
indemnity lands to the abOve-named COM
pany. then in that case they would have
something to show to allure the innocent
purchaser TO settle upon the land. But on
further consideration it would be inmate
rial under the ever vigilant care of Commits
sioner Sparks of the general land office. An
india rubber patent is not more valid than
the bogus certificate given TO the state as
alluded to in a resolution introduced in con-
greSs by Gen. Wakefield, Feb. u, 1884,
and referred to the committee on public
lands, requesting the secretary of the
interior to inform the house by what au-
| thOrity the st. Paul q Sioux City Railroad
company were permitted TO acquire title
to the deficiency lands in Mobiles, Jackson
and Rock counties, Mimi, 10 make good
the lands found TO have been disposed of
by the United States at the date of the 10
cation of their lien within the twenty-mile
limit of their constructed road from st.
Paul to Nankato. 1t is alleged that under
an erroneous construction by former sec
rotary of the interior of the granting acts
there were certified to the state of Mime
sofa, in trust for the st. Paul & Sioux City
Railroad company. tracts of land aggTe-
eating many thousands of acres, which
were selected by the agents of the company
in the nrrrn tin- rnarr,nd OF di-tannc .f