Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1886-10-27
THOSE CHARGES
THEY ARE SATISFACTORILY RE.
FUTED BY GENERAL ROBERTS.

The People Of Nebraska Twice Re.
elected Him Attorney General After
All the Facts We're Known and
Thoroughly Discussed Throughout the
State.
To THE EDITOR OF THE TIMES -.
LII answer to the charges formulated
against me in Mr.. Ruick's smut-mill
OF the 23d, have this to saw: That
both of these questions have been set.
tied In the forum of public opinion in
Nebraska, and resulted in nv nomi.
nation and reelection for TWO con-
secutlve terms after the happening of
one OF the transactions alluded to.
VIZ: the matter affecting the Midland
Pacific Railroad Company.
The facts are these: In the wear
1869, the Legislature passed an act
donating 100000 acres of Internal
Improvement land-given to the State
upon its admission into the Union
to the various railroads which should
comply with the provisions of that
act, which provided, amongst other
matters, that each and every railroad
within the State of Nebraska which
should build ten consecutive miles of
road, with all necessary gradings,
drains, culverts, vladucts, crossings,
turn outs and rails, complete in every
detail and ready for the rolling stock,
should be entitled to receive 10000
acres of land for each and every ten
consecutive miles thus built. | quote
the section:
"That whenever any railroad COM
pany shall have built and completed
ten consecutive miles of its road in
the manner required by this act, and
shall have become entitled to receive
10000 acres of land, it SHALL be the
duty of the Governor, Secretary OF
State and Auditor to forthwith select
or cause to be selected and set apart
the said land and to cause letters pat.
ent to be issued to such railroad com
pany for the lands so selected and sci
apart"
The 100000 acres of ground were
nearly exhausted; there remained but
$4,000 acres or thereabouts to be ap
proprlated under the act. There was
fierce rivalry between the Atchisor
aud Nebraska Railroad Company (a
Kansas corporation) and the Midland
Pacific Railroad Company ia home
corporation) to obtain it. In thi,
condition Of affairs, Henry NJ. Atkin
son, afterward Commissioner of Pen
sions under Grant, and Geo. Lest, late
Democratic candidate for Governor o
Nebraska, asked me to help them OBJ
tain the land, and keep watch of the
movements of the Atchison people
He said, 81 will see that you are paiC
for your services" | consented
LIST, because they were home com
pany; Cd, because they were, in m,
Judgment, entitled to the land 3rd
because it in no manner affected tn
interest of the State.
| In suit between the Atchison 1
Nebraska Co. and the Midland Pacif
Co., to test the right Of the latter com
pany to receive the land, it wa
affirmed by the full bench of the Su
preme Court. So my view of the lay
was sustained; and my right to accep
the $500 paid me by Mr.. Atkinson
has been passed upon by the peopl
of Nebraska in my two successiv
elections to that Office after the fact
in the case became public property
l would do the same again under pre-
cisely similar circumstances.
In regard to the matter of Stou
against the State.-Up to the yea
1875 the State could not be suet
The Legislature of that year mad
provision for that purpose, and ii
only object was to have the testimon
, in the case taken before a competer
!, legal tribunal, and the questions {
law passed upon in the same wa,
Let me quote the section of the az
. referred to:
"The court in which such actio
may be brought shall hear and dete
mine the matter upon the testimon
according to justice and right,
I upon the amicable settlement of COZ
: troversy, and shall render judgmeI
:, and award against the claimants
the State, as upon the testimony rig!
i, and Justice may require"
The public will notice the repeti,t,lo
of the words "right and proper"
e upon the ''amicable settlement OF
:. controversy" was the Attorn'
If General of the State when that a
! was passed. I was Frequently in Co
- sultation with the Judiciary Comm
a tees of both Houses, and know that
was their intention to open wide Il
doors to the adjudication of all ~
claims against the State, not acoorail
to technicalities, but according
!. sright and justice"
c.s Lrourht hiS action araln