St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-03-03
Is the Claim of the Promoters
Of the Duluth & Winni-
peg.
History Of the Case Plainly
Laid Down and Ex-
planned.
Not Inimical to st. Paul, But
Of Benefit to the
State.

ANeoSio, ooiuCtillilS Will TeSdTu LO Tie
measures now pending before the Legis-
lature concerning the swamp land grant
of the Duluth Il Winnipeg Railroad
company.
For the last seven OF eight years
have done all in my power to secure
construction of the railroad of that COM
pany: at first as a legal adviser. and
latterly, both as an adviser and con-
tributor to that enterprise. During that
time have become familiar with the
facts III that regard, as well as with all
the arguments made or susceptible of
being made for or against consummation
OF that work. l have at all times re-
garded completion of that road essential
to the development and prosperity of
all That portion of this state north
OF the Northern Pacific railroad, and
as such, something to be encouraged
and rendered possible rather than dis
couraged and prevented or retarded;
consequently the appearance every now
ana tnen III the newspapers of st. Paul
OF paragraphs characteriZing this enter
prise as steal. or one inimical to the in
terests OF this or any other city in the
state, satisfies me that all such publica-
tons are OccaSioned by parties who
want to prevent the building of that
road, and who, nevertheless, can make
no sound or commendable argument
against it on the real facts of the case.
mat public measure ought to be
adopted only when in harmony with
public, opinion is proposition not to be
denied. 1t must, therefore, be not ONLY
proper, but essential, that all such
measures be fully, frankly and honestly
discussed in the newspapers of
the state, to the end that every
body may become accurately informed
of the facts, and thereby be enabled,
not only to form correct judgment for
himself, but capable of exercising in
tuences to secure adoption of proper
measures and defeat of all others. In
view of these considerations. l desire to
lay before you and your readers the
facts bearing on the bill introduced in
the house to enforce forfeiture of the
swamp land grant made ON March 9.
1878, to aid construction of this railroad,
as well as the facts bearing on the bill
before that body, waving such forfeit
ure on terms that the road be completed
at the rate of not less than 100 miles
each year.
The facts are these: On March 70.
1860, congress granted to this state all
the swamp lands within it, and under
the act OF congress governing in such
cases any governmental subdivision,
the greater part of which, at the time of
the public survey, proves to be wet and
unit for cultivation, is ''swamp land'
within the meaning of such grant. On
March 9, 1875, the state legislature, to
aid construction of railroad from
Duluth, by the shortest and most FEAST
bic route, to the northeast corner of
township co. north of range II, in Lake
county, granted to the Duluth &Iron
Range Railway company an amount of
swamp lands equal to ten sections per
mile OF such road as should be COM
pleted, to be selected within ten miles
on each side of the road. the deficiency,
If any, to be located on any swamp
lands, not otherwise previously disposed
OF, IN the counties of st. Louis. Lake
and Cook. This grant was made upon
the following terms and conditions:
l. That no lands should enure to said
company until all swamp land grants
previously made by the state had been
satisfied or become forfeited by lapse of
time or by failure to fulfill the. condi-
ton annexed to them, or otherwise.
2. That the road be surveyed and a map
of it fled with the secretary of state
within one year from March 9, 1875. 5.
That at least twenty miles of the road
be completed within TWO years from
L
completed within five years from that
date. There were other terms and con-
ditions. utthe four mentioned comprise
all material to the matter in hand
Under the terms of this grant it be-
came and was the duty of the Duluth &
Iron Range Railway company to survey
and locate its contemplated road, and
thereupOn to file map of it with the
secretary of state on or before March 9,
1876; but when the Legislature of 1876
sat nothing had been done in that re-
gard, and application was made to that
legislature for an extension of time;
accordingly. on Feb. II, 1876, an
act was passed granting that company
three years from that date within which
to do all required of it by said act of
March 8, 1875. Notwithstanding such
extension, the conditions annexed to
said grant of March 8, 1875, remained
wholly unperformed when the session
of the legislature of 1878 began; and
under such circumstance there was
passed, by that legislature, and APP
proved on March 9, 1878, an act of which
the following is copy:
CHAPTER 246.
An Act to Transfer the Lands Granted
to the Duluth & Iron Range Railroad
Company and Other Purposes.
Be it enacted by the Legislature of
the State of Minnesota:
Section l. That the lands granted to
the Duluth & Iron Range Railroad COM
pany by an act approved March ninth
9th. One thousand eight hundred and
Seventy-five QS75l, entitled IAN act
granting certain swamp lands to aid
construction of the Duluth & Iron
Range railroad" in case Of forfeiture
by the Duluth & Iron Range Railroad
company, be. and the same are hereby
transferred and vested in the Duluth IL
Winnipeg Railroad company, corpo-
ration organized under and by virtue of
the laws of Minnesota, to aid in con-
structing their line of road as described
in their articles of incorporation; and
the said Duluth & Winnipeg Railroad
company shall be entitled to the same
number of sections of swamp land
for each mile of its road, to
be selected with reference to its
line of road in like manner and
certified upon like conditions as speci-
fed with reference to said Duluth &
Iron Range Railroad company in the
act above mentioned. with the addi-
after the passage of this act, in which
to make its surveys, and file Its maps
with the secretary of state, and to con-
struct and complete its line of road.
Section 2. This act shall take effect
and be in force from and after its pass
age.
Approved March 9, 1878.
The bill for this act was introduced
in the senate on Feb. 20, 1878, by
Senator Swanstrom, and was then read
and referred to the committee on rail-
roads. This committee, through Sena-
tor Nelson, recommended its passage,
and it was passed by a vote of 26 to 8;
among those voting for the bill were
Senators Finseth. GilfiIlan, j. B., Gil
fillan, G. D.. Goodrich, Hall. Langdon.
Nelson, Pillsbury and Rice. The bill
then went to the house and. was re-