St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-12-18
LAND FOR RAILROADS
The Supreme Court Clears Up
the Duluth & Iron Range
Land Grant,
And the Duluth & Winnipeg
Is Likely to Be Left Out
in the Cold.
Careful Resume Of the Points
Bearing Upon This Fa-
nous Suit,
AS Well as a Mass Of Legal
Matter for Lawyers to
Pore Over.

A rather complicated railroad land
case was decided yesterday by the su-
preme court in a decision marked for
its research and close reasoning. Some
years ago the state granted certain of
itSswamp lands to the MinneapOliSS st.
Cloud railway, conditioned upon the
building of certain railroad line. This
grant was never earned, for the
simple reason that the road was not
built, but the state never declared
the grant forfeited. Later the Duluth
Il Iron Range was granted certain
lands covered by the former grant, and
then came the grant OF the Duluth "
Winnipeg, which was limited to the
three bounties of st. Louis, Cook and
Lake. AS there is not swamp land
enough IN these countlt to fill all these
grants, the three companies went to the
courts for directions as TO which had the
first claim. The supreme court atfirmS
the decision of the district court, and
the Duluth d Iron Range has the first
choice 20 the extent of its grant. The
syllabus. which follows, gives a very
clear resume OF the ease:
The Minneapolis d ST. cloud Railroad Com
pany, appellant. VS.. The Duluth d Winni-
peg Railroad Company, appellant, and
The Duluth & Iron Range Railroad Com
pany. interyenor, respondent. Judgment
affirmed. MITCHELL, j.
The grant of swamp lands to the in
tervenor by SPECIAL Laws IT'S. chap.
81, was a grant i'll present. upon cundi-
lions subsequent. Such grant is not
forfeited by mrre breach of the condI-
tons, but only by sUme affirmative ac-
bn ~ Of No Tt., a.
breach, declaring or asserting the for
feiture on account of the breach. Special
Laws, chap. 246. transferring this grant
to the defendant ''in case of forfeiture
by said Duluth IL Iron Range Railroad
company" was IL grant upon condition
precedent, tO-Wit: That the former
grOntee shall be Invested of the grant of
the same become reinveSted IN the state
because of a breach of its conditions.
Hence, although the intervenur de-
faulted, yet it never having been di-
vested Oh the grant by any declaration
or assei lion of forfeiture by the state,
the condition precedent to defendants
grant has never been performed or full
filled, and consequently the grant has
never taken effect. Special Laws, 1869,
chap. SO, although in the formeof an
amendment 10 Special Laws, 1865. chap.
3, is in itself complete act, making a
"hoat' grant TO the plaintiff. in aid of
It's Hinckley br ncl, OF ten sections to
the mile, without any limitations as to
the locality wnere the lands shall be
located. But the right of selection. not
being given to the plaintiff, belongs 10
the state, which may fill the grant
out OF any vi It's swamp lands. Not
withStanding the grant 10 plaintiff the
state had 4 right to grant any of its
swamp lands to any one else, provided
only that it retained enough to fill
plaintiffs grant.
The grant to the lntervenors is also
float" grant, but the right Of selection
is given to the grantee, but limited to
the three counties of st. Louis, Cook
aud Lake. The provisions in this grant
THAT no lands shall accrue to the SAID
company under this act until all grants
of swamp lands previously made shall
be fully satisfied, was not intended to
postpone the appropriation of any land
in IntervenOrS grant until all prior
grants had been actually filed by selec-
ton of specific lands to the full
amounts, but merely to provide
that IN case there were not
enough lands to fill all the grants, in
Guiding lntervenor's, the prior grantees
should have their full amounts. and in
tervenor stand the shortage. There not
counties named to ill intervenor'S
grant, and there being enough outside
these counties to fill the plaintiffs grant,
the state had no right to appropriate in
the latter lands in these counties, at
least after intervenor'S grant had, by
selection, attached specifically to such
lands.