Little Falls transcript. [volume] (Little Falls, Morrison County, Minn.) 1876-1894, 1893-09-01

Judge Williams has handed down
his decision in the long contested
suit between the companies above
named. which was commenced as
long ago as 1886, and involves up
wards of 100000 acres of land within
the limits Of the complainants com,
pany's line of road from Watab to
Brainerd. In 1866 and 1871 the gov
lernor of this STATE without any
authority to do SO, as the court
holds, executed to the old First Div
isiOn Of the st. Panl & Pacific rail-
road company which had the right to
build the lines from st. Paul to Wa
tab and st. Anthony to Breck-
enridge and to earn the land grant
pertaining thereto (but of theformer
line built to Sank Rapids only deeds
including the lands involved in this
suit. In 1877, because the road from
Watab to Brainerd had not been
completed by the st. Paul & Pacific
railroad company as required by
law, the state forfeited that road
and all the lands pertaining thereto
which, according to the courts view.
included all the lands in suit, and
granted them to the Western rail-
road company, of Minnesota, whose
name: was changed in 1883 to the st.
Paul & Northern Pacific railway
company.
Besides the defendant company
above named there were numerous
other defendants to the suit, namely,
trustees under certain trust deeds
made by the st. Paul & Pacific com
pany, or the First Division company,
j or the Manitoba company, and the
governor and encouragement OF
the state. In 1879 the trust deeds
made by the two former companies,
| were fOreclOsed, and the Manitoba
company claimed title to the lands
in suit under the foreclosure sales. 1t
also claimed title to them by reason
of the foreclosure in the same year Of
a trust deed made by the st. Paul &
Pacific company in 1871.
| The case was argued by Mr.. Pearce
Barnes, of New York. for the COM
plainant and by Mr.. NJ. D. Grover, of
st. Paul, for the defendants. An in
terlocutory decree was entered on
Monday last granting the relief
| e<>r ~ HI To- f,,4
and sending the cause to Oscar B.
Hills, Esq, as special master to as
certain and report certain facts to
the court in order that a final decree
might be entered. -
In connection with This decree
Judge Williams files memorandum
OF opinion, the chief points: of which
are: = *. 4. - -. .
F1RsT-The court is of the opinion
that, by the state act of-lse4 and the
agreement made by the st. Paul &
Pacific company with Litchfield, and
the state act Of 1866, and the pro-
ceedings' Hereunder, the First Divi-
sion, of the st. Paul & Pacific road
was not entitled to any lands north
of Watab and agreed that it would
take only lands south of that point
and that the governor had no right
to convey to that company any
lands north OF Watab. The divis-
ional line between the two grants is
& straight line through Watab at
right angles to the general course OF
the road from st. Anthony to Brain
erd and running on either side from
Watab for twenty miles. The spec
ial master is instructed to draw this
line as indicated land report what
Hands north of that line and in the
limits of the grant from Watab to
lBrainerd are included in any deeds
made by the governor to the First
Division company or to the Mani
toba company. >....:
SEcoND-That the grants made by
congress in 1857, 1865, and 1871 for the
lines north of st. Anthony EAST
,Minneapolis) are to be adjusted as
an entirety, and that tor place losses
on any part OF those lines resort car
be had to the indemnity limits of any
other part. But no land certified tC
the state prior.to December 13, 1871
(among which are all the lands il
suit) can be taken on account of the
construction of any part of the st
Vincent extension.
THIRD-That the state act of Marcl
l, 1877, forfeited to the state all odd
numberd lands, including those in
volved in tl.is suit, north of th'
divisional line here indicated, excep
those reserved by the United State
prior to the location of the line, an.
:, that this act granted to the com
plainant all place lands SO forfeite,
and such portion of the forfeited in
demnity lands as was equal to tn
lands reserved by the government
and that the state had the right t,
u. T.