St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-08-25
LANDS ARE FORFEITED.
IMPORTANT DECISION IN THE UNITED
STATES CIRCUIT COURT
STATE PROFITS GREATLY.

Tracts Granted to the Branch Line
From St. Anthony to Brainerd
Are Now Vested in the State
Failure to Construct the Line
Within the Stipulated Period
tn Cause
Judge Williams, of the United States
circuit court, has filed an interlocutory
decree in the case of The ST. Paul 81
Northern Pacific Railway Company
against The st. Paul, Minneapolis &
Manitoba Railway Company, George l..
Becker, Edmund Rice, j. S. Kennedy.
j. s. Barnes, james Roosevelt. Samuel
Thorne, Il. Is. Angus, The Cantral
Trust Company. of New York, as
trustee; William r. Merriam. as gov
ernor of Minnesota, and Moses E.Clapp.
as at torney geneal of Minnesota. The
cause was referred by this decree to
Oscar Is. Hills as special master in
chancery, to make inquiry and report
on the following matters: To draw the
divisional between the two lines of the
railroads mentioned: ascertain the lands
no til of such line and within the
place indemnity limits of the line
from Watab to Branerd, and
which are included in deeds executed
by the state of Minnesota, or the gov
ernor thereof, to the First Division COM
pany, or TO the st. Paul. Minneapolis Il
Manitoba Railway company The above
inquiry is based on the opinion of the
court that the state act of Feb. s, 1861,
and the agreement made by the St. Paul
" Pacific. and the act of 1866 pid not en-
title the ST. Paul Il Pacific (called the
First Division company to any lands,
place or indemnity north of that point.
but only lands south OF WataD. TIE
state had no authority to deed lands to
the First division company north of
Watab. The line to be drawn straight
through Watab and at right angles TO
the branch line from st. Anthony to
Brainerd.
Judge Williams expressed the opinion
that the grants of the act OF congress of
1897, 1850 and 1871 for the branch line
from st. Anthony north are, for the
purposes of adjustment, an entirety and
lndlvlSlhe, and were not earned by the
u.
sion prlOr TO the act of 1871.
The state act of 1877 is held to have
forfeited to the state all the odd-num-
Dered sections, including those covered
by this suit, North of the divisional
line, and within the limits of
the line from Watab TO Brainerd,
except those reserved. sold OF apprOpri-
ated by the United States prior to the
definite location of the line. 1t is held
tha' the act of 1877 granted the ST. Paul
IL Northern Pacific Railway company
all the place lands SO forfeited and such
potion of the indemnity lands so for
feited as was equal to the lands so sold.
reserved or otherwise appropriated. By
the terms of section of that act. as
amended, the state had the right to select
and sell enough of the lands. up to 1OO,-
900 acres. so forfeited to the state and
granted 10 the st. Paul d Northern Pa
clhc, 10 pay the claims therein referred
to. and the title thereto remain in the
st. Paul IL Northern Pacific Railway
company. The St. Paul q Northern
Pacific Halfway company is entitled
to indemnity for all the place and in
dcmnity lands relinQuished pursuant TO
SCCliOh ~ vi Lie ACT o. luS state OF 1871.
1t Is also entitled to all The place lands
within the limits of its line of road from
Watab to Brainerd. and which are north
OF the boundary lines of townships 1872
and II in Minnesota, and outside of the
fifteen mile limits OF the line from st.
Anthony TO Crow Wing as located in
1851, but to no other place lands within
the limits of the st. Paul Il Northern
Pacific Railway company's line Of road.
The special master in chancery is di-
rected to report as to the place and in
dtmnity lands so relinQuShed.
The st. Z. " n. p. Railway company
Is entitled to the moneys received by
the Manitoba company under any sale
OF or contracts 10 sell lands made by
that company or the First Division COM
pany, whether before or after suit was
begun, of the odd numbered sections of
land within the limits of the line of the
st. p. IL n. p. Railway company's line
from Watab to Brainerd, and north of
the divisional line. The special master
i'll chancery is directed to report what
lands are covered by such sales or con-
tracts, what money was received by the
Manitoba company. and also all facts as
TO the sales of lands or timber upon
them.