St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-10-30

Press, piOus old girl that she IS. held up
her hands in holy horror at the utter
"unkindnsss" of Auditor Biermann in
inlerrupting the elegant time the COVER
nor was having of it out In the rural
districts disseminating gems of thought
OH the money question. apOlogizing tor
his vote on the Mills bill, and generally
straddling some of the toughest pr0po-
sitiOns that ever faced public man. So
badly did the Pioneer Press feel over
this exhibition of cruelty OH the part Of
Biermann that 1t crushed him
with this chastity thrust:
'Mr. Blermann must have a poor
cause to be compelled to resort to such
given the deed to the governor month
or two earlier. or he might, if he had
been well-disposed. delayed presenting
1t until the campaign was over, when
the governor will have ample time to
investigate it."
The governor and his organs felt safe
iu the belief that
Attorney General Chllds
would not, and could not ii he would,
render an opinion in accordance with
the conditions imposed by the governor
until long after the election. Iu SUBJ
mltting the matter to the attorney gem
eral the governor had played one Of his
long suit cards, and in this his craftiness
overreached itself, for the purpose was
so obviously to place the onus of delay
upon the attorney general that the very
conditions imposed haStened the prepar-
alton of the reply. In assigning this
duty TO his legal advisers the governor
wrote:
"Will you kindly examine all the
statutes and records of the state relat-
ing to this subject and. at your earliest
convenience, furnish ME with cOin-
plete synopsis of the same. together
with your opinion as to the amount
of land to which the company is enti-
tied: the proper method of selection !;
time within which selections must be
made; the form of conveyance to be
used, If any be required; when the
same must be executed, and general
course to be pursued"
This is probably the first time an at
torney general was ever asked, among
other duties. to make clerk Of himself
and search ''all the records" of the
state in order that governor might
secure the delay he wanted i'll dealing
with question of
Public Policy.
1t was clearly the intention of the
governor to secure all the delay possi-
BILE and, following the suggestion of the
Pioneer Press, 'Wait until the campaign
was over"
In this he might have been success
full had it not been for the unmistak-
able evidences of dissatisfaction and
distrust among the people. While the
committee and the governor besieged
the attorney general on one side, plead
ing for delay, the people. on the other
side, began to murmur their suspicious
and their discomfort. Mr.. Childs had
to act or share the burden of the blame.
He chose deliberately and, as the re.
suit will show, wisely, for he needed
the mutterings of the people. and. re-
turning from his campaigning tour, he
joined his assistant in looking up the
law and the decisions of the courts
bearing upon the subject. and prepared
his answer. Ignoring the governors
cunningly worded direction, intended
to consume time, he devoted himself to
the task of drafting an opinion which
would cover all the substantial points
which the governor had raised. This
opinion was drawn, as stated in the
GLOBE yesterday, on Satur day, and the
governor, to his utter diSmay and con-
sternation, found it upon his desk when
he arrived at his office yesterday morn
ing.
The Law in the Case.
STATE OF MINNESOTA. ATTORNEY
GENERALS OFFICE, ST. PAUL, Oct. ~,
1S94.-His EXcellency, Knute Nelson.
Governor-Sir: In your communication
of the 1st inst.you call my attention to a
deed presented to you by the state
auditor for your signature, conveying
to the Minneapolis & St. Cloud Railway
company list Of lands acquired by the
state under and p urSuant to the act of
congress of March IL, 1860, known as
the swamp land grant, and requesting
Inc to examine into the matter of such
conveyance, and to advise you in SUBJ
stance whether it is proper for the state
to make selection of lands for the said
company, the time within which such
selections should be made, the form of
conveyance to be used and when the
same
Should He Executed.
have the honor to advise you In reply
to your inquiries that the law clearly
coDfers upon the state authorities
the right of selection of swamp lands to
fill the quota of the said company.
BY chapter of the Special Laws of
Minnesota, 1865, grant of swamp
lands was made to the said company,
lying within Odd-numbered sections in
the several counties through or into
which the said road might be construct
ed, not exceeding four sections per mile
of said road. upon the terms and condi-
tions prescribed in the said act. 1t was
further provided therein that in case
of deficiencies in any of the counties
through which the road should run the
said company was authorized to select
land districts through or into which the
road should pass. lying within odd.
numbered sections.
BY chapter Sc. Special Laws 1869, said
chapter was so amended as to grant to
said company "a grant of swamp lands
belonging to or that may hereafter be-
long to the
State of Minnesota.
not otherwise granted, equal to ten full
sections for each mile of the said road !:
provided that this grant of lands shall
not prejudice or affect the rights of any
other railroad company, any asylum,
charitable institution or school to any
lands heretofore granted" 1t was fur
thermore provided therein that ''when-
ever any ten consecutive miles of the
said railroad shall be completed and
ready for rolling stock, it shall be the
duty of the governor TO execute on be-
half Of the state deed of conveyance to
the said company the full quota of lands
for the portion of said road SO COM
pleted."
In the case of Minneapolis & St.
Cloud Railway Company VS.. Duluth &
Winnipeg Railway Company, 45 Mimi,
104, the supreme court of this state had
under consideration the legislation here
inbefore referred to. Referring to the
act of 1869 in question, the court ex-
pressed itself in the following manner:
That act is grant Of ten sections to
the mile out of any