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

are TWO rules OF law appllcaOIe TO Sucn
grant that have an important
case. The first is that the
right of selecting the lands to fill the
grant not being given to the grantee,
belongs to the state. 1t can, so far as
plaintiffs rights are concerned. fill
grant out of any swamp lands in the
state. The second is. that such grant
does not tie up all the swamp lands in
the state until the grant is actually
filled. Notwithstanding the grant to
plaintiff minneapolis & st. Cloud Rail-
way company. the state could still dis
pose of any of its swamp lands and give
perfect title to them, provided only than
it retained enough to fill plaintiffs
grant"
1t is therefore obvious not only that
Selections of Lands
for the said company may be made by
the state, bus that it has always been
within the power OF the state to Anake
selections and TO convey the same to the
said company as fast as earned.
Your attention is further called to the
provisions of chapter 62, General Laws
1898, an act designed to enforce an early
selection of swamp lands by railroad
companies enjoying grants from the
state. 1t may De questioned, however.
whether the provisions of the last-named
act apply to the grantee named in the
deed of conveyance with which you
! have been presented. The act applies
to railroad companies within the state
to which swamp lands have been grant,
ed by the state of Minnesota, and which
by the terms Of such grant are entitled
to make selections of swamp lands and
receive patents therefor"
Sucn cOmnanipS are rpnuirQd Tn m atyQ
selections and file lists OF the same in
the Office of the state land commissioner
within two years from March 81. 1898.
There is, of course, force to the view
that, inasmuch as selections must be
made, by the state to fill the quota of the
st. Cloud Company,
the selections should be made with
reasonable dispatch; all the more so as
the grant to such company is prior 10
the grants under which other companies
claim rights OF selection.
1tappears from the records of the office
OF the state land commissioner that the
Minneapolis & st. Cloud Railway CON-
pany is now entitled to 273, ,565.94 acres.
The deed in question conveys only 271,-
565. 81 acres, which, If executed, will
leave residue to the credit Of the said
company of 1900 acres.
able to put Oh section 2 of said chapter
ST is that it implies selection aud con-
veyance of swamp lands to the COM
Dany therein named, as fast as the
lands were earned by the said company.
You will note that it Is therein express
ly provided that it is made the duty of
the governor to execute deed of con-
veyance to the said company whenever
any ten consecutive miles of railroad
shall have been completed and ready
for the rolling stock.
In this connection it may we'll be
urged that chapter g. General Laws
1868, evinces policy on the part of the
state to close all such grants without
unreasonable delay. l am very respect
fully, H. w. CHILDs,
Attorney General.
This document completely and effect
ually set at rest the question of the
usurpation of executive prerogatives by
the auditor, and, what was worse, neces-
STATED an entire change Of programme
on the part of the governor and his
committee. OF course there was no get
ting around the signing of the deed
now, for the attorney general. not con
tent with glittering generallties, throws
in hot little suggestion to the effect
that
AOu WHl-LOtO tildL III ID tuCrtl II tx"
presSly provided that 1t is made the
duty of the governor to execute a deed
o. conveyance" etc.
AS soon as the governor had recovered
his breath he dispatched his messenger
for his political adviser. and a hasty
consultation was held. 1t was deter
mined that the only course open was
for the governor to simply sign the let
ter. and throw himself on the mercy of
the court. This he did in letter which
is in marked contrast to the commuRica-
ton which was written by the governor
Oct. %, and dated back to Oct I5.. In
the last communication to the auditor
the COVER nor was quite gay and clipper,
dealing i'll some nice sarcasms OF the
Pioneer Press variety; but when he
found that Auditor Biermann had him
on the hip he dispenses with all those
little gayeties ana wrote the following
serious document:
Governors Letter.
STATE OF MINNESOTA, EXECUTIVE
DEPARTMENT, ST. PAUL, Oct. 49, 1894.
Hon. A. Biermann, State Auditor
Dear Sir: In pursuance of the views of
the attorney general, expressed in his
letter of the 2Tth inst, in which i con-
cur. and copy of which enclose, |
return you herewith, duly execated anC
acknowledged, the deed of swamp lands
to the Minneapolis & St. Cloud Kailwas
company, which you transmitted to me
with your letter Of the 26th ult. Yours.
respectfully, -.
KNuTE NELSON, Governor.
Here ends the policy established by
officials of this state several years ago.
and pere begins course of Treatment
which. il properly followed up, will put
a final end to the gODblinp II "A f,fs. vain
able lands by favored compaifissSand it
is surely not drawing 1t to strong TO say
that when the voters sum up next Tues
dax fhQx will hear In mind tha " .,...r,