St. Paul daily globe., 1895-07-24

struction as comports with the signifi-
cance attaching to it in the connection
In which,i is. there used. 1t is in such
view of the question that you are to
ascertain whether the company has
built it's road in compliance with the
statute under which it claims its
grant.
This brings me to another phase of
the question.
The constitutional amendment of 1881
Cart. 8, Sec. . is proAibitive of further
alienation of swamp lands in aid of
railroads. The Duluth & Iron Range
company must look to the law of 1875
for its grant. Neither the law of 1888
or that of 1885 could operate to enlarge
its grant by single acre.
In my former communication upon
the subject | said, in substance, that
in the absence of a determination of
the question of appropriate location of
route by actual survey, 1T must be held
that the most direct route between
l am unable to longer adhere to such
a rule; although plausible, it is not
logical. The road constructed must be
declared to be, or not to be, the short
est and most feasible" one. If it full
fills the conditions of the grant in this
respect, 1t is clearly entitled to acreage
upon the basis of it's actual mileage be-
tween its termini. If it has not full
filled those conditions, it is
ENTITLED TO NOTHING.
There is no middle ground. But how
is this question to be determined? If
nicely exacting with this grantee, the
statute would have made more exacting
provisions for the determination of
the question than was actually done.
The very terms OF the statute negative
an intention that the route should be
tested by surveys conducted on the part
of the state. 1t is the company, not the
state, that "shall cause survey of the
line of said road to be made and file
a map of the same with the secretary
of state" Furthermore, it is provid-
ed that in pursuance of the filing of the
map, "all the swamp lands belonging
to the state for ten miles on each side
of the line of said road shall be with
drawn from sale for the purposes con-
templated in this act' And more
over, it became incumbent upon the
governor, when notified by the COM
pany of the completion of each and
every ten miles of the road, to appoint
commissioners to ascertain and report
whether the road had been constructed
lin good and substantial manner as
contemplated" by. law. The map of
survey was filed, the governor notified,
commissioners appointed, favorable
report made, and successive governors
have since conveyed large quantities
Of lands to the company. Had the map
filed evidenced so wide deviation from
the contemplated route as to cause a
presumption that the law had not been
compiled with, the governor would have
been justified in declining to recognize
the demands of the company St. Paul
s& Pacific Railway Company VS.. North
ern Pacific Railway Company, 139 U.
So 13. The action of preceding admin
!: istrations is demonstrative Of their
judgment in this respect
With the policy Of the state in thus
disposing of it's swamp lands admins
trative officers have nothing to do.
They may deprecate its folly in such
regard, but if the grant is valid, they
are powerless to afford remedy or
impair the rights thereby secured. The
legislature of 1875 exercised its consti-
tutional right in bestowing valuable
grant upon the Duluth & Iron Range
Railroad company. The court has adj
judged the grant a valid one. and that
it has been earned by the company.
You are therefore advised that in
view of the facts as presented to me,
it is your duty to certify the list in
question to- the governor. am, very
respectfully,
H w. CHILDS,
Attorney General.