St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-03-26
LOSES ITS RIGHTS.
Bill to Forfeit Rights Of H. &
D. Railroad Passed the q
Senate.
Mr.. MiLLER'S EXPRESS BILL
Was Lost, but a Substitute
Has Been Placed Upon
Genepal0Orders.
A HORIZONTAL REDUCTION
In Freight Rates Discussed in
the Senate by Culkln
and Others.
A HORIZONTAL REDUCTION

The senate had long discussions
uDon three important bills yesterday.
One of these related to the forfeiture
of the rights of the Hastings &
Dakota Railway company, which
passed the body. Another is Sena-
tor MiIler's bill to declare express
companies common carriers, and to
place them under supervision of the
railway and warehouse commission.
a new bill was introduced for the
original one on this subject, which
was lost, together with one bearing
on the same matter, that had been
indefinitely POSTPONED. third bill
is the one introduced by Senator
Culkin to make q horizontal cut of
% per cent in freight rates on roads
of less than sixty miles. This bill
was not disposed of, and it's discus
sion will be resumed today. The
discussion on the bills will be found
at some length below.
Senator Durham was in the chair
when S. F. 375, introduced by Sena-
tor Young, was taken up for dispo-
sition This bill provides for the
FORGETTING of the right of the Hast
ings & Dakota Railway company
to any lands heretofore granted or
reserved to aid in constructing that
road, or the rights of the old Hast
ings, Minnesota River & Red River
of the North Railway company.
Senator Young, the author of the
bill, proposed an amendment to the
effect that lands now used by the
Chicago, Milwaukee & ST. Paul road,
for right of way, track or depot pur-
poses, should not be included.
Senator Greer proposed another
amendment to the effect that lands
already selected or acquired should
not be included in the forfeiture. He
took exceptions to language used by
the senator from Swift county in
abiding to his amendment He had
not yet taken a position upon the
bill, but was seeking to gain infor-
nation. He took the view that the
bill has the effect to attempt to set
aside an act of congress, which made
a grant of the land. He asked if
there was not danger of clouding
the title to the lands which would
result in suits by settlers over the
sections and quarter sections of the
land covered. He did not desire to
push his amendment, provided he
should be satisfied that there was
no danger of affecting title to lands
acquired by settlers.
Senator Young proceeded to argue
upon the merits of the bill, and to
insist upon its passage. He alluded
TO the contest upon the same meas
ure two years ago. He had no pur-
pose to interfere with vested rights.
The grant of lands had not been
made by congress directly to the
railroad, but to the state, with power
to be granted by it to the railroads
He claimed that the railroad had not
earned the lands by building the
road within the time mentioned in
the grant made by the state. Sena-
tor Young reviewed the history of
the grants and the selections of
lands within the place and the in
demnity limits.
Abiding to the appointment of
the agent Of the Hastings & Dakota
road by Gov. Merriam to select the
lands for the road, Senator Young
said he had never been able to I'M
derstand why such appointment had
been made. He criticised the course
of the governor anl said there was
no law for such COURSE The state
had been made cat's-paw of to aid
Russell Sage, as trustee of the road.
to get control of lands. He con-
tended that the settlers upon the
land are not able to hire able attor-
neys in Washington to secure them
their rights, and he thought it time
for the state to step in and protect
her own people.
Senator Keller said this is but a re-
hearsal of the debate upon the same
matter two years ago. He did not
see why the same election buncomb
should be gone over again. The SEN
ate had defeated the measure two
years ago. Good lawyers say there
is nothing in the bill People would
shout glory if they would quit
pushing such buncomb measures.
If the same course should continue.
the Republican party would get into
as bad odoT as has the Cleveland ad-
ministratiOn. He declared that there
are too many Republicans in the leg
islature, but there are enough Dem
ocrats to lead them into the right
way if they would listen. He hoped
the legislature would consider good
measures, and leave such as this
alone.
Senator Sherry contended that the
bill in volved legal question solely.
He alluded to the fact that two com
mittees, after acting upon the bill
had failed to recommend favorable
action. He believed that the hill
was one beyond the scope of legisla-
ton, and was clearly a question for
the courts only, and should be left
there. The legislature should stick
to the province of it's power. A law
making power should be a laW-ob
serving power He observed that a
disposition for the legislature to go
beyond its powers and to usurp the
powers of the judiciary or executive
departments provokes anarchy.
Senator Morgan said that it was
better to take the state of Mime
sofa out of the situation, and not
throw any mist around the settle-
ment of the matter He did not be-
leye Russell Sage has any right to
the lands. 1t was question for the
courts. Let the state disclaim any