New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1896-10-07
THAT BI d LAND STEAL.
John Lind on the Deciding Of Railroad
Lands bF Gov. Olough.
BE Traces it AL back to- Gov Vim. r
Merriam.

He Traces it AL back to Gov Wm. &.
Merriam.
The Prassnt. Governor q Tool Of Z Clique
that Runs the State.
Before :: vast audience at Red Wing
Hast Thursday evening, John Lind dis
cussed the deciding over by Gov. Clough
of large number Of acres of Hastings s.
Dakota Land to Russell Sage. This mat.
Ter was referred to in last weeks Review
and Mr.. Limo gives the details Of the
steal as follows: 5 .. -.
T After referring to an act of congress,
granting certain lands to the state, to aid
in the construction Of the Hastings s.
Dakota railroad, and the confirmation of
the grant by act Of Legislature in 1867,
providing that upon the failure of the
company to comply with the PROVISIONS
Of the act it should forfeit all lands,
rights and franchises except any land
that it may have received for any por-
ton Of the road completed under the
provisions of the act, he said: III
In 1872, the Hastings s. Dakota sold
part of Its railway to the Chicago, Mil
waukee & St. Paul and in 1880 it sold
another portion to the sane company.
In 1882 it conveyed the balance. That
ended the business Of the Hastings &
Dakota Railroad CO., but IN making the
sales the company reserved the lands
granted by the state for its own use.
| About the year 1885 Attorney Gener-
al Hahn brought action against the COM
pany to have the corporation dissolved
and its privileges forfeited. The supreme
court of the state rendered judgment in
behalf of the state and declared for
feit;re as prayed for by the attorney gen.
, eral. .~'.-.5.r.. .,.;.
| After this forfeiture had been declared,
the corporation had three years in which
to wind up its business. Russell Sage,
Levi P. Morton and several other Wall
Street spectators owned the bonds If
the company, and a conveyance of the
lands owned 10y the company was made
to Russell Sage in trust for the bond
holders during the three years. After
the expiration of the three years, final
Judgment was rendered in the supreme
courtdeclaring absolute dissolution of the
corporate existence of the Hastings &
Dakota Railroad Company, and forfeiting
all its rights, privileges and franchises.
During this time I was serving in the
house of representatives from the Second
district. A portion cf the land grant
passes through the district. Many of the
settlers knowing of the forfeiture of the
corporate existence Of the company had
settled upon the lands within the 90
mile limit Of the grant, and were seek.
ing to obtain title to the lands. The
railroad company had not earned the
grant, for the road was not built within
the time limited, and I used every en-
deavor in my power to secure these lands
for settlers. AS to the lands within the
granted limits, there was a question
whether Russell Sage might not bc able
to hold them under the peculiar decl-
sions Of the court, which has construed
grants Of that character as grants in
praesenti, and as conterring the lands
whether the road was built within the
time limited or not. AS to the lands
within the indemnity limit, there never
was a question in my mind or in the
minds >f the then officers Of the interior
department but what the settlers would
be able to hold them. For under the law
as 1t then stood. the company had no
Claim to any indemnity lands until a Sc
lection had been made by the state in be-
4 Ihalf OF the company of each particular
tract sought to be obtained, and the par
Gel designated which was lost in the
granted limits. A selection had been
made by the company Of some $4,000
acres Of indemnity lands by simply ask
ing ing for them in bulk without specifying
the tracts IN lieu Of which they were
q claimed. This selection was pending in
i 1882. introduced a resolution in the
house Of representatives calling upon the
secretary to report the status Of the Hast
intg,s and Dakota land grant. Inrespcnse