The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1896-10-08

ana power to receive all deeds Of conveyance
therefor, which said deed recorded in the
once OF the secretary of state on April TO- A. D.
In 1883 the supreme court of this state, in the
case OF Minnesota Central Railway company vs..
donaldson SO Mimi, 49, speaking of the lands
IN question, say: plaintiffs default has been
Judlcously determined and judgment entered for
felting its charter, but the status of its land has
not been affected it still belongs to the plaintiff
a corporation forbidden in March, 1862, to con-
tlnue the business for which it organized,
put In full life for certain powers enumerated
1857
To the same effect it was held by the United
states circuit court, advertising to the ton
OF forfeiture by the supreme court of this state
IN the matter above cited, that 1.-The corporation
did not exist after the decree of the
supreme court, but continued is organization and
retained its officers and directors and its stock
holders continued to be such with all the authority
possessed before. True, the corporation only ex-
listed for the purpose of settling up its corporate
business and settling up it's concerns; but to do
this it had full control all it's property and
could dispose of it for the purposes indicated in
the statute subject, however, to the rights OF
creditors and Stockholders (Hanan Sage, 81
Fed. Rep, 651.)
The commissioner of the general land office, In
passing upon the question of the right OF sne
stockholders of the Hastings & Dakota Railway
company to the enjoyment of the said grant en-
ploys in the written decision the following Ian
guage: Il therefore hold that the obligation Of
the United States under this grant is not dis
charged because the grantee corporation under the
statute has become dissolved. The grant was to
the state; the road has been built; the lands
under the grant certified to the state for the
benefit of her grantee, and If. as appears, that
grantee company has Geen dissolved its property
rights under this grant clearly belong its indi-
vidual stockholders who both in law and in
natural justice entitled to receive the benefit
of these assets, subject to any contract. debts
and disbursements against the fund as the trust
conveyance to Sage in terms provided
This decision afil med upon appeal by the
secretary of the interior in his decision under
date of Jan. 10, 1894
In carrying out the purpose of the congressional
grant the state merely as the Instrumental
ity through which the same is to become opera
tive. The selections of lands are, with the con-
temptation of the act of congress, to be made by
the secretary of the interior. 1t appears that
that officer has certified the lands in question to
the state for the benefit of Russell Sage, trustee
of the assets of the Hastings & Dakota Railway
company Such certfcation implies prior
certificate by the governor of this state to the
secretary of the interior of the completion OF
the said railroad in the manner contemplated by
law. 1t has, therefore, been determined by the
federal authorities that the said trustee is now
entitled to a conveyance of the lands evidenced
by the said deed
You are therefore advised that there is no rea
son in law why you should not execute the sale
deed. l am very respectfully.
H. w. CFIIIDS
ATTORNEY General.