The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-09-23

Democrats have discovered-or think
they have-that Gov. Clough has been
guilty of sharp practice to the detri-
ment and loss of the state and they
propose to make use of the facts that
have been brought to their attention.
On the other hand, the governor has the
utmost Indifference as to the action of
the Democrats and is backed up by
legal opinion that is weighty enough
to satisfy even a politician.
The governor, 1t Is alleged, signed a
deed conveying to Russell Sage, of New
York city, certain lands originally
granted to the Hastings & Dakota
railway. which lands, it is declared by
tEoSe interested, had reverted to the
state. To make certain that these lands
did not reach the hands Of Sage the
last legislature passed a law forbidding.
the governor to deed the lands to Sage
But before, or about the time the bill
reached the governor, he decided the
lands to Sage, and later signed the
ieglsiauve measure and returned it to
that body as law. But as the land
was gone from the control of the state
the measure was mere incumbrancG
on the statute book.
Ihe governor took this action after
consulting the attorney general. The
secretary of the interior and the state
authorities agreed as to the illegalitv
or the legislative measure. and the
governor disposed of the lands. beliey-
ing tnat ne was justified in SO doing
ana that the law forbidding him to do
so was not a proper one.
Following is a synopsis of tba ola
sations made by the Democrats, which
nave been prepared in letter form and
are being sent out to voters TO in
nuence the result Of the election This
fall:
ny al an act OF the territorial legislature of
2 eg; ~ 1904, the Hastings, Minnesota River
q Red River of the North RaIIwav CO.. 80 aoe %
onaiterward called the Hastings q Dalotss
6anWay ns company-was created in this state
ny an act of March g. 1866 tha cor,na,
was authorized to construct raiIUay II, thty
state within certain defined limits. and rnn9
ning in certain directions uN-
conor NC aaa IN the construction of this railway.
IonsI esq passed an act on July 4 1856 grant
ing TO the railroad company ten sectione ~
iand per mile. BY act OF March 1897 tba
fba ssd u Minnesota conferred this grant upon
tS toez eaiu rdiiToad company But this act of
ioei also provided that upon the comnanv's
!a1lure TO comply with any of its nrovisio11s
~ n,,,sn snoun forfeit all lands, rights and fran
chlses acquired by virtue Of the act @arcant an.
any land that 1t may have received for anv
portion OF said road completed by 1t as re-.
CURED by the provisions Of this act''
ABOUT July l, 1872. the Hastings & Dakota
Railway company sold part Of its raiIrsa1
TO the Milwaukee & st. Paul RaiJwav com,
pany' and about Jan. l. $780, it sold another
part TO the same company; and on Dec o
1882 1t sold to the same COMPANY what 20 o.
mained of its railway. These sales com
prised al the railway of the Hastings q Da-
tbe noeA cn nalrway company; and since those sales
operated any railway In Minnesota or eIsel "a
wnere, or carried on any railroad business.
In those sales, however, the railway cora
pany reserved to itself the land granted ~ -
by the government.
In 1885, William J. Hahn-the then attorra,,
general OF the state-brought a quo war
ranto action against the Hastings & neLota
Railway company to have the cornorat,on AZ &c
solved, and all its corporate rights. mowers
privileges and immunities. granted to It by
the state, declared forfeited upon the ground
OF non-user of it's franchises and a sIisnan
sion OF its business as a railroad connanv.
and because the railroad company had sold
all it's railway, and for four wears N had
neither owned nor operated any railroad in
this state. O0o IL
In its decision of this case. the sunreme
court declared the forfeiture as prayed for
In the complaint, and said among other
things: These railroad corporations were
created ny the state to maintain, have use
and operate railroads. This was their law
Iva DuslHeSS, anu the enQ and object for
which they were created, and the considera-
t1on and condition upon which they were
given their franchises and special privileges
and endowed with land grants And again:
The failure to discharge their duties to the
public, ard the non-user or suspension Of
their principal business as railroad compan-
les, are sufficient ground for an absolute
forfeiture Of their corporate rights"
Notwithstanding this decision of the sr-
preIne court Russell Sage, many years after
wards: claiming to be the trustee of the
extinct corporation, asserted a right to ac-
qure certain Of the lands In this state COW
cred by the immediate grant above spoken
OF, under selection made since the railway
corporation had entirely ceased to exiaf.
and Sage demanded Of the United States land