The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1896-10-21

official and we do not desire 20 CELL
sure the use of that privilege 80 long
az the parties confine themselves to
facts. But when an effort Is made to
knowingly and wilfully falsify the
facts. so rs to deceive the public. II In
dIcates that when a man changes his
politics, as Mr.. Lind did, he Is apt,
also, to lose his sense Of decency and
fairness This SANDER IL directly
chargeable to Lind. because X Is being
published by his general agents politi-
cally. who have undertaken to make
him governor.
''They state that between the date Of
the passage of the Hastings & Dakota
forfeiture nil, inlr:jdured by Senator
Young in the legislature of 1895. and
tho date of the signing of the same sby
decided away to the railroad company
all lands covered by the forfeiture, and
thus made the bill nullity
''Afr. Young, the author Of the bill,
has given us information about the
matter, with which many Of the people
Of this vicinity are already familiar,
but which other communities may not
know. The grant to the state, for the
oChCht VI tbC IiuoIthS,o " DdhOA Soiu-
pany, was made in 1896 consisting of
an original and an indemnity belt of
ten miles on each side OF the road.
The company failed to operate its line
after construction, but sold it out to
the Chicago. Milwaukee & st. Paul
company, and for that reason, in 1887,
its charter was declared forfeited by
the supreme court Within the time al
lowed by law thereafter for disposing
of its property, the company sold and
assigned all its rights .in the land
grant both as to the lnnds already
decided and those to be acquired, to
Russell sage of New York, it's vice
president.
''This assignment was claimed by
Mr.. Young ard other competent attor-
neys to he Illegal as to ail the lands in
the indemnity. grant not heretofore
legally selected by the company;
these lands comprised about 10000
acres III Swift and adjoining counties
1t was upon this theory OF the law that
Senator Young and Representative .Ja-
cobSon secured the passage through
the legislature at it's last session of a
bill FORGETTING, SO far as the state could
do SO, all the rights granted to the
oIutC III tAC OIIS5 NOuS, iCSSlOAdl att
of 1866, and directing the governor. on
behalf of the state, to execute a reln-
qushmant of all these unsettled in
demnity lands to the general govern
ment, so that they might be acquired
by settlers. But before that bill was
introduced, Hoke Smith, the Demo-
cratic secretary of the interior, had, in
the fall of 1894. certified to the state,
f/>,. II So o. y
assignee Of the Hastings a. Dakota
railroad company, Il small quantity Of
the land embraced in this indemnity
grant, being in all about 5000 acres,
leaving still uncertified Of said lands
about $4,000 acres. Under the origi-
nal United States law, when the grant
was made it was declared to be the
duty of the governor of this state,
whenever any OF said lands were so
certified to the state by the general
government to deed the same to the
railroad company. Under this law,
which the governor, when he took the
cath Of Office swore to obey, this tract
of 5000 acres should have been decided
to the company in december 1894. or
January, 1895, the signing Of such q
deed being an act of the governor over
which he exercised no discretion what
ever, but which was Il compulsory
duty imposed by law.
1.-The land. IN fact, was not nedel
promptly. as both Gov. Nelson and
Gov. Clough declared that,unless the
signing of the deed was obligatory,
they would not execute it, each declar-
ing his unmcasured sympathy with
tie settlers, and expressing the hope
that they might get tho land instead Of
the company. The fact that this 5000
acres tract was awaiting the govern.
OrS signature was well known TO the
author of the bill before the legislature
met. Finally, on April IL. 1896, after
consulting Attorney General Chiltls
and eX-Attorney General Clapp as to
his duty, and being advised that he
was officially obliged to sign the deed
of the 5000 acres Gov. Clough signed
the same, and he has also promptly
and cheerfully executed the relinquish-
ment to the general government of the
remaining 50, 600 acres, under the leg
islative bill Lind's committee now,
with Infamous malice and desire in
their hearts to besmirch an honest man
for political effect, inform the people
of the state by private circular that
in this transaction Gov. Clough stealth
lily and fraudulently decided to the rail
way company all the lands covered by
the bill, after the act passed the legis-
lature aud before he signed it.
Both Gov. Clough and Gov. Nelson
actively aided the passage of this bill,
in the hope that it would be effectual
to secure these disputed lands to the
settlers thereon. But as Lind and his
friends have tried to gain q political
advantage out Of this false charge, we
can't refrain from reminding them that
the forfeiture bill and Gov. Clough's
REIMBURSEMENT hereunder, passed and