The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-10-02

Gov. Clough made the conveyance to Rus
sell Sage of the lands recently referred to in
the newspapers. Russell Sage succeeded In
having the late Secretary Hoke Smith fre-
verse the action of Secretary. Noble The
latter held that the selection made by the
state for Russell Sage was valid and that the
lands should be certified to the state for MT.
Sages benefit, and that the Minnesota legis-
lature had nothing to do about it. In this
opinion 1t would appear that the attorney
general. Mr.. Childs now concurs. I trust
that he will not regard 1t out of place to
ask him what has transpired to change his
mind on this question. Pending this contro-
versy. Kelley. the agent for Russell Sage, has
been pursuing the poor settlers with q VEN
geance by various kinds of threats and rep
reservations. He has taken notes. chattel
mortgages and other securities from hun
dreds of them for pretended Accomplishments,
and by various devices has succeeded in
wringing from them thousands upon thou
sands CT dollars.
The selection Of the lands for the defunct
corporation by the state authorities, illegal
ana unauthorized as 1t Is conceded to have
been, armed him with weapon for levying
blood money on the settlers which he has
diligently improved.
Compared to this iniquity Gov. Coughs ac-
ton in signing the deed to forestall the action
of the legislature was insignificant. 1t only
effected a comparatively small quantity of
land, while the action of ex-Gov. Merriam
and the present attorney general may de-
prlve the settlers Of the state of lands worth
81 900. 000
To summarize we have this condition Of
"A grant OF LANDS was made to the
state for the benefit Of the Hastings & Da-
kota railroad. This grant was confirmed by
the state to the company condition that it
build the road within a given time and oper-
ate 1t. The road was not built within the
time fixed and the company, instead of oper-
! ating it when built, sold it to a foreign cor
poration, reserving the land grant
For this the supreme court declared for
fefture OF the company's charter, and an
nulled its corporate existence. If the COM
pany had complied with the law and had
! In ayfc f1 ryId hoxyo IaE ~
right to select lands in the twenty-mile lin
It's in place Of lands lost by settlement in the
ten-mlle limits.
While, under the decisions, Russell Sage may
have had some claims to the lands In the
granted limits, every lawyer will agree that
where the title to lands depended not upon
grant, but upon a selection, such selection
could not be made either for or by an entity
that had ceased to exist-a corpse.
But Gov. Merriam did it. He issued COM
mission to select S. 900 acres of land for the
benefit of a corporation that had ceased to
exist. He did this upon the advice of the
present attorney general. who says over his
unauthorized" It was condemned by the
Hon. Moses Clapp and by Senator Nelson as
illegal and unauthorized. They did what
they could to remedy the wrong But it
been made in behalf of the company by an
agent commissioned under the great seal Of
the state.
The new secretary recognized this selection.
It was claimed that the state could not say
that 1t was not valid after it had it solemnly
directed 1t. Assuming the selection to be
valid the secretary held that the legislature
could not defeat 1t by an act Of forfeiture
This question will now have to go into the
courts Many OF TIE settlers will be dead
before final adjudication. Others will buy
their peace at from $40 TO SO an acre.
Is it surprising that men who have con-
Quoted the affairs of the people in this man
ner stand together" to prevent disclosure
| of their ntsdeeds?
Are you surprised that Moses ClapD or Van
SAINT or eX-Mayor Eustis could not be norni-
| mated? The clique that has been running
| things In this state could not afford to take
| tie chances of laying bare Estate secrets" to
new or untried men.