The Irish standard., 1896-10-31

a.sI -
s
hot t hs ABE to hold them iiiTld he becu-
Har decasibns Of the court WI ich has con-
struad grants OF that character as grants
IN praesenti, and as comforting the lands
whether the road was built within the
time limited or not. As to the lands
within the indemnity limit, there never
was q, question in my mind or In the
department but what the settlers would
be able to hold them. For under the law
as it then stood, the company had no
claim to any indemnity lands until a
selection had been made by the state in
behalf OF the company of each particular
tract sought to be obtained, and the par
eel designated which was lost In the
made by the company Of some $4,000
acres of indemnity lands by simply ask
ing for them in bulk without specifying
the tracts in lieu of which they were
claimed. This selection was pending in
1892. introduced a resolution in the
house of representatives calling upon
the secretary to report the status of the
Hastings and Dakota land grant. In the
meantime, 1 had filed certified copies of
the decision and final Judgment Of our
supreme court with the secretary of the
interior. In response to my resolution,
Secretary Noble took the matter up and
passed upon all Of the questions In
volved. His decision and report to the
house Of representatives may be found
In house of representative executive doc
uments, second session, Sind congress,
No. 1873, and bound in Vol. 80. He held
first that the selection by the Hastings
&c Dakota railroad company Of the 5000
acres referred to located mostly north
Of the Minnesota river in Chippewa and
Big Stone counties was an absolute null
lily, because no tracts had been desig-
mated as lost in the granted limits and
in lieu Of which the selection was made
He also decided that by reason of the
judgment of forfeiture, no selection OF
indemnity lands could then be validly
made. !, Of course, felt very much graft
fled over the outcime, as 1t saved the
homes Of some 300 families. AS soon as
this decision became known to Russell
Sage and W. H. Kelley, of Owatonna, his
representative, the latter went to ST.
Paul and made an application to the
governor to have George E. Skinner APP
pointed as agent for the state to make
selection Of lands for Russell Sage. This
application to the governor was made
being transmitted to the local land office
at Marshall. The appointment was made
as follows:
State Of Minnesota, Executive Depart
ment, st. Paul, Oct. 26, 1s91.-To the
Register and Receiver u. S. Land Office,
Marshall. MINI:
Gentlemen: You will please take notice
that George E. Skinner, of the city of st.
Paul, and state of Minnesota, has been
this day appointed by me as agent of and
for said state for the purpose of making
selection Of lands accrued to said state by
virtue Of an act Of congress, entitled, can
act making an additional grant of lands
sections. to aid in the construction of
railroads in said state" approved July 4,
1866. Yours very truly,
(Great Seal)
WILLIAM r. MERRIAM.
Attest: Governor.
P. F. BROWN,
:, Secretary Of State.
Armed with this appointment, Mr.. Skim
ner went to the lani Office at Marshall,
with the commission, under the great seal
of the state, to select these lands for Rus
sell Sage, and am advised that within
five minutes of the arrival of the decision
at Marshall, every acre was selected.
was astonished To me it seemed
mystery that the chief executive Of cur
state should appoint an agent to select
lands for corporation that hal been dad
and buried for years by the decree of the
highest court Of the state. I Immediately
wrote to the attorney general as follows: .
Dec. %, 1891.
Hon. Moses E. Clapp. ST. Paul, Mimi
Dear Sir:-In accordance with your re-
quest made arra1 cement for the sub,
mission of your brief IN the supreme court
case referred to, as desired, and advise
you by telegraph to that effect. On calling
on the secretary of the interior this fore
noon to ascertain the status of the lands
on odd sections in cor ..roversy in Chip
pewa and other western counties, which
were recently held by the secretary Of the
interior to be subject to entry by settlers
or to selection as indemnity by the Hast
irgs & Dakota Railroad Company, if err
titled to make selections, / was astonished
to find that the governor had, on the 26th
day Of October last, appointed George p.
Skinner as an agent for the state to make
selection of those lands for the benefit of
the Hastings Il Dakota Railroad Com
pany, and to designate tracts lost AMI In
lieu of which these were claimed. Was
this appointment Of Mr.. Skinner made on
advice from your office? If So 1 should
be very glad to learn the reasons for 1t,
as have been and am Of the opinion that
the Hastings & Dakota Railroad Com
pany is dead and defunct.' If the decis-
lon of our supreme court means anything
it strikes me that is It's effect. There are
some 100000 acres Of land, nearly all
occupied by settlers, involved in this con-
and within the indemnity limits of the
Hastings & Dakota grant. The Hastings
& Dakota Railroad Company never select
Ell them in it's lifetime, and therefore &C.
CURED no claim to them while it had a
corporate existence. They will therefore
go to the settlers unless the state or its
officers can resuscitate the Hastings 4
Dakota Railroad Company by some pro-
cess to make a selection Of them. Kindly
advise me in regard to this matter at an
early date, and oblige, your obedient serv-
ant JOHN LIND.
The answer made rs shown by this
letter:
.Attorney-GeneraTs Office st. Paul Dec.
Is, 1S91.-Hon. John Lind, Washington,
D. c.: Z
Dear sir-Yo11rs of the 22d inst. at hand,
Please accept thanks for attending to case.
In regard to the appointment of Mr.. Skin SKIN;
her, personally know nothing Of it, but
upon the return Of Mr.. Childs Will ascer-
tain whether the office sanctioned it and
" Srat there is to it. I am of the same
impression that you arr that the Hastings
& Dakota fSaairOad Company is a defunct
corporation. The judgment was entered
ter UP and write your again. IT any mis-
take has been made it should be corrected.
I am, yours truly. MOSES E. CLAPP.
These letters are of little consequence
except as Introductory to the letter of the
concerning what I re-
gard as the most audacious attempt to
rob settlers of their homes ever perpetrat-
ed. On Feb. 10th. Mr.. Childs wrote me as
follows:
Attorney Generals Office, st. Paul, Feb.
10, 1892.-Hon. John Lind, Washington,
D. c.: l+a
MY Dear Ltnd-Your letter of the 9Th
inst. came to hand today. Mr.. Clapp is;