The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1896-10-02

mandatory on the part of the Cover
nor to sign these deeds. The deed in
question is known as No. 9. 1t was
turned over to Gov. Nelson by State
Auditor Bierman, a Democrat, pro-
perly certified to, but up to the time
Gov. Nelson resigned his office he had
done nothing with it, and left it
with other matters for Gov. Clough
to dispose of.
When the attention of Gov. Clough
was called to the deed, he was disin-
clined to execute it and his attention
was called to the opinion of the at
torney general in the case OF the
Minneapolis & ST. Cloud railway,
when Gov. Nelson objected to sign
ing the deed, and it was shown that
it became mandatory upon him. But
Gov. Clough still objected, and refer
red the matter to Attorney General
Childs for his opinion in this particu-
lar case, and under date Of April II,
1895, Mr.. Childs rendered his opinion,
showing from various decisions that
he had no alternative than to sign
the deed after it had been presented
to him approved by the state audi
tor. Mr.. Clough then signed the
same. There was at this time, and
had been since about Feb. l, 1895, in
his possession another deed, known
as No. 10, which Auditor Dunn had
refused absolutely to approve and
Gov. Clough refused to sign it until
it was so approved by the auditor.
That deed still reposes in the Cover
nor's office, but Gen. Pope in his let
ter is very careful not to refer to this,
because it would break the force and
entirely destroy the case he was try
ing to build out of nothing.
Now the legislative bill in question
was presented to Gov. Clough and be-
fore he signed it, he referred the mat
ter to Attorney General Childs, who
in an opinion of some length, held
that under the conditions of the grant
the legislation had no power to pro-
vide corrective measures of the
character indicated by the act in
question, but that in disposing of the
bill the governor must act upon his
own judgment and leave conflicting
interests to adjudicate their rights
in court. Though the opinion was
unfavorable, Gov. Clough signed the
bill and it became law on April 18th.
In compliance with the law the
Governor on May s, 1885, executed
deed of REIMBURSEMENT and forward
ed the same to the secretary of the
interior. This deed, Secretary Hoke
Smith, whose Democracy, Gen. Pope,
nor none of his committee associates
will question. declined to accept, on
the ground that the state was simply
trustee as between the United
States and the grantee, and had no
power to so act in the matter. Among
other things the secretary says:
"The question now to be considered
is whether the state of Minnesota can
defeat the grant made by congress,
to aid in the construction of the Has
tings & Dakota railroad, by an act of
it's legislature, intending to operate
as forfeiture, and by the relinquish-
ment of these lands by the governor
of the state to the United States.
Clearly, on principle and authority, 1
think not. These lands were certified
to the state in trust for the company;
the state accepting them as trustee
of an express trust; it is not denied
that the lands were earned by the
company; the department and the
courts have decided the company to
be entitled to the lands earned before
the forfeiture of it's charter and that
the trustee of the company is author
lied and is the proper person to re-
ceive them. The aforesaid relin-
Quishment of the state of Minnesota
is rejected. Very respectfully,
"-HoKE SMITH, Secretary"
And there the matter rests. This
is the substance of the whole bust
ness. Gov. Clough simply did what
he had to do, and after it was point
ed out to him that it was mandatory
upon him. If Gen. Pope and his as
sociates would study the matter
little more, they will find nothing in
it with which to make mountain of
a mole hill as they are trying.
AS to whether these lands should be
transferred to the old company or
not is another question, and one
which does not enter into this cop-
troversy.