Little Falls weekly transcript. (Little Falls, Morrison Co., Minn.) 1894-19??, 1896-10-02

and power to receive all deeds Of conveyance
| therefor, which said deed was recorded IN the
| 1902" -.@o .'.. '...
In 1883 the supreme court Of this rtate, in the
1 case OF Minnesota Central Railway company Ss.
| Donaldson. 80 MIMI. 115, speaking OF the lands
| in question, say: ''Plaintlf's default has been
judiciously determined and Judgment entered for
feting its charter, but the status Of its land mas
not been affected; it still belongs to the palntH-
corporation forbidden In March, 1862, to con
tinue the business for which it was organized;
but in full life for certain powers enumerated
i Is H4""s'"p"' 4A' VI ''"p''' o. '''' ''
To the same effect It was held by the United
States circuit court advertising to the declaration
Of forfeiture by the supreme court Of this state
In the matter above cited, that 1.-THE corporation
did not exist after the decree OF the
| supreme court, but continued Is organization ana
retained its officers and directors, and Its stock
holders continued to be such with all the authority
! possessed before. True, the corporation only ex-
listed for the purpose Of settling up Its corporate
| business and settling up its concerns; but to 90
this it had full control over all its rr"perty and
could dispose Of It for the purposes indicated IN
creditors and stockholders. QIanan Vs. Sage, %
J Fed. Rep, 651.)
The commissioner of the general land Office, In
passing upon the question Of the right OF the
stockholders Of the Hastings Dakota Hallway
| company to the enjoyment Of the said grant, en-
poys in the written decision the following Ian.
| Guage: II therefore hold that the obligation OF
| the United States under this grant 10 not dis
charged because the grantee coronation under the
| statute has become dissolved The grant was to
the state; the road has been built; the lands
under the grant are certified to the state FOR the
| benefit Of her grantee, and II, as appears that
grantee company has been dissolved Its property
rights under this grant clearly belong to Its indi-
vidual stockholders, who both In law and IN
natural justice entitled to receive the benefit
Of these assets, subject to any contract, debts
and disbursements against the fund as the trust
conveyance to Sage In terms provided"
This decision was affirmed upon appeal by the
secretary Of the Interior in his decision under
In carrying out the purpose Of the congressional
grant the state serves merely as the Instrumental
1ty through which the same Is to become opera
tive. The selections of lands are with the con.
temptation Of the act Of congress, to be made by
the secretary of the interior 1t appears that
that officer has certified the lands in question to
the state "for the benefit Of Russell Sage trustee
Of the assets Of the Hastings 4 Dakota Railway
company" Such certlfcation implies prior
certificate by the governor Of this state to the
secretary Of the interior OF the completion OF
the said railroad in the manner contemplated by
law 1t has, therefore, been determined by the
federal authorities that the said trustee is now
entitled to a conveyance Of the lands evidenced
by the said deed.
You are therefore advised that there Is no rea.
son in law why you should not execute the said
deed. l am, very respectfully,
H. W. CHIIDs,
Attorney General.
Some of Gen. POpe's Dlunders.
Under these conditions, and within the law
having no other course to pursue, Gov. Clongh at
tached his signature to Hastings & Dakota Rail
with the certified list thereof still reposes peace
fully in the vault OF the state auditor. and until
the state legislature directs otherwise. state audi.
tor Dunn will not certify 1t and Gov Clough Will
not execute the deed thereof.
Now, as to Gen. Pope's circular 1t Will be
seen from the foregoing that In 1t he msquites the
title OF the bill, Senate File 375. In it he makes
mention Of the List No. having been certi-
fed by the Democratic state auditor, A. Biermann,
Nov. 8. 1894, nor Of the duty Of the governor
following such certificate. In 1t he declares that
the governor by executing Deed No. destroyed
all the beneficial effects Of the foregoing bill,
when, II Mr.. Pope had made the slightest inyesti-
CATION, he could have learned that Deed No.
embraced but $500 acres Of land, and that under
its grant the company yet claims 125. 1873 acres
And Mr. Pope goes on to say that ny executing
this deed Gov. Cough "nulllfed the will of the
people of the state, and insulted the legislature
by returning to them bill which he knew had
been made empty Of all results" when, as mat
ter Of fact, Gov. Clough and State Auditor Dunn
gave immediate effect to the express will OF the
legislature, the one by declining to certify, and
the other by refusing to execute Deed NO. III:
There is another chapter in this Hastings e
Dakota forfeiture matter which Secretary rope
does not dwell upon and that Is the subsequent
history Of the forfeiture act. Gov Clough, before
attaching his signature to the act, submitted the
BILL as IL customary with all bills, to the at-
torney general for bis opinion on the measure.
On April II, 1885, Attorney General Childs 10"
dered the following opinion:
State Of Minnesota, Attorney Generals Once.
Ct. Paul. April II. 1so5:-Tis Excellency, D. N.
Clough, Governor. Sir: Herewith I return Senate
File No. 1915. The measure is, In my Judgment,
invalid seeking in effect to deprive one OF his
property without due process of law 1t IS needless
to recite the facts well understood as those per-
tanning to the organization and dissolution OF the
Hastings & Dakota Railway company and Its
grant Of public lands. Conceding that it was
organized for the purpose of acquiring the con-
gresslonal grant. which am disposed to believe
is the fact; that 1t never operated any OF the
lines Of road constructed by it, and that 1t SOLD
and disposed Of the same rs soon US constructed, |
It does not by any follow that the state may
now lawfully exercise the power assumed by the
proposed measure. With those concessions made.
it Is not deniable that congress made grant OF
lands to the state for the construction Of rail-
ways across the territory of the state; that In
the granting act the terms and conditions were
prescribed whereby the lands might be acquired;
that the state became merely an 1nstrumentality
for conveying the lands to the roads earning the
same; that the said company constructed ROAD
presumably in compliance with law because %
certified to by the respective governors OF that
state; that the company had under the law OF
this state three years In which to dispose OF its
property subsequent to it's dissolution, In which
time 1t assumed to convey all Of its rights In and
to the said grant to Russell Sage, as trustee,
for the use and benefit Of its stockholders; that
this conveyance has been declared by the courts
q valid transfer Of those rights to the said
trustee; and furthermore. it may be noted thas
1t was distinctly held by the supreme court OF this
affected by the judgment Of dissolution, but that
they were in truth and fact subject to disposal
during the statutory period Of three years.
Whatever may be said Of the improvidence OF
congress in bestowing the grant, it is not within
the power of the legislature to provide corrective
measures Of the character indicated by TIE pro-
posed measure. Whatever lands, If any, now ex-
list available for completing the quota enuring to
the defunct company, belong In equity to the
cestui que trustent Of Russell Sage The blu
seeks to divest them Of property rights thus 40
quired, and in my judgment is therefore invalid:
Whether in view of the importance Of the ques.
ton involved and the large number Of the legis-
lature who evidently share the opposite view.
you deem 1t proper to approve the measure ana
leave conflicting interests to adjudicate their
rights in court, will, Of course be determined By
yourself. am, very respectfully,
II. W. Chi1ds,
Attorney general.
Rejects the RelinQuishment.
Notwithstanding the unfavorable opinion Of the
attorney general as to the validity OF the act,
Gov Cloaph rave effect to the intention OF the