The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1896-10-15
Z, IT., 4, y. y y , ,,,,, i
the, ssor '' Which sssd dssd - recosdsS nW
ofEeYSoi the Sscretary Oh st.,i on April40, An

Z, \, y 4 ~. Il, "a. y. .,s,syals
ealssSi the .cretafy osst''' % AprilsO' ~
In 1875 tic supreme sours Of this state, in thu
sSse " Minnesota Csutsal Railway company w..
in t!as,ion my: plaintiffs default has be."
judlcIously determined and Judgment entered TO-
feitag Its charter but the status of it, land has
corporation forbidden in March, 1862, to. COP
{tnue ssthe business for which It was orgSSizesi,
hut n full nfes for certain powers ehumsfete'l
slnlparagraphs Wa of chapter enesa fstatutst
Il Inc same enect it wasSjheld ~ fths Unisss'
states circuit court adverttsingto
in the matter above cited, that 1.-THE corporation
-. did not exist after the decree OF the
elresme aooart, but continued e. oxgnniHtion ana
holders continued to be such with all the authority
possessed before. True, the corporation only ex'
listed TOR the purpose q settling Up its corporate
this It had full control over all its property and
could dispose OF II for the purposes Indicated In
the statute, subject, however, to the rights o.
Fed. Rep. 651.)
|' The oosnmissoner Of the. general land Office I'm
passing upon the question Of the right OF the
company to the enjoyment Of the said grant. senl-
poys in the written decision the following Ian.
guage: II therefore hold that the oblisation OF
charged because the grantee corporation under ing
statute has become dissolved. The grant was to
the state; the road has been built; t4e, lande
under the grant are certified to the stnts for thi
benefit of her grantee, and IT," as appears, thai
grantee company has been dissolved Its Propert1s
rights under this grant clearly belong to FITS infE
natural justice are entitled to receive thf batef
Of these assets. subject to any. contrad
and disbursements against the fund as }he sfqst
conveyance to Sage in terms provided" ySss
This decision was affirmed upon appeal BY the
secretary Of TIE interior in bis decision pnaet
In carrying out the purpose Of the, gresslonal
grant the state serves merely as the instrumeptat
ity through which the same Is to become opera
tive. The selections Of lands are Wta the sTn y
the secretary Of the interior It appears that
thdt officer has certified the lands in question to
the state for the benefit Of Russell sage trustee
company. ~ Such 'cettiAcaton implies a 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
You are: therefore advised that there is no rea;
son in law why you should not execute the said
deed: J en- very respectfully; oH11Ds,
a., :~u. ;v, Attorney General.
~ Some of Gen. sPope's Blunders.
Under these conditions, and! within the law
having no othe. course to pursue. GOV. cloush e.
tached his signature to Hastings 4 Dakota Rail-
WIN Ss esssas 9sss Me- ssi
fully in the vault OF the. state auditor. and until
the state legislature directs state audi
tor execute w The not de eedt
= Now, al to Gen. Pope's circular. It will be
seen from the foregoing that ia 1t he misquites tne
40 mention Of the List No. 9 having been certi'
ned by the Democratic state auditor, A: PiefMhn,
on Nov. 8, 1884, nor Of the duty Of the gpyerno.
fSe BY
all the beneficial effects of the foregoing DILL
when, If Mr.. Pope had made the slightest invest,
embraced but $500. acres Of land, and that under
its grant the company yet claims 70, 1873 acres.
And Mr.. Pope goes on TO say that by e1ecuu Ing
this deed Gov Cloush nnied tne WIN ,a,. Sa vpe
by returning to them bill which he knew had
been made empty Of all results. !" when as a mat
ter OF fact Gov oush nad state AuaiGr - t,
legislature; the !one by declining to certify, ana
the other. by. refusing to execute Deed no. ~.
Dakotd1 forfeiture matter which Secretary Pops
DOGS not dwell upon and that Is the mbsegnent
history of the forfeiture act: Gov Clongh 1e1oEe
attacne his signature to the act t me
on Xirii II. 1895, Attorney General Guilds 70
dered the following opinion: !, s,.,;
IL Holds. ,,th*; niil 1nval,,@: -" y
State or:snupesers, Attorney .esnerala omcS
Psn Ag isss s ,1n ssns ~
File mo. s75 The measure is, in my 5udsment.
invalid as seeking in effect to deprive one OF his
property without die process Of law 1t is nsedless
to recite facts 90 well 'de1stSoa az tnoss p ts
Hastfa9s' & Dakota Railway conapaay and its
:ttahs 81 public lands: oonsediak 9at II wa.
i eran MSeR T.
Ines aes Of rod hy Eli { ,sd
It does not by any means follow that the state may
rDrotosed measitre: With those Concessions made!
It is not deniable that $olefess naadeS grant o.
ways across the territory. Of the state: that N
the granting act the TERMS and conditions were
that: the state became merely an instruinentality
for conveying the lands to the rouds earning tne
same; that the said company CONSTRUCTED road
presumably in compliance with law because 80
state; that the company had under the lay %, ol
this state three years In which to dispose OF lts
property subsequent to Its dissolution In which
time it 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
a valid transfer of those rights to the said
trustee; and Furthermore, 1t may De noted tnat
It was distinctly held:by the supreme court OF this
that: wv
Affected BY the Judgment Of dissolution. hut that
they were in truth and. fact: subject to disposal
during the statutory period Of three years.
Wi ,tever may be said Of the improvidenee =, Of
cong. rs in bdstowng the grant. it is not within
the f,wer of the legislature to provide corrective
measures Of the character Indicated by tee pro-
Dosed mcrsnre. Whatever lands, if any, now ex-
ist arailu,ir tor7completing the quota enurins to
the defunct company; belong in equity to the
: cestuf que tr,,stent Of Russell Sage. The bill
seeks. to dives them. Of property rights thus ac-
quired; and in nv Judgment is therefore invalid.
|; Whittier in vie" of the Importance of the ques-
ton involved aud t,a large number Of the legis-
iat1re who evidently share the opposite view.
you 6eem itGpropet t" approve the measure and
leave conflicting int rests. to adjudicate their
rights in court, WILL OF course, be determined BY
yourself. am, very respectfully,
-: HI. w. Childs.
Attorney general.
Rejects the REIMBURSEMENT.
Notwithstanding the unfavorablc opinion Of the
attorney general as to the valid ty of the act
Gov. Clough gave effect to the i!lt"1tion of the
legislature and attached his signature to the
hill which became law on April 1S, 1929. And
in compliance with the provision of the act d.
rectinx him to execute deed of REIMBURSEMENT
IN thr Unified States Of the Hastings Il Dakota