The Sauk Centre herald. (Sauk Centre, Stearns County, Minn.) 1886-current, 1896-10-08

With Having Nullihed the VIII
of the State Legislature I'm the
Matter of the Forfeiture Of the
Hastings & Dakota Railway Land
Grant FOrfeiture-All the Facts
Show That Gov. Clough Has Done
His Whole Duty and Acted I'm the
Interest of the State. i
-.. Il
Gen. E. NJ Pope Of Mankato IL the secretary Of
the Minnesota Democratic1 state central com.
mittee Gen. Pope is' Known to the people Of
Minnesota as a gentleman of vivid Imagination.
As member Of the state legislature. an
apostle Of the Farmers Alliance he became
famous for the immense breadth Of his visionary
ideas.
Gen. Pope 40 secretary Of the Democratic state
central committee has suffered no change. men
tally. II anything, he 10 more visionary than
ever. He has dreams. His latest dream seems
70 be a species Of nightmare, which has az
6cted him to such an extent that his best friends
are alarmed on his account. -,..,
He has dreamed that Gov. Clough has committed
an act Of maladministration in state affairs, and
he thus announces it to the silver newspapers of
the STATE:
A Blundering Circular
Minnesota Democratic State Central Committee,
Globe Building, St. Paul, Mimi. Sept. o. 1885,
Dear Sir: Senate File No. 375, which became
Chapter 165 Of the Laws Of 1895, was "a bill for
an act to forfeit the rights Of the Hastings &
Dakota Railway company to select or acquire title
to any of the public lands of this state
This bill passed the senate the 25th of March,
1885, by vote of 80 to 6, recorded on page
465 of the Senate Journal
1t passed the house on the 9th of April by
vote of 30 to 1, as recorded on page TAP Of the
House Journal. On April IS, 1895, the bill was
approved. signed and deposited in the Office Of
the secretary of state by Gov. d. NJ. Clough.
In the records of the state auditors office,
"Railroad Records" Book F, page 49S, is recorded
a deed Of date April 10, 1895, executed by Gov.
d. NJ Clough, conveying to Russell Sage, trustee,
all the lands involved in and affected by the
legislative bill, which lands had been declared
forfeited by that act.
So that between the date when that legislative
act passed almost unanimously both houses Of
the legislature and the date when It was returned
by his excellency. the governor. with his approval
he had destroyed all beneficial effects Of the BILL
nnllhed the will Of the people Of the state, thus
expressed In the legislative act, and insulted the
Legislature by returning to them bdn which he
knew and they knew had, by his act, been made
empty Of all results and this righteous measure
Of the legislature was, in this manner defeated
in the interests Of the corporation which was
contesting with the state for the lands in quss-
ton. This matter 10 brought tosyour attention
- matter Of ofacial recocd. ws;claim that It IL
proper that the SnciaI actions Of this ADMINISTERS.
ton should be made public, ~ condemned, IL they
are worthy Of condemnation. II 10 brought 10 your
attention individually for your Consideration,
trusting that your judgment thereon win be e1-
0od Inv vpfo ~ khA lie tail
Very truly yours,
Il. A. Rosing, Chairman,
IL sT E. N. Pope. Secretary.
Democratic State Central COMMITTEES,
To persons not acquainted with the circuhn.
stances, the charges against Gov. C1ough would
deem very serious, II true. Happily they are not
erue. The circular 10 simply Q tissue Of misrep-
eesentation, falsehood, and Misrepresentation Of
facts.
Gov. Cloagh sought the opinion Of Attorney
General Childs on this case and Mr.. Childs gaze
IL as his opinion that there was no reason at
law for the governor refusing to execute the deed
covered by list No. 0, as it bore the certificate
Of State Auditor Biermann. Attorney General
Childs opinion here given Is very complete in
its review of the history Of the. grant:
~ Attorney Generals Office. st. Paul. April II.
1895. His Excellency, D.. NJ. Ciough. governor.
sir:--I have examined the question Of the right
lands described In proposal deed number nine
rendered In his behak for your signature.
8 The conveyance in Question is sought by virtue
yeIcrfeO
to in the body Of the proposed instrument. Briefly
stated, the facts material to the question are in
substance as follows
In 1866 congress granted to this state to aid
In the construction Of railroads including one
H'from Hastings through the counties OF DAKOTA,
Scott, Carver and Mcleod to such point Oh the
boundary Of the state. az the iegislat ure of the
state may determine, eveSy alternate section Of
land designated by odd numbers to- the, amount
Of five alternate sections per mile on each side
Of said road." Provision was made that ds1cien-
cies arising from previous settlement reservations
or other cause should be supplied from the public
lands of the United States nearest to the -tiera
of sections above specified 50 much land In alter
nate sections or parts Of sections designated by
odd numbers as shall be equal to such lands''
thus disposed Of 1t was further provided that the
said lands should ''be subject to the disposal of
the Legislature Of Minnesota for the purposes
aforesaid md no other" and that when the COVER
nor Of this state should certify to the secretary
Of the interior to the completion "in good, sub
stantial and workmanlike manner as first class
railroad" of any section Of ten consecutive miles
thereof the secretary Of the interior shall there
upon issue to the state patents therefor Of avail
able lands Lying co-terminOus to said completed
section Of ten miles and not exceeding one
hundred sections for the benefit "Of the road
having completed the ten miles aforesaid" Sue
cessive patents were to issue from time to time
on the requisite showings and certificates. (Edger-
ton Comp. 80
The Hastings. Minnesota River and Red River
of the North Railroad company was incorporated
by the legislature of the Territory of Minnesota,
III 1901, anu us name was subsequently cnaugeu
to Hastings Dakota Railway company. 1t was
authorized by its charter to construct AMI operate
a railroad from Hastings route therein pre-
scribed to point on the Missouri river The
route thus prescribed somewhat modified by
subsequent legislation. I'd, $50, 593.)
The congressional grant above named ac-
cepted by the state by act Of the Legislature
approved March 7, 1867 I'D. 500, whereby "all
the lands, interests, rights powers, and privi-
1eges' were granted to and vested in the said
named company subject to the provisions ex-
pressed In the said act of the legislature The
time for the completion of the ROAD was repeated
1y extended by acts approved March 4, 1869.
March 2, 1871, Feb "a, 1872, and March s, 1878.
BY reason of sales made by the company in
1872 1880, and 1882, 1t conveyed away all of
the railway owned, constructed or operated by 1t,
but expressly reserved and excepted from such
sale the land grant acquired by 1t as aforesaid.
Estate vs. MINI. Cent. Ry. Co., 80 Mimi, 1922
Notwithstanding such sales by the company. 1t
continued thereafter to receive conveyances from
the governor of this state Of lands embraced in
the said grant. What proportion OF the company s
road was constructed prior to such sale am not
advised, but assume from the recital in the pro-
posed deed that 1t was not wholly constructed at
that date. 1t is recited in the said deed however,
that the company fully completed. equipped and
put in operation Its line of road from Glencoe to
Ortonville prior to the first day of January, 1880.
The charter of the company forfeited De-
cenrber. 1885, by the judgment of the supreme
court of this state Estate MINI. Cent. Ry. Co.,
Supra). The proceeding wherein such judgment
was rendered was only instituted for and resulted
in the forfeiture of the corporate existence of the
company, and the decision therein REACHED de-
fermines nothing more. Notwithstanding such
Judgment of forfeiture the company enjoyed pur-
suant to the general statutes of this state, a
period Of three years for the purpose OF prosecut-
ing and defending actions by or against 1t, and
Of onahlinO gradual ly TO settle and close it's