The Sauk Centre herald. (Sauk Centre, Stearns County, Minn.) 1886-current, 1896-10-15

"
Young In the legislature of 1895, and
the date of the signing Of the same by
the governor, that he fraudulently
decided away to the railroad company
all lands covered by the forfeiture, and
thus made the bill a nullity.
"Mr. Young, the author of the BILL
has given us information about the
matter, with which many of the people
of this vicinity are already familiar,
but which other communities may not
know The grant to the state, for the
benefit of the Hastings & Dakota COM
pany, was made in 1866, consisting OF
an original and an indemnity belt or
ten miles on each side Of the road.
The company failed to operate its line
after construction, but sold 1t out to
the Chicago, Milwaukee q st. Paul
company, and for that reason, In 1887,
its charter was declared forfeited by
the supreme court. Within the time al
lowed by law thereafter for disposing
Of its property, the company sold and
assigned all its rights in the land
grant, both as to the lands already
decided and those to be acquired, to
Russell Sage Of New York, its vice
president.
'sThis assignment was claimed by
Mr.. Young and other competent attor-
neys to be illegal as to all the lands in
the indemnity grant not heretofore
legally selected by the company;
these lands comprised about 10000
acres in Swift and adjoining counties.
1t was upon this theory of the law that
Senator Young and Representative ia
cobson secured the passage through
the legislature at its last session of a
bill FORGETTING, so far as the state could
do so, all the rights granted to the
state In the original congressional act
of 1866, and directing the governor, on
behalf of the state, to execute relin-
quishment of all these unsettled in
demnity lands to the general govern
ment, so that they might be acquired
by settlers. But before that bill was
introduced, Hoke Smith, the Demo-
cratic secretary of the interior, had, in
the fall of 1894, certified to the state,
for the benefit of Russell Sage as such
assignee of the Hastings 81 Dakota
railroad company, small quantity of
the land embraced in this indemnity
grant, being in all about 5000 acres,
leaving still uncertified of said lands
about $1,000 acres. Under the origi-
nal United States law, when the grant
was made it was declared to be the
duty of the governor of this state,
whenever any OF said lands were so
certified to the state by the general
governme.sF, to deed the same to the
railroad company. Under this law,
which the governor, when he took the
oath of office sWore to obey, this tract
of 5000 acres should have been decided
to the company in December, 1894, or
January, 1895, the signing of such a
deed being an act of the governor oyer
which he exercised no discretion what
ever, but which was a compulsory
duty imposed by law.
.sThe fand. in fact, was not daeded
promptlr rs both < Gov Nelson and
Gov. CkNgh. declared that,unless the
signing Of the deed was obligatory,
they would not execute it, each declar-
ing his unmeasured sympathy with
the settlers, and expressing the hope
that they might get the land instead of
the company. The fact that this 5000
acres tract was awaiting the govern
or's signature was well known to the
author of the bill before the legislature
met. Finally, on April Is, 1895, after
consulting Attorney General Childs
and ex-Attorney General Clapp as TO
his duty, and being advised that he
was officially obliged to sign the deed
of the 5000 acres, Gov. Clough signed
the same, and he has also promptly
and cheerfully executed the relinquish-
ment to the general government of the
remaining $4,000 acres, under the leg
islative bill. Lind's committee now,
with Infamous malice and desire in
their hearts to besmirch an honest man
for political effect, Inform tie, people
of the state by q private circular that
in this transaction Gov. Clough stealth
lily and fraudulently decided to the rail-
way company all the lands covered by
the BILL after the act passed the legis-
lature and before he signru it.
''Both Gov. Clough and Gov. Nelson
actively aided the passage of this bill,
in the hope that it would be effectual
to secure these disputed lands to the
settlers thereon. But as Lind and his
friends have tried to gain a political
advantage out of this false charge, we
can't refrain from reminding them that
the forfeiture bill and Gov. Clough's
REIMBURSEMENT hereunder, passed and
executed as they were. In good faith,
were both brought to naught by the
ruling of the Democratic secretary OF
the interior, Hoke Smith. In the fall
of 1895 he officially rejected the relin-
quishment, and insisted that he would,
in the face of it, still bestow all this
land on the railway company. Gov.
Clough did all he could to secure the
land to the settlers, while Hoke
Smith, the Democratic secretary, not
only overruled the official acts OF. the
governor, but also overruled decision
favorable to the settlers made by the
last Republican commissioner of the
general land office. Gentlemen, your
miserable SANDER is fearful boomer
ang; If you had been wise you would
have let it alone.
sWe still have hopes that, with a
Republican administration at Washing
ton and a wiser secretary of the interi.
or, Gov. Clough's REIMBURSEMENT will
yet be accepted, and the settlers get
the lands. Appleton Tribune.
The Bankers and Free silver.
'sWhy, assert II what NJ. Bryan
says is true, or If you could make II