Morris tribune., 1896-10-07

. and power to receive all deeds Of conveyance
therefor. which said deed was recorded in the
Office of the secretary Of state on April 20 A, y.
1902"
In 1883 the supreme court of this state In the
case of Minnesota Central Railway company vs..
Donaldson, 80 Mimi, 115, speaking of the lands
in question: say: Plaintiffs default has been
judiciouSly determined and Judgment entered for
feitng Its charter, but the status of its land has
not been affected; 1t still belongs to the plaintiff
corporation forbidden in March, 1852 to con-
tinue the business for which it organized,
but In full life for certain powers enumerated
in paragraphs 416 Of chapter 81, General Statutes
1887.
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 THE corporation
did not exist after the decree OF the
supreme court, hut continued ts organization ana
retained its officers and directors, and its stock
holders continued To he such with all the authority
possessed before. True, the corporation only ex-
listed for the purpose OF settling up its corporate
business and setting up It's concerns; but to do
this it had full control over all its property and
could dispose of it for the purposes Indicated in
the statute, subject, however, to the rchts OF
creditors ana stockholders (Iianan vs.. Sage, 81
Fed Rep, 651.l
The commissioner of the general land office, in
passing upon the question OF the right OF the
stockholders of the Hastings X Dakota Railway
company to the enjoyment OF the said grant, en-
ploys in the written decision the following Ian
glage: Il therefore hold that the Obligation OF
charged because the grantee corporation under the
statute has become dissolved. The grant was TO
tie state; the road has been built; the lands
under the grant are certified to the state for the
benefit OF her grantee, and II, rs appears, that
grantee company has been dissolved its property
rights under this grant clearly belong TO its ind
viilIal 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
date of Jan. TO- 1874.
In carrying oft the purpose OF the congressional
grant the state serves merely the instrumental
ity 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 ny
the secretary of the interior. II appears that
Ihat officer has certified the lands in question ~
the state ''for the benefit OF Russell Sage trustee
of the assets of the Hastings 4 Dakota Railway
company" Such certifcat;ou implies pTiGr
+eerticat e by the governor of this state 20 the
secretary of taa Interior of the completion OF
the said railroad in the manner contemplated by
law 1t has therefore, been determined hy the
federal authorities that the said trustee $ now
entitled to u conveyance OF the Lands evidenced
by the said deed.
You are therefore advised that there is no rea-
son in law why yon should not execute the said
deed. l ana, very respectfully,
Fl w. CEIILDS
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