The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1896-10-08
L. A. Rosing, Chairman,
Democratic State Central Committee

Democratic State Central Committee.
To persons not acquainted with the circum-
stances. the charges against Gov. Cough would
seem very serious. If true. Happily they not
true. The circular is simply a tissue Of misrep-
resentation. falsehood and Misrepresentation Of
facts.
Gov. Clough sought the opinion Of Attorney
General ChildS on this case and Mr. Childs gave
it his opinion that there was no reason at
law for the governor refusing to execute the deed
covered by list No. 9, as 1t 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 IL,
1895. His Excellency, D. NJ. Clough, governor.
Sir:I have examined the question Of the right
lands described in a proposed deed number nine
rendered in his behalf for your signature
The conveyance in question is sought by virtue
Of the matters and things set forth and referred
to in the body Of the proposed instrument Briefly
stated. the facts material to the question are in
substance follows
In 1866 congress granted to this state to aid
In the construction of railroads including one
from Hastings through the counties Of Dakota
Scott, Carver and Mcleod to such point on the
boundary of the state the legisla ture of the
state may determine. every alternate section of
land designated by odd numbers to the amount
Of five alternate sections per mile each side
Of said road Provision made that dedcien-
cies arising from previous settlement reservat ton
other cause should be supplied from the public
lands Of the United States nearest to the tiers
of sections above specified, much land in alter
odd numbers as shall be equal to such lands
thus disposed Of. 1t further provided that the
said lands should 'be subject to the disposal of
the legislature of Minnesota for the purposes
aforesaid and no other, and that when the COVER
of this state should certify to the secretary
of the interior to the completion "in a good sub
stantial and workmanlke manner 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
the requisite ShOWingS and certificates (Edger-
ton Comp. 80
The Hastings, Minnesota River and Red River
of the North Railroad company Incorporated
by the legislature of the Territory of Minnesota,
in 1851 and its name was subs luently changed
to Hastings & Dakota Railway company 1t was
authorized by its charter to construct and operate
a railroad from Hastings over q route therein pre-
scribed to point the Missouri river The
route thus prescribed was somewhat modified by
subsequent legislation I'D, $50, $685.
The congressional grant above named was ac-
cepted by the state by an act of the legislature
approved March Z, 1867 I'd 500, whereby "all
the lands, interests, rights, powers, and prvi-
leges'' were granted to and vested in the said
named company subject to the provisions
pressed in the said act Of the legislature. The
time for the completion of the road was renea ted
ly extended by acts approved March T. 1862
March 2 1871. Feb. "a, 1872, and March g. 1873.
1872 1880, and 1882 it conveyed away all of
the railway owned constructed operated by it,
but expressly reserved and excepted from such
sale the land grant acquired by it as aforesaid.
(State vs.. Mimi Cent. Ry. Co., SO Minn 1922
Notwithsta nding such sales by the company it
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 prize such sale l am not
advised, but assume from -acital in the pro-
posed deed that 1t not ~!+n:y constructed at
that date. 1t Is recited in the said deed however
that the company fully completed, equipped and
put In opera tion its line of road from Glencoe to
Ortonyile prior to the first day Of January $780,
The charter of the company forfeited De-
cember, 1885, by the judgment Of the supreme
court Of this state State MINI. Cent. Ry Co.,
Supra). The proceeding wherein such judgment
was rendered was only instituted for and resulted
in forfeiture of the corporate existence of the
company, and the decision therein reached de-
termines nothing more. NOtwit outstanding 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 against it. and
Of enabling II gradually to settle and close it's
concerns, to diapoee Of and convey its property,
and TO divide IT'S capital stock, but not for the
purpose Of onnxlnuing the business for which it
was established. Chap "a. SEQ. 41e.)
Subsequent - ths judgment thus rendered, and
within three ysan thereafter, the company con.
vsyed b Rnssen Sage, as trustee, all its rdaht.
title ana inssrsst In and to its land grants sand
al lands to to said railway COMPANY
under and BY virtue of the said grants, with right