The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-10-02

character as grants in praesenti, and as con-
ferring the lands whether the road was built
within the time limited or not. AS to the
lanos within the indemnity limit, there never
was question in my mind in the minds
OF the then officers of the interior depart
ment but what the settlers would be able
TO noid them. For under the law as it then
stood, the company had no claim to any in
demnity lands until a selection had been
made by the state in behalf of the company
OF each particular tract sought to be OBJ
fa1ned, and the parcel designated which was
lost In the granted limits. selection had
been made by the company Of some 66 600
acres Of indemnity lands by simply asking for
tnem IN bulk without specifying the tracts
"A neu or which they were claimed This
selectl0n was pending in 1892 I introduced
resolution in the house of representatiyes
Gaining upon the secretary to report the
status OF the Hastings and Dakota land grant.
In the meantime, had fled certified COPIES
OF the decision and final Judgment of our
supreme court with the secretary of the in
terlor; In response to my resolution Secre-
tary Noble took the matter up and passed
upon all of the questions involved. His de-
c,sion and report to the house of representa-
lives Ave may De found in house Of representa-
I'VE executive documents, second session
pa Pa congress, No. 1888, and bound in Vol 30
he held first that the selection bv the Hast
ce engs Sso ana Dakota Railroad company of the
oo'ovo acres referred to, located mostly north
OF OF the Minnesota river in Chippewa and Bie
stone counties was an absolute nulIity he
Gause IL Sc no tracts had been designated as lost
IN IN the granted limits and in lieu of which
IN the selection was made. He also decided
tnat by reason of the Judgment NJ Sorfott
the no selection Of indemnity lands could
eneu De vaioiy made. /, of course felt very
mucn gratfed over the outcome, as II saved
ths. the nomes OF some 300 families. AS soon as
and and VyciIion W IL became known to Russell Sage
anu anu ". II. Kelley. of Owatonna his repre-
sentative, the latter went to ST Pau1 ana
ua naoe an application to the governor to have
george r. Skinner appointed as agent for
the state to make selection of lands for pus
sen Sage. This application to the governor
cison dss mSae %as Pbeadng bdd the time that the de-
land office at Marshall The annointment
was made as follows:
state OF Minnesota, Executive Department
st. Paul, Oct 26, 1s91.-To the Register and
fnseceiver- U. s. Land Office Marshall,
Gentlemen: You will please take notico th..
George =. Skinner, of the City of St Paul
ana state OF Minnesota, has been this dav
stIta sppointeo ea py me as agent of and for said
STATE Tor the purpose of making selection of
lands accrued to said state by virtue Of an
&C, .5,st. oi congress, entitled AN Act Making an
Additional Grant of Lands to the State M of
Minnesota in Alternate Sections to Ala IN
the Constructions Of Railroads in Said Sfate
approved July 4. 1866. Yours very truly.
Great Seal) William r Merriam
Attest: Govnrno,
p. F. Brown, Secretary Of State.
Armed with this appointmet, Mr.. Skinner
went to the land ofice at Marshall with
the commission, under the great seal of the
state, to select these lands for Russell Sage.
OF the arrival Of the decision at Marshall
every acre was selected. When | heard OF
1nls move, | confess that / was astonished
10 me 1t seemed mystery that the chief
executive Of our state should appoint an
agent to select lands for corporation that
had been dead and buried for wears Nv the
decree OF the highest court of the state
Immediately wrote to the attorney general as
follows:
Hon. Moses e. Clapp, Saint Paul, MINI. .:''
Dear Sir: In accordance with your request
| made arrangements for the submission OF
your brief in the supreme court case re- 4
ferred to- as desired, and advised YOU by
telegraph to that effect. On calling on the
secretary OF the interior this forenoon to
ascertain the status Of the lands on odd sec
tons In controversy in Chippewa and other
Western counties, which were recently held
by the secretary Of the interior to be sub
ject to entry by settlers or to selection as
indemnity by the Hastings & Dakota Rail-
road company, II entitled to make selec-
tons. I was astonished to find that the gov
ernor had, the 26th of October last ap-
pointed George e. Skinner as an agent for
for the benefit Of the Hastings & Dakota
Railroad company, and to designate tracts
lost and in lieu Of which these were claimed.
Was this appointment Of Mr.. Skinner made
on advice from your Office? II so, / should
be very glad to learn the reasons for It.
as I have been and am Of the opinion that
the Hastings & Dakota Railroad company
is dead and defunct.' If the decision Of
our supreme court means anything it strikes
me IlHL Is lIS effect. i0ofS are some l5O ODO
acres Of land. nearly all occupied by settlers.
involved in this controversy. They are out
side Of the granted and within the indemnity
limits OF the Hastings & Dakota grant, The
Hastings & Dakota Railroad company never
selected them I'm it's life time, and therefore
acquired no claim to them while 1t had q
corporate existence. They will Therefore 20
to the settlers unless the state or its officers
can resuscitate the Hastings & Dakota Rail-
road company by some process to make a
selection OF them. Kindly advise me in re-
gard to this matter at an early date, and
oblige Your obedient servant
John Lind.
The answer made is as shown by his letter:
Attorney Generals Office, ST. Paul, Dec. 28
1s91.-Hon. John Lind Washington, d. c.;
Dear Sir: Yours Of 22d inst. at hand. Please
accept thanks for attending to case. In re-
gard to the appointment Of Mr.. Skinner per-
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