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

die HLCt Va tDsA.N ss.sASe
therefor. which said deed was recorded in the
1902"
In 1888 the supreme court Of this state in the
case Of Minnesota Central Railway company VS..
Donaldson, IS MINI. lis, speaking Of the lands
In question, say: plaintiffs default has been
judiciously determined and Judgment entered for
feiting its charter but the status of its land has
not been Affected 1t still belongs to the plaintiff
a corporation forbidden in March, 1852, to con-
tinue the business for which 1t was organized,
but In full life for certain powers enumerated
in paragraphs 416 of chapter 81, General Statr IS
1897"
To the same effect it was held by the United
States circuit court, advertising to the
of forfeiture by the supreme court of this state
in the matter above cited that 1.-THE corporation
did not exist after the decree Of the
supreme coart, but continued is organization and
retained its officers and directors, and its stock
holders continued to be such with all the authority
possessed before. True. the corporation on.y ex-
listed for the purpose of settling up it's corporate
business and settling up it's concerns; but to do
this 1t had full control all its property AMI
could dispose Of it for the purposes indicated In
the statute. subject, however, to the rights OF
creditors aid stockholders" (Hanan Us. Sage, 5s
The commissioner Of the general land Office, in
passing upon the question of the right Of the
stockholders Of the Hastings & Dakota RAILWAY
ploys in the written decision the following Ian
guage: II therefore hold that the obligation of
the United States under this grant, Is not dis
charged because tne gEautee COrpOrdtlH unVeEf tue
statute has become dissolved. The grant was to
the state; the road has been built; the lands
under the grant certified to the state Tor the
benefit Of her grantee, and IL as appears, that
. grantee company has been dissolved its property
rights under this grant clearly belong to is indi-
vidual stoekholders. WHO both IN, law and In
natural tsstice gre entl{ted receive the tensnt
Of these assetss subjsc&- to any c0ntract. debts
and disbursemelts aGsdnst ths, 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
Aate Of jam 10. 1894 asa az K 49,
In 6aruips out the purpose Of the tcqnsressional
grant the state serves merely a. 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 by
the secretary of the interior 1t appears that
that officer has certified the lands in question to
the state "for the benefit of Russell Sage trustee
of the assets of the Hastings & Dakota Railway
company Such certifcaton implies prior
certificate by the governor Of this state to the
secretary of the interior Of the completion OF
the said railroad in the manner contemplated by
law. 1t has, therefore, been determined by the
federal authorities that the said trustee is now
entitled to a conveyance Of the lands evidenced
by the said deed.
You are therefore advised that there is no rea-
son in law why you should not execute the said
deed am, very respectfully
Attorney General.