Little Falls weekly transcript. (Little Falls, Morrison Co., Minn.) 1894-19??, 1896-10-02


Grant Forfeiture-All the Fact,
Show That Gov Clough Has Done
His Whole Duty and Acted in the
Eaterest of the State.
Gen. E. NJ. Pope Of Mankato Is the secretary o
the Minnesota Democratic state central com
mttee. Gen. Pope js known to the people o.
Minnesota a gentleman Of vivid imagina ton
AS member Of the state lcglsla ture, as ar
apostle Of the Farmers Alliance, he became
famous for the immense breadth Of his visIonarJ
ideas.
Gen. Pope secretary OF the Democratic state
central committee has suffered no ohsnge, men.
tally II anything he is more vas1o1ary than
ever. He has dreams. His latest dream seems
to be species Of nightmare, which has af'
acted him to such m extent that his best friends
are alarmed on his account.
He has dreamed that Gov. Clough has committed
nm act of maadmlnistrat ton in state affairs, and
he thus announces it to the silver newspapers Of
the state:
A laundering Circular.
Minnesota Democratic State Central Committee.
Globe Building, St. Paul, Mimi, Sept 22, 1906
Dear Sir: Senate File No. 1915, which became
Chapter 1G5 of the Laws Of 1898, was "A bill for
an net to forfeit the rights Of the Hastings &
Dakota Railway company to select or acquire title
to any of the public lands of this state
This bill passed the senate on the 25th Of March.
1885, by vote Of 80 to 9, as recorded on page
lG6 Of the Senate Journal.
1t passed the house the 9th Of April hy a
vote of 30 to I, rs recorded on page 742 Of the
House Journal. On April 49, 1905, the bill WIS
approved. signed and deposited in the office Of
q I'm q nv NJ
In the records Of the state auditors Office.
"Rnilroad Records. Book F, page 40S. Is recorded
deed Of date April 10, 1895, executed 10y Gov.
d. NJ Clouch. conveying to Russell Sage, trustee,
all the lands involved III md affected by the
legislative bill, which lands had been declared
forfeited by that net.
So that between the date when that legislative
act passed almost unanimously both houses Of
the legislature and the date when 1t was returned
by his e1cellency. the governor, with his approval
he had destroyed all beneficial effects of the BILL
nullifed the will Of the people Of the state, thus
expressed In the Legislative act and nsllted the
Legislature by returning to them a. bill which he
knew and they knew had, by his act, been made
empty Of all results and this righteous measure
OF the legislature was in this manner, defeated
in the interests Of the corporation which was
contesting with the state for the lands in ques-
tion. This matter is brought to your attention
as a matter Of official record. We claim that It ID
proper that the official actions of this administra-
ton should he made public as condemned If they
are worthy OF condemnation. 1t Is brought to your
attention Individually for your consideration,
trusting that your judgment thereon will be ex-
pressed by your vote ut the polls In November.
Il. A. Roslng, Chairman,
-E. NJ pope, Secretary,
Democratic State Central Committee.
To persons not acquainted with the clrcum-
stances. the charges against Gov. Clough would
'seem very serious, If true Happily they are not
true. The circular is simply a tissue Of mlsrep-
resentation. falsehood, and misrepresentation OF
facts.
Gov. Clough sought the opinion Of Attorney
General Chllds this case and Mr. Childs gave
1t as his opinion that there was no reason at
law for the governor refusing to execute the deed
of State Auditor Biermann. Attorney General
'Chllds opinion here given is very complete In
Its review of the history Of the grant:
Attorney Generals Office, St. Paul. April IL.
Sir:-I have examined the question Of the right
of Russell Sage. trustee, to conveyance Of the
lands described in 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 In
substance Us 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 legislature Of tho
state may determine, every alternate section Of
of five alternate sections per mile on each side
Of said road" Provision was made that deflcien-
cies arising from previous settlement reservation
or other should be supplied from the public
lands Of the United States nearest to the tiers
of sections above specified 50 much land In alter
nate sections or parts Of sections designated by
thus disposed Of 1t was 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
nor Of this state should certify to tho secretary
of the interior to the completion Tin q good, sub
:Stantial and workmanlike manner 40 a nrst-cass
srailroad" 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 beneht ''of the road
having completed the ten miles aforesaid" Sue
cessive patents were to issue from time to time
on the requisite showinss and certificates (Edger.
ton Comp. 97.)
The Hastings, Minnesota River and Red River
Of the North Railroad company was incorporated
by the legislature Of the Territory Of Minnesota,
In 1857, and its name was subsequently changed
to Hastings & Dakota Railway company. II was
authorized by its charter to construct and operate
railroad from Hastings over route therein pre-
scribed to a point on the Missouri river. Tho
route thus prescribed was somewhat modified BY
subsequent legislation. 3D., 5s2, $685.
The congressional grant above named was &C.
"
approved March Z, 1867 I'D. b02), whereby "all
the lands, interests, rights, powers, and priv.
leges'' were granted to and vested in the said
named company subject to the provisions ex-
pressed In the said act Of the legislature. The
time for the completion Of the roau was repeated.
ly extended by acts approved March 4, 1869.
March 2, 1871, Feb. "a, 1872, and March 8, 1878.
BY reason of sales made by the company In
1872 1850. and 1882, it conveyed away all Of
the railway owned, constructed or operated by It.
but expressly reserved and excepted from such
sale the land grant acquired by II as aforesaid.
: Estate vs. MINI. Cent. Ry. Co., 30 MIMI, 1927
Notwithstanding such sales by the company, II
continued thereafter to receive conveyances from
the governor Of this state of lands embraced in
the said grant. What proportion Of the company'B
road was constructed prior to such sale am mob
! advised, but assume from the recital in the pro-
posed deed that it was not wholly constructed al
that date. 1t Is recited In the said deed however,
that the company fully completed, equipped and
nut in operation its line Of road from Glencos to
Ortonvile prior to the first day Of January, 1880.
r The charter of the company was 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 the forfeiture OF the corporate existence Of the
company, and the decision therein reached de-
termines nsthing more. Notwithstanding such
Judgment of forfeiture the company enjoyed pur.
suant to the general statutes Of this state, q