The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-06-25

as directed by the act of 1897 which
attempts to declare a forfeiture of this
grant The court holds that the act of
1897 is void, in that it impairs the OBJ
legation of contracts and divests vest
ed rights, and grants the injunction
prayed for except in one respect.
The argument of the case consumed
two days. F. B. Kellogg, of Davis
Kellogg & Severance, represented the
complainant, Walter F. Cobb, the
trustee of the bondholders of the road,
and W. n. Draper and F. H. Chandler
appeared for the Duluth & Iron Range
Railroad company. Mr.. Warner, Of
Warner, Richardson & Lawrence, and
Attorney General Childs represented
the governor of the state state treas
urer and state auditor. The complain
ant asked the court to prevent the
state from issuing a patent OF the
lands involved, to enjoin the sale of
any of the timber or minerals thereon
or therein, and finally to restrain the
institution of any suit by the state to
determine the validity of the state
grant. In substance Judge Lochren' E
decision is as follows:
In 1860, congress granted swamp
lands to Minnesota for objects includ-
ing internal improvements. In 1875
the legislature granted to the Duluth
& Iron Range road ten sections per
mile to be selected within ten miles
of the railroad TO be built by
the shortest and most feasible route
between Duluth and Township so, of
Range II, on condition that twenty
miles should be built in two years, and
entire road in ten years, the lands to be
certified or patented to the company as
each ten miles of road was completed
and certified to be properly completed
by commissioners appointed by the
governor. Any deficiency of the ten
sections per mile within the ten-mile
limit was to be made up by selections
within the counties of ST. Louis and
Cook. On filing the map of the route
all swamp land within the ten-mile
limits was thereby withdrawn from
after disposition.
The time for building the railroad
was extended from time to time and
the northern terminus was changed
to the west and a little north, necessi-
tating a new location of part of the
line at least, and the road was finally
completed within the time limited by
the last act, and accepted by the
courts appointed by the governor.
The grant of lands by the act of 1875
was a present grant upon a condition
subsequent and the condition WAS
finally fully performed before any at
tempt to declare a forfeiture. The con-
stitutional amendment of 1883, prohib-
fting the granting of swamp lands in
| aid of a railroad, could not affect this
prior grant of 1875, and indeed all
questions affecting the right of the
railroad company to this land grant
seem to have been decided in it's favor
| by the supreme court of Minnesota
| as MINI. Rep. 10D.
This action is to restrain the execu-
tive officers of the state, it's governor,
auditor and treasurer, from conveying
| any Of these lands, as directed by the
act of April g. 1897, which attempts
to declare a forfeiture of this grant
| and to restrain the same officers and
| the attorney general from commencing
| actions against the grants Of the rail-
| road company and the persons having
! contracts with it for timber or minerals.
| The objection urged by the defendants
! Is that this suit is really against the
state Of Minnesota, which, under the
| eleventh amendment to the United
States constitution, cannot be sued
/ without it's consent The decisions on
| the subject are numerous and not con-
| f1icting. A state is bound by the con-
| stitution of the United States as much
| as any citizen, and any enactment of g
| state impairing thesobligation of con-
| tract or interfering with vested rights
| is absolutely void, and though no &C
ton can be maintained against the
state without it's consent to collect in
| debtedness of the state or compel 1t To
perform it's contracts, or for any kind