Vernon County censor. [volume] (Viroqua, Wis.) 1865-1955, 1899-01-18

4
grounds, but they constituted as a whole |
lean to the amount Of $18S, 44s.O 3
/ 70 interest was ever paid upon this land, |
| ana there was no likelihood OF the state |
/ ever being able to reimburse itself so pro- /
ceedings were begun to foreelose the mort |
gages upon the grounds In June, 1897, and /
Judgment of foreclosure and sale was en- |
| tered The tota. amount due, with the /
s seo, ,nn interest, at that time was
| AZoi .ii6.b6. Pending the foreclosure pro- |
ceedings, two receivers were appointed Inv |
the circuit court for Milwaukee county, to |
take charge OF the property. On December |
| ., last. the necessary time having expired. |
| sale of the property was made under ire |
| decree OF this court and the attorney-gen.
erals department, representing the state, |
sum OF 1924 265 IA. This amount included |
the accumulated interest. the solicitors |
fees OF 800, and various other court ex-
penses, including $4,000 which the court |
| allowed TO the receivers.
The property is not at the present time
| worth the amount for which II was bid In. |
but It was necessary for the state TO make |
uiu covering, not only the total amount |
recelvership, foreclosure and sale The |
state now holds the property In fee and il
rests with the Legislature TO determine
WnaI disposition shall be made of it,
| | refer to the matter at this time more
particularly to call your attention to the |
fact that the sum which was loaned from
the trust funds to the AgrlculturaI society.
which aggregated, as before stated, 500, 666
should be returned to those funds, and |
| (which does not include accumulated Inter.
esq, pc appropriated to reimburse the
Inc trust funds of the state be kept intact
Ihere has apparently been in the past a
iack of careful scrutiny of security In the
loaning of these trust funds, and, conse-
| quently, some losses have resulted. | be-
| ieve IL very necessary that provision be
made for returning to the trust funds every
| dollar which has been lost in this manner
| IL Is true that II Is no less n loss to the
state 70 have this amount taken out of the
general fund to reimburse the trust funds,
| but to fall to reimburse those funds, when
money loaned from them Is lost, would I'M
peril our most important resource as we'll
as the whole financial system of our state.
Status of War Claims.
1t is my duty to advise you of the status
of the claim of Wisconsin against the Unit
ed States to indemnify the state for ex-
penses incurred during the War of the Re
bellion. The claim was filed by previous
administration. 1t has within the last two
years received careful attention from the
attorney general and other state officers.
the United States, with view to classify
ing the claim and separating the items
which fall clearly within legislation here
tofore enacted, from those not at any time
heretofore provided for. It seems to be
very clear that over 100000 of this claim,
being for interest paid by the state on
funds borrowed and interest lost by the
sale of Understanding securities, to raise
money with which to equip troops and en-
| uDIe WISCONSIN 10 10 neE puEt III tue preseA-
walton Of the Union, should be, without
question, as a matter of justice, repaid to
the state
The state of New York made similar claim
against the United States and brought suit
in the court of claims to recover. The de
Tense of the statute of limitations was IN
terposed, and 1t was held In that case, as
the claim had been specifically presented
within the six years to the proper depart
ment Of the government, that when trans
mitted to the court OF claims under the act
of March 3, 1889. 1t was competent for the
court to render Judgment upon It,
The claim of Wisconsin does not appear
| to have been specifically presented within
six years after It accrued, ms was the claim
of New York, and therefore 1t seems that
the obstacle. and the only obstacle to d ass
payment, Is to be found In section loo9
of the Revised Statutes of the United
States which declares as follows:
Every claim against the United states at ,u cog
nizable by the Court Of Claims shall De forever
ment thereof Is filed In the court, or trahsmttea
to it by the secretary of the Senate or the clerk
OF the House of Representatives as provided by
law within six years after the claim first ac
crues.
This statute has been held applicable to
the claim of state against the govern
At the last session of Congress an amend
ment was offered to the southern war
claims BILL which had passed the House
and was pending in the Senate, removing
the bar of this statute of limitations from
any claim of states for costs, charges and
and 1862 above referred to- The amend
ment was adopted by the Senate. and the
bill is now pending before conference ence
not relate to this amendment. IL is rea-
sonably hoped that before the end OF tne
present session of Congress the Dill VIII
have passed and the way thereby made easy
to secure this act of justice to the state.
The Swamp Land Claim.
Early in my last administrator bill was in
troduced at my 1 nee ad I'D Of the diff
ferences between the state and the United states
@ she as Is the to the de-
partment of the interior, for examination ana
and l peen and Ra the
partment will recommend the passage OF the bili'
The controversy between the state and the
United States upon this subject Is of long stand
NIT nit Of Of rehearsal here Briefly it may be said
that by the swamp land grant every tract OF pup
sin the major portion OF which was swamp, was
granted to the state. If the minor portion was
swamp, the tract excluded from the grant.
The authorities OF the United States at the out
set rendered to the state the election to adopt
to select the land upon the basis of the field
notes; the other was to take upon special ex-
former method. and for mony years lands were
selected and patented upon that basis After,
wards the state the e, a thn
interior for leave TO change the OASIS ana 10
aCOpt the second method above Indicated InlS
proposition the department at Washington de-
In issi the Hon william f. Smith, then gov
ernor of the state, being duly authorized, entered
into an agreement with the secretary of the in
terror Mr. Seh@f c ana n WamseS as 81 sbon
by correspondence and In other ways, by which IL
insfed at he earliest practicable date the selcc
lions being mnde upon the basis OF the heid
That is TO- N he aea nf'fS
be swamp. it to be considered swamp lani
within the grant and patented by the United l,i
notes showed that the major portion was not
swamp It was to be excluded from the e grant,
was to have, of course indemnity therefor
the e. adjustment to speedy conclusion an agent
was appointed by the state, who. acting with
one appointed by the interior department, spent
within the state shown by the field notes to he
swamp. these lists being duly certified by both
lists were patented to the state. Controversies
then arose between the settlers and the state,
parted from the agreement as to permit proof
outside of the field notes as to the character of
the land; in other words, permitted evidence TO
be given to impeach the accuracy OF the held
notes The authorities, however, held the st4te
agent to show that the lands not reported swamp
by the field notes were In fact SWAMP ., ,,o
grant upon the basis of the agreement and he
made he ,s n and that is
the lists shall be patented to the state and for
the lands contained In the lists which have been
disposed of by the United states since the Lists
were made, the state shall have the right to &c
lect indemnity from other public lands of the
United States within the state.
The hill also provides that swamp lands which
have been allotted to Indians, and swamp lands
within the Indian reservations, shall be re-
linouished by the state to the United States. in
demnity being taken therefor from other public
lands within the state.
| II has been found that there lands in
the lists which disposed of by the United
States prior to the making of the grant. These
lands. of course to be excluded, nor is the
state entitled to indemnity therefor, since they
were not public lands at the time the grant was
made.
the state would have been entitled under the
swamp land act but which were selected many
wears ago under internal improvement grants to
the state and patented TO the state, or its
benefciaries, under such grants. The Interior
Recruitment insists that these lands should be
NAV fairly be said to + we elected to take them
under the later grants 'ther than to claim them
under the prior grant, ud that. inasmuch as the
state has received them, she is not entitled to
indemnity for them.
The bill provides that before any patent shall
be issued to the state under Its provision, The
| state shall by legislative authority, renquish
| all its right. title and interest to the lands
| which have been disposed Of by the government
TO settlers, and also to the lands OF which set
tiers are the purchasers, and also to the lands,
| N any which have been allotted to the Indians,
and to the swamp lands within the Indian
| reservations. .
| will with the approval of the department of the
interior II will put end TO this long standing
| controversy between the state and the United
| States. will quiet the title to a great MANY