The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-11-23
TO BE FINALLY SETTLED.

Iron Range railroad land grant case is
not to be allowed to stand without ap-
peal. The state commission, consisting
of Gov Lind, State Auditor Dunn and
Attorney General Douglas, which has
charge of this and similar litigation, has
decided to take an appear to a higher
court Whether 1t will be carried to the
United States supreme court or to the
United States circuit court Of appeals
is not yet determined. The basis for such
an appeal will be laid broadly enough,
it is presumed, to have the main, in fact
the vital claim and contention of the
state finally adjudicated. The question
of the construction of the railroad, the
location of its line, the feasibility Of the
route, the proximity and availability Of
dockage facilities, are simply side issues
which do not seriously enter into the
main issue of the case; and that issue is,
Did the state Of Minnesota, by the
adoption of the constitutional amend
ment of 1881, making disposition of all
swamp lands owned or hereafter to &C
crUe to the state" resume possession Of
all swamp lands which had heretofore
been granted to aid IN railroad construc-
ton, but had not been earned? 1t is not
claimed, so far as the C o b is aware,
that the railroad company had earned
its grant in 1881, and as 1t was not what
is known as a grant '1n praesenti," but
was a conditional grant and could not
be earned before the conditions attached
had been fulfilled. the state has held
that such indeterminate float grants
might be forfeited and the lands re-
sumed by a broad general act such as
the constitutional amendment.
Judge Lochren decides that forfeitures
Of land grants must be specific and
must particulariae the grant which is
to be forfeited thereby. This will give
the lawyers a chance to argue the ques-
ton whether such a special forfeiture as
Judge Lcchren requires would not be
special legislation of the character pro-
hibited by the constitution. 1t would not
not be sufficient according to Judge Loeb
Ten's process of reasoning, and if it was
more than a repeating act relating to
some specific condition or to particular
corporation. why wouFd not such an act
come without the prohibition Of the con-
stitution?
If only for the purpose of relieving the
state from such a possible dilemma the
decision to appeal the case merits ap-
prevail. The interests involved are too
large to leave the question Of the valid
ity Of the Duluth & Iron Range Railroad
company's grant unsettled, and when the
case is passed upon by the court of last
resort neither party will have grounds
for further contention.
1t will scarcely fail to be noticed that
so far our friends, the Republicans, have
utterly failed to suggest any other can
didate for the Democrats save w. j.
Bryan.-St. Paul G o e.
Why shouldn't they? Bryan as the
Democratic leader is satisfactory to the
Republicans.-Min minneapolis Journal.
Why, then discourage his nomination?
With the possible exception of the jour
nal, all the Republican papers declare
that his election is impossible. Is this
diplomacy?
A Boston pastor comes forward with
the opinion that Sunday newspapers rob
editors, reporters and pressmen of Sun
day rest" But how can that be when
none of the work on a Sunday newspaper
is done on Sunday. 1t is possible, though
that reading some of the New England
Sunday papers may be bit tiresome.
The administration organs are still
banging away at the reputation of Ad-
miral Schley, Notwithstanding the fact
that his reputation is secure In the hearts
of the American people and likely to re-
main so indefinitely. And Schley isn't
saying a word.
For the payment annually of 1858 George
]. Gould has leased for five years the
shooting rights on S7O9 acres of land in
Guilford county, North Carolina Mr..
Gould has the price to shoot the chuies,
even, whenever he may consider it neces-
sary.
John Wanamaker, a Republican, says
that fraud is so prevalent in elections
in Pennsylvania that republican govern
ment no longer exists there" Now let
Republican organs load up and fire an
other broadside into Kentucky.
Judging from the f1amboyant tone OF
the Republican press, after the 1900 cleo
ton the only resource left for Demo craft
ic statesmen will be tightening up rh noe
eros hides with a carpet stretcher.
When 1t comes to receiving the resig
nation of Secretary of the Navy Long,
any old day will suit the American peo-
pie. And the American people will be
just as resigned as the secretary.
Having completed the publication of
series of philipp,cs against MONDAY lunch
es, the New York World is now impart-
ing valuable suggestions on How to Live
a Hundred Years"
when the stomach works the brain
should rest says the New York World.
Here is a good excuse for the stomach to
strike for eight hours work-and ten
hours pay.
The queen of Portugal is said to have
taken up medicine as a fad but it may
be considered quite certain that she will
never take it down as a fad
1t now looks as if Admiral Schley would
get away to the South Atlantic Before the
editor of the New York Sun has chance
to get a pop shot at him.
Announcement of the breaking of the