The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-08-24
Nay CIT THE SNANPIAND
ATTORNEY GENERAL GIVES OPIN-
ION FAVORING SOUTHERN HIN
NESOTA RAILWAY COMPANY
NICE LEGAL POINT INVOLVED
Gov. Lind Was of Opinion That
Grant Was Void Because Gem
pany Did Not Comply
with Act.

The attorney generals department yes.
terday transmitted to Gov. Lind Il
volujrinous opinion prepared by Assistant
Attorney General Somerley uron the
rights of the Southern Minnesota Rail
way company in its recent request to the
governor and state auditor to execute on
the part OF the state Il conveyance OF
certain described property in consum-
nation OF an old swamp land CRANE to
the railroad company. The opinion
which embraces fourteen type-written
pages, recites the history Ct the case ana
reviews the legislative and congressional
enactments lating directly to 1t az well
as other laws and decisions bearing in
directly upon 1t. Following are tha priu-
cipal points of the opinion briefly stated:
The deed which the governor and
auditor are asked to execute purports to
be drawn under authority Of chapter l,
Special Laws 1865, entitled AN Act to
Aid the Southern Minnesota Railroad
Company In the construction of their
branch road westerly through Southern
Minnesota
The Root River Valley and Southern
Minnesota Railroad company was in
corrorated by act of the Legislature ap.
proved March 2, 1S56, and by the terms
OF said act was authorized to construct
certain railroads in the southeastern and
southern portion of the territory of Min.
nesota. In 1897 by act approved March 3
congress mada a grant of land to the ter
ritory of Minnesota to aid in The con
struction OF certain railroads, among
others, one from La Crescent by way Of
Target lake up the valley OF the Root
river to a point of Junction with tina
Transit railroad running from Wlnona by
way OF st. Peter to q point on the Rig
Sioux river south Of the forty-fjfth paral-
lei north latitude, said junction to be
made at some point east of range seven
teen.
The amount Of land granted for the
benefit of this Root River Valley Rail
read, was every alternate section de-
signated by odd numbers for six sec,
lions in width on each side in the district
said roads and branches.
The state swamp land in tho district
mentioned in the act has practically all
been disposed Of, with the exception Of
few odd pieces, ono Of which, amounting
to 100 acres, the Southern Minnesota
Railroad company has selected and now
requests to haNe conveyed.
The governor in submitting the mattet
to the attorney general expressed the DO
LET that the company had not complied
with the terms OF the act OF 1855 and
that the act was void because 1t did not
designae q definite starting point, but no
rCrIelture was ever declared Dy ire Stdte
" hicE under rulings OF the supreme
courts of tho United States and OF Min.
nesota is necessary before a forfeiture
takes effect. The company completed ito
road In the time prescribed in the act
and in 1869 practically all Of the swamp
land which Trey wore to receive-about
80 coo acres in all-was decided to them.
With the property in question the grant
viii be practically filled and no forfeiture
ever having neen declared and the coui
pany having built the road in accordance
with the rulings of the supreme court, II
Is held that The company IS entitled to
the land mentioned in the deed in Ques-
ton, which is about 120 acres.