Willmar tribune., 1900-09-12
together with careful and frugal ad-

together with careful and frugal ad-
ministration, would have enabled us to
start on the new century without be-
ing compelled to ask the taxpayers of
the state for one cent for defraying the
ordinary expenses of the state govern
ment or maintaining Our state institu-
tions; and I here and now pledge the
people of the state of Minnesota that
If they elect house Of representatives
that will carry out these reforms and
induce the present Republican senate to
listen to the arguments of reason, JUS
tice, patriotism and duty, that, after the
laws thus enacted in accordance with
my recommendations have gone into
effect, the taxpayers of this state will
never again, under ordinary circum-
stances, be called upon to pay one cent
of taxes for the support of the state
government, or for the maintenance OF
state institutions
CARE OF PUBLIC LANDS.
Another subject only second to that
OF taxation in Importance is the care
and administration of our public lands.
Shortly after our admission to the Un-
ion the general government, with a
munihcence that should never be for
gotten, granted to the state of Mime
sofa all the swamp and over-howed
lands within our boundaries. This grant
will probably aggregate not far from
$500, 900 acres when the survey and the
segregation of the lands are completed.
Had this bountiful donation been hus-
banded even with reasonable care it
would have proven ample in time, not
only to drain the large bodies of wet
and untllable land in the northern part
OF our state, but it would have contrib
uted much to the maintenance of our
state institutions and our public schools.
But former legislatures and executives,
with prodigality little less than scan
dalous, have succeeded in frittering
away more than 100000 acres OF that
magnificent donation by grants to rail
way companies for other schemes.
Upon entering into Office I found lit
igation in progress between the state
and the Duluth & Iron Range Railroad
Company to test the validity Of the grant
to that company embracing some 6oo,-
600 acres of land. The railroad had not
been built upon the line, or between the
points designated by the legislature, nor
had it been completed within the time
fixed by the granting act for it's COM
pletion. In fact, it was clear, and so
conceded on all hands, that had the
state authorities taken advantage of this
failure of the company to earn the grant
according to its terms in time, the state
would not have lost the land; but in
stead of that it appeared upon the trial
in the circuit court of the United States,
as was the fact, that, Notwithstanding
the failure on the part of the company
to build on the line of route designated
or within the time stated: the governor
and the state authorities, in whom the
power was vested by the granting act to
pass on the performance of these con-
ditions, waived all these conditions and
accepted the road as compliance with
the law and the terms OF the granting
act. Under this state of facts the Cir
cult court decided, and I think rightly,
under the rule that prevails in the fed
eral court, that the state had waived
its right to insist upon a compliance
with the terms of the contract, and the
grant was held valid. This company,
which has the right to select its grant
in the counties of St. Louis, Cook and
Lake, now insists that the state swamp
lands in those counties shall be held
open by the state indefinitely to enable
the company to select its quota at its
pleasure and conveyance. A most care
full consideration of the questions in
volved, by the state auditor and my
self, has led us to believe that under the
law we have the power
TO CLOSE AND ADJUST
this grant now, and we propose to do
so as speedily as the work involved en-
ables us to do it with accuracy and
care. In this matter and in all other
matters in which the discharge of my
duties has required the corporation OF
the state auditor it is only fair to that
officer that I should say at this time
that he has co-operated with me with
an efficiency and in spirit of zeal for
the public good that deserves this ac-
acknowledgement at my hands.
About one year ago application was
made to me to execute patent con-
veying some swamp lands in Pipestone
county to the Southern Minnesota
company. On investigating the claim
of title to swamp lands by that COM
pany, found that it never had swamp
land grant; that the grant under which
~ NAdAAACN was O1l d~SOulAl VI d u dlISL
of main line which was never con-
structed; that Notwithstanding this fact
my predecessors in Office had, from
time to time, certified to that company
without any excuse for such action up
wards OF 10000 acres of valuable land
in the southern part of the state. Un-
fortunately this land was certified SO
long ago that the statute of limitation
has run on most of the conveyances.
Besides, regret to say that the attor-
ney general, after some recent reAec-
ton, has concluded not to concur in the
view that l have expressed, as to the
sham character of this claim. But one
thing is certain, that company shall not
have another acre of the states lands so
long as am in office unless awarded by
the courts, and I hope to be able to
have matters settled so that none can
be claimed after l am out.
In the case of the swamp land grant
to the Little Falls & Dakota Railroad
company, now owned by the Northern
Pacific, former governors conveyed to
that company over 1900 acres OF land
in excess of what it had earned, and
which it was not entitled to.
Suit has been instituted for the recov-
cry of this land to the state. I feel con-
fident of a successful outcome. With
this suit settled, and within the next
two years, believe it possible to adjust
and finally dispose of every state land
grant claim in the state. Several have
already been finally adjusted and set
tied. I have devoted much time and