The daily Minnesota pioneer. [volume] (St. Paul, Minn.) 1854-1855, 1854-12-02
ThelMinne<esa ana Morn western Rail.
ROAD COmpany-Judlcial PrOceedings.<.

1t has been for some time matter
of WhiRered notoriety, that judicial pro
ceedings were had, q few weeks since, be-
fore Judge WEIGH, in an obscure section of
the Territory, which were said to involve
the rights Of the Minnesota and Northwest
ern Railroad Company to the lands granted
by Congress last winter to the Territory of
Minnesota for Railroad purposes. 1t is with:
in the recollection of our readers that the
act making this grant was subsequently re-
pealed We have forborne remarks upon
these proceedings until the time should arrive
when we could learn the exact nature of the
case presented, and the ruling Of the Court
upon the points made. The Msnmesotiam,
of the 30th November, contains an abstract
of those proceedings, which it pronounces
entirely correct" A comparison of this
abstract with the pleadings in full, showing
it to be true, as matter of convenience
we tranfer it to our columns, and make it the
basis of our remarks. 1t follows: i
THE DIsrRIcr Court. lsr JUDICIAL DIsrRIcr,
..L GOoDHUE COUNTY. r..'
The United States of America, } .t-t --Ha .e...
against '-+- o. '-''
The Min. & N. w. r. r. Co. .....l .,..i -
trees, &c. ...-l
The complaint alleges that on the l2,h Of Oct.
1854, the defendants and carried away 500 trees
from the close Of the plaintiff, being section Of
town liz, in Goodhue County. ..
The answer admits the cutting and carrying away,
&C., but justies under the Of the Territorial Leg
isature Of the 4th Of March, 1854, whereby the de-
PENDANTS incorporated, &C., and any lands that
might he granted by Congress to aid in the
ton Of the Railroad in question, sand hereby convey
ell to said Company in fee simple, absolute, without
any further act or deed;' also AYERS that the Compa-
ny have in all things complied with the requirements
Of the charter; also sets up the Act Of Congress Of
the 18th Of June 1854, and then that the sup
posed trespasses committed by defendants in the
necessary construction Of their road which they had
located upon and across said section g. and within
and upon the track Of said road, they had lawful
right TO do.
The plaintiffs reply that the Act of Congress Of tho
29,h Of June, repealed by the Ac, Of the 9TH of
August, 1854. ..... Sci. ..-... .,..
To this the defendants demur, and say that the I'd
section Of the last named Act, repeating the former
one, is void.
The case was argued on the I'd instant, before
Chief Justice WEIGH, by Mr.. Rice and Mr.. Wilkin
son, counsel for the defendants support Of the
demurrer and Mr.. Brsbn, assistant attorney for the
u S., in opposition thereto.
On the 4th instant, the Chief Justice allowed the
demurrer, and gave udgmnet for the defendants, and
decided The following points:
LIST. BY the Act Of Congress, approved June 10Th,
1854 granting certain lands the Territory Of Min
nesota, to aid said Territory in constructing Rail-
road the Territory, co instant, upon the passage of
the Act, acquired an interest and property IN the
lands granted, which the Territory could grant and
convey.
I'd. BY tho Act Of the Legislature Of Minnesota,
Incorporating the Minnesota and North Western
Railroad Company, the said Company acquired an
interest and property in all the lands subsequently
granted by Congress the Territory for the purposes
of the road, which interest became vested in said
Company Immediately upon the passage of the Act of
Congress and the organization Of the Company.
3d. The second section Of the Act Of Congress,
passed Aug 4th, 1884, repeating the first mentioned
Act of Congress, IS reppgnanl not only to the Cons
tuition Of the United States, but also to the great and
fundamental principles which have been recognized
as binding from time immemofial, wherever the COM
mon law prevails.
Before proceeding to an examination of
the pleadings on which the cause above re-
ported is founded, we invite our readers to
follow us through the history Of things per-
tanning to this Railroad Company, and the
grant of lands to the Territory.
On the 4th of March, 1854, the 1egisla-
ture Of Minnesota passed an act granting a
charter to the Minnesota and Northwestern
Railroad Company, confirming to said COM
Ipany powers and privileges of an extraor-
binary character. At the Congress then in
session, attempts were made to procure a
grant of lands to the Territory, which, un-
der the provisions of the company's charter
would revert directly to the company. This
bill which had passed the Senate, failed in
the House. Subsequently, a bill in lieu of that
was introduced into the House which made
the grant to the Territory, and excluded
from participation in its benefits, the Min
nesota and Northwestern, and all other COM
panies then constituted or organized. The
bill passed the House in the shape it was
presented, without amendment. When it
reached the Senate, an alteration was sur
reptitiously made, entirely changing its in
tention, and, without receiving the endorse
ment of the Senate, or being sent to the
House for concurrence, was signed by the
President, and thus, on the face of it, be-
came law of the land. Immediately on
its passage, under these circumstances, the
company which is made defendant in this
suit, organized in New York city in an lille
gal manner-its charter rcquiringa notice
Of Silch intantiOp IN bo o.;,,o,> IL. -.