The weekly Minnesotian. [volume] (Saint Paul, Minn. Territory) 1852-1858, 1854-12-09
THOSE "rLEADINGS."
Tho Pioneers &c Complain.'' and MIR. Brisbin's
cAnswer"


five feel induced in the capacity Of editor.
to make allusion to a lawsuit pending in any |
of the Territorial Courts. we should certainly !
make an effort to spread before our readers all |,
the papers in the case. The Pioneer, hav- !
ing made complaint" Of the conduct Of John
b. Brisbin, Esq, Assistant L. S. District -attor- i
ney, in the great Railroad case now pcniinS
before our Supreme Court, that gentleman We
ry properly feels called upon to answer,
which he does through the columns OF the DciL-
ocrat of Monday evening. in manner. we
! think, that will trouble the Pioneer lawyers .
somew hat 10 get up "reply.| We give be-
low the complaint aa'l = answer merely
striking from the former the preliminary text.
which has heretofore appeared III these columns
and is therefore stricken out as "surpiusasc.'
We will only add as cur op;uion-not given
with a view Gifts carrying any legal weight
that unless the Pioneer amends its COM
plant" in the fatal point set up as fact. and
which we take the liberty of itaiicising, there
appears almost an absolute certainty OF its los
ing the case, owing to its having made the
first error in the plcallngs"
The Pioneers Complaint.
Before proceeding to an examination OF the
plcadings on which the cause above reported is
founded, we invite our readers to follow us
through the history o; things pertaining to this
Railroad Company, and the grant cl lands to
the Territory.
On the 4th of Marc! 1854, the Legislature Of
Minnesota passed an act granting charter to
the Minnesota and Northwestern Railroad Com
pany confirming TO snid Co. powers and prVilco-
- N n vi IN, oh I 70 <,
then in session. attempts were made to procure
a grant of lands to the Territory, which under
the provisions of the Companys charter would
revert directly to tie Company. THIS bill
which ,:ad rassct, the Senate failed in the House.
Subsequently, q BIZ iii lien of that was intro
..uccd into the House which made the grant TO
the Territory, and excluded froil a paiticira-
ton in lis benefits. the Minnesota and North
western. ana all c,i,@r companies then coast!-
tuted or organz'd u. Tie bill passed the House
in the shape it was presented. WithoG: amend
meat. Nhcn it reached the senate. an ailcra-
ton was su:rcp;t.onsiy made. cntirriy chang
ing It's intention. ami. without receiving the
endorsement of the senate. or being sent to the
House for concurrence. was signed by the Pre-
sidcut, and thus. on the face OF it, became Il law
OF the land. Inimcdiat.iy on lis passage. ar
dsr these circumstances. tie CcMianu 'rtich is
re dcitRGaRt IN L.is 5i,if organized in .1t,c
: Yoy'. city in ga WegM mannor--iis charte.
refi,iiRg notice Of Snci intention TO BE- @ zen
THIRTY days prior iieret2. aaa on. days no
tee only haring BEEN Sir-a. Soon after this
illegal or organization, TIE fraud which had been
penetrated in the Senate upon tie Minnesota
i Lard Eli WAS discovered. and immediately
on its discovery the act itself was rcpca!cd.
Notwithstanding this action OF Con Grcss in
repeating upon The National Statute B ok Il
law which was vo.dablc through the fraud and
forgery pcrpc'ratcl upon ii during its las age,
4 Al = n
the ONLY one b. which any grant of Lands is
pretcn,icd to BE made to tie Territory of Nj;
ncsoia for railroad purpose s-and in spite of
the further fact that The organization Of the
Company itscifis dc,nol >trablv Illegal. vet the
COMPANY. under these circumstances. las the
gracclcss assurance to claim the lands PUP
portcd to be granted by such act Of CONGRESS
as its property. We regret the necessity Of
stating the conviction wlic. IL careful cyam:n-
alton OF the plcaGinrs above cop;yG f:rcn, ;,lt;l
US that the mana crr.,n;.t Of lie causr ;hi;s Err
On the mart of tn United States cy;nces q de-
I gree Of imbe c;ity or corruption cuuallcd ONLY
hy the amazing inlpuIcacc vi the Company
itself.
} That we nav demonstrate 70 The rrIl. that
: W. are doing no Injustice either to the Comma
ny. or n the sworn .rnerd'a's az FL" ;"."~~~'
OF the government ana the people, we proceed
to examine these p!rtiIngs III detail, and to
safe their effect upon The interests involved.
The action Instituted by the United states
District Attorney. through his assistant, John
; D. Br!shin, Esq. is one Oh tre:pass. The COM
plant alleges IN substance. To" cutting and
carrying away of five hundred oak trees by the
defendants, on the I'm oi Octoncr, ir3l. from
the close oil TIE plaintiff on sccticG ), IN town
snip H. IN the county OF Ga"IhAe.
The answer OF tA1 Minnesota and Northwest
ern Eaiiroai company SETS forih, IL Justica-
ton, the acs OF the Territorial L"g;s'atrre OF
n Il ItI Itt,,T, MI