The weekly Minnesotian. [volume] (Saint Paul, Minn. Territory) 1852-1858, 1854-12-09
Mr.. C.isbin-s Answer.
TERRITORY OF MIEHEsOTA, County OF GoonTuE
District Court. First judicial District.

TERRITORY OF MIxSEs0rA, COUNTY OF GoopIirE,
District Court. First judicial District.
The United States of America
against the
Minnrs,t e ami Northwestern Railroad Company. J
TIL Minnesota Pioneer of the Cd inst, CON
ta:ns some comments upon my conduct in con-
ncct,on with the above entitled action.
As an individual. have too much selfrc-
spcct to be disco.nposcd lay attacks from such a
quarter, aud in my relations to the Office Of
| ni:nil States Di.tri"t ,.-~..-:. .r.i." T-.;.~
ry of Minnesota. | ain ancEabie 10 the power
whici. controls that Office. and not to the jour
nails! of the Pioneer
The action asa Est the Minnesota and North
Wcstcru Railroad Company was at issue on
the I'D day of October, 1854. On the 9th of
October, 1874 oh dicntly to instruction S com
minica:"d to the Department not'ce ofthc pen
drncy OF the action, accompanied with q state
meat Of the Objects OF the suit and the precise
character Of the issues raised Nearly two
months have since interviewed. AID the Depart
mc.;t has in no wise signi.i, its G'sapp:o va! OF
the course pursued by the District Attorney.
These being facts, the suit shall proceed if
need be, to the highest Courts Of the land. with
as much expedition as is compatible with the
requisite preparation. because | deem it impor-
tant that the question in discussion lie set
tied at an early day.
ne dflClc 10 cDNcncS Il uaSntnC on
slanght upon the pleadings in the action. illus
trating but little reverence in the Editor for
the venerable maxim Of the Romans, that ii
shoemaker siou!d stick to his last
That trcSIass was actually committed al
the time aid place mentioned in the complaint
IS TACT when can he demonstrated !: that the
defendants f.;l'llcd the preliminary requisites
rs set forth in the answer. is a matter of public
notorictv. and, the II cord has not been embar-
ra,sed by allegations which are kEou'n to be
susceptible Of proct.
The burden Of the great cr:c! EDwcycrwl:ch
Expresses the yoHHg mar rio bciongsfo tic
Pioneer. exists in III" facts that the orranxa-
tca Of the Company was illegal, inasmuch AZ
It's charter. requiring thirty days notice OF its
intended organ eaton, only one day. notice
was given" and that 1.-The fraudulent acts of
the d Pendants or their agents in procuring the
alteration OF the Act of Congress OF June HJth.
iSj.," no where appear from the plcad;ngs.
have failed 10 discover a provision in Tie
act Of March 18th. IS5,. requiring thirty days
notice Of the intended organization OF the Com
paIiy. There is lio such provision. Admitting.
however. such to be the fact the sayacty and
Legal acumcn Of Mr.. Earle 5. Goodrich should
'ini relic: in the very peadngs which he con-
l"mns. The act fMarch 4:h. lSJi. is pleaded
ut !"n%tI in the answer. ard the other f,tai
fact. that only one day notice Of TIE intended
organization was given, also appears iro:n Tie
same pleading.
The demurrer must fail 1.-THE defendants have
comm tied the fist fault in pleading.
In relation to the other ground of complaint
[ assert. and solicit contradiction from any re-
spectacle lawyer, that the fraudulent acts OF
the Company. &C.. could not properly be made
the subject of an issue in the present action.
The VI. Il y. ". K. X. Co. are stranger, to the
act OF Congress OfJune 20 1851. The grant Of
lands thereby conveyed inurcs to the Territory
of Minnesota. 1t is not pretended that the
Territory was nr.vy to the alteration of the bill.
and it will not bcin>istcd that the rights of sn
innocent grantee can be injuriously AFFECTED by
the acts OF mere strangers ana coiiateral,.
One OF two things is apparent from the arti-
Gle of the Pioneer, viz. that its author has tax
en- very superficial view of the plcalincs. or
that he is profoundly incapable Of determining
what issues are actually made and what a
proper to be made in the present controversy
What is here said is for the purpose of en-
tightening the people of The Pioneer, and not
IN standardization. Mr.. Goodrich is of ctu.se
not responsible. The human necessity of dali
ly bread furnishes his excuse.
d" regret however. that a gentleman of his |
spriGhtlincss should lie obliged s,v any necessi /
ty to become the sewer through which his mas 7
tiers may evacuate at once their il-Iirested |
venom and their ignorance.
JOHN b. BRIsBIN.
St. Paul, Dec. 4th, 81.
SENATOR SEwARD.-The Albany Argus gays