The daily Minnesota pioneer. [volume] (St. Paul, Minn.) 1854-1855, 1854-12-06
From the 81. Paul Democrat, December 4.
Territory OF Minnesota, County OF Good.
hue.

hue.
District Court, First Judicial District.
The United States ofAmerica
The Minnesota and Northwestern R. R. CON-
The Minnesota Pioneer Of the I'd inst. contains
some comments upon my conduct in connection with
the above entitled action.
As an individual, I have too much selfrespect t.
be d'scOmposed by attacks from such quarter, and
in my relations to the Office Of United States District
Attorney of the Territory of Minnesota, am amena
BILE 10 the power which controls that Office, and moi
to the journalist of the Pioneer.
The action against the Minnesota and North Yves
tern Railroad Company was at issue on the 23d day
Of October, 1854. On the 9th of October, 1854,
obedently to instructions, communicated to the De.
parment notice Of the pendency of the action, accom-
panied with statement of the objects Of the sui,
ana the precise character Of the issues raised Near
partment has in wise signifed it's disapprova oil
the course pursued by the District Attorney.
These being facts, the suit shall proceed, If ed
be, to the highest Courts Of the land, with a. much
expedition as is compatible with the requisite prepa
ration, because deem it important that the question
in discussion be settled at an early day.
The article alluded to touches dashinp onsl,rub,
upon the pleadings in the action, illustrating but little
reverence in the editor for the venerable maxim of
last.'' o''o" :" us
That a trespass was actually committed at the time
n SNh III
can be demonstrated; that the defendants fulfilled
the preliminary requisites as set forth in the an
swer, Is matter Of public notoriety: and the record
has not been embarrassed by allegations which are
kno,cn to be susceptible OF proof,
The burden of the great grief, however, which op-
presses the young s0ho belongs to the Pioneer
exists IN the facts that the organization of the Com
Pany was Illegal inasmuch as "its charter recurring
thirty days notice Of its intended organization. onv
one days notice was given," and that the /" fraud
uent acts of the defendants their agents in proc,
Ing tns alteration OF the Act Of Congress Of June 18th,
1924, no where appear from the pleadings.
have failed to discover provision in she Act If
marcn ath' 1884, requiring thirty days notice of the
intended organization Of the COMPANY There il mo
such provision Admitting, however, such to be the
iacf, the sagacity and legal acumen Of Mr. Earle s.
Hoodrcn should mud relief in the very pleadings
which he condemns. The Act OF March 4th, 1851,
- pleaded at length in the answer, and the other
ata' acf that only one days notice Of the intended
organization was given, also appears from the same
pleading. '-'''
The demurrer must fail If the defendants have
committed the first fault in pleading.
In relation to the other grounds Of compla;nt as.
se, and solicit contradiction from any respectable
Awyer' that the fraudulent acts Of the Company &C.
could not properly be made the subject of an ;ssne
IN. IN 'ne present action The M. & n. W. R.R. Co.
Ihe grant Of lands thereby conveyed ;mre. 20 ~:
!eHMory Of Minnesota. 1t is not pretended that
the Territory was prvy the alteration of n. hi
and Will not be insisted that the rights Of an nnocen
grantee can be injuriousiy affected by the acts Of
mere strangers aud collateras.
One OF two things is apparent from the article of
the Pioneer. viz: that its author has taken a very
superficial view Of the peadngs, or that he is pro.
Souudy incapable Of determining what issues are act
u"i'y made and what are proper to be made in the
present controversy.
What is here said is for the purpose of enlieht.
ening the people Of the Pioneer, and not in self.
vindication. Mr.. Goodrich is, Of course. not re.
sPons.b'e. The human necessity Of daily bread''
furnishes his excuse.
90 regret, however, that a gentleman of his
prsghtliness, should be obliged by any necessity to
become the sewer through which his masters NAV
evacuate at once their f-dgested venom and the;r
ignorance. JOHN B. BRISBIN.
In the PIos FER of tie Sd instant,
wherein we reviewed the extraordinary
pieaoings made in the case of "The United
States Of America rersus The Minnesota
and Northwestern Railroad Company and
in which we demonstrated the ineficiencv
or bad faith Of the Attorney who prose.
cuted the case on behalf of the Govern.
ment we did not take advantage of the
old and just law maxim. "Qm fact per
aiism, fact per S." and hold the United
States District Attorney, who has not ap-
peared in the ease in person, responsible