The weekly Minnesotian. [volume] (Saint Paul, Minn. Territory) 1852-1858, 1855-02-17

The FORMATION of the first board of Direc-
tors'' was perfected on the first day of July,
1854, as the record shows. Well, then, in
twenty months after that date, tie telegraph
must be completed, else, according to your
own showing in your veto message, the char
ter AND ALL oRANTs--lands and all else--there-
in contained, become null and void. The time
for completing the telegraph thus expires, &C
cording to the provisions Of the charter, in one
year from the first of March, 1855, which COM
mencement of the year is now only sixteen
days in advance Of this date. Unless the Com
pany perform this one requirement of the 10th
section, the corporation "goes by the board"
and is dissolved for non-performance of con-
tract. How does this fact, which you have
shown yourself, Governor tally with the state
ment in the first column of your message, that
minnesota has no remedy until the expiration
of the first three years, and then she can ONLY
haze a forfeiture Of their charter, and bring
suit at the end Of said three years for the val-
ne of the land thus n,isopplied?" How is the
Company to "bank" and "speculate' and
"trade" in the stock, and upon the credit OF the
lands, for two years after their charter is for
feited under the Telegraph proviso of the 10th
section?
One more point. and we are through for the
present. The Governor in his veto message,
becometh wise, to still further extent, upon
the legal question ofright of way. Hear what
the Governor saith. 1t will be seen by the
extract we now make he is still "vetoing" the
charter which he approved one year ago:
"The 9Th section of said charter grants the
right of way two hundred feet wide through the
whole length of said proposed road, with pow
er to take all the necessary timber, stone, or
other material. and to have and to hold abso-
lutely all the lands within said (2OO) two hun
dred feet. which is now owned by Minnesota,
or which she may hereafter own.
1t IL known to every man Of ordinary intell-
gence that Minnesota is forbidden by her Or
ganic act from interfering with the primary
disposal Of her soil.
Therefore. to give and grant to any body
the right of wa and the soil to the width of
two hundred feet. from the Iowa line to Lake
Superior, is clearly in violation ofthe organic
act"
Let US now take glance at the said Sth Sec
ton of the charter, which became law by
Gov. German sanction but which he now at
tempts to discard:
"Sec. 8. The said Corporation shall have
the right Of way upon, and may appropriate
to its sole use and control. for the purpose con-
templated herein, by paying therefor in the
manner hereinafter provided land not exceed
ino fun hmm raIf oo in xyi1 III
tire length. and may enter upon and take pos
session of and use, all and singular. said lands
two hundred feet in width, and all streams
minerals and materials Of every kind thereon,
for the location OF depOts and stopping sta
tons, for the purpose of constructing bridges,
dams, embankments, excavations. station
grounds. spoilbanks, turnoutS, engine houses.
shops and other buildings necessary for the
construction, completing. altering, maintain
ing. preserving and complete operation of
said Road. All such lands, waters, miner
ais, materials andprivleges belonging. or
which may hereafter belong to the Territory
or future State Of Minnesota. on and within
said two hundred feet in width. are hereby
granted to said Corporation, for said purposes
and for no other" DC.
Here is the basis of the legal point raised bv
bis Excellency ; and we commend it to the at
tention of the profession at large. First the
Company must pay, as a matter of course, for
all the lands they take from private individu-
ais; and second, Minnesota gives them only
whatever right is belonging, or ,UhicA may
hereafter belong, to the Territory or future
State Of Minnesota" But, says the great
modern Blackstone of Minnesota, 1--WE beg par
don-we mean Of Indiana-) Minnesota is
forbidden by her organic act from interfering
with the primary disposal of the SOIL" Ger
tainly she is! Has she attempted anything
that would indicate such interference? She
has simply bound herself, by the provisions of
this 9th section, as a Territory and as State,
to cede whatever right she may be legally pos
sessed Of at the time the other party to the con-
tract may lawfully require the fulflment of the
obligation at her hands. If she have no legal
power to dispose of the right of way at the
time the other party to the contract calls upon
her to execute the deed, she has only to say, Il
give you all the right that belongs to me- and
that is all have obligated myself to do"
Minnesota only pledges herself by the sth sec
ton to give whatever right the law possesses
her with she only promises to perform what
the law will bear her out in performing; and
there ends the whole matter. This accomplish
ed, her part of the bargain is consummated and
fully discharged.
The above are the main inconsistencies and
absurdities to be found in the Governors much
veto message. There are many 9TH
ers, however, but little less glazing.