The daily Minnesota pioneer. [volume] (St. Paul, Minn.) 1854-1855, 1855-01-29

PEHIOR PRINTING INKS, which will sell at Manufac-
turers Prices adding transportation. This Ink is used
IL this establishment. e.
Majority Report of the Judiciary COM
miticc Oh the VI. 4 n. w. Railroad.
Mr. Siblcy, from the Committee on the Ju-
dietary. to which was referred so much of the
Governor Smessage as relates to Railroads made
the following report: .
The Committee on the Judiciary to whom
so much of the Governors Message as re-
lates to railroads was referred, beg leave to re-
Port: i'A.*-
That they have given the subject that con-
sidcration which its gravity and Importance
demand. The suggestions and recommended
tons of his ExceIlency being confined entirely
to the charter Of the Minnesota and North
Western Railroad of the last session and to
the grant by Congress of certain lands to the
Territory to aid in the construction of rail
road therein, and the subsequent repeal Of
that grant, your committee have not felt at
liberty to extend their report beyond these
particular topics.
The charter OF the company referred to after
having passed both Houses OF the Legislature
received the Governors approval on the 4th of
Starch last. our committee believe that the
organization of the company took place in &C
cordance with its requirements and that thus
far, they have complied with the stipulation of
the charter in their preliminary movements
i The unprecedented powers and franchises con-
ferred on this company aroused spirit of OBJ
position in the Territory, such as had seldom
been witnessed. CPD
1t was asserted by its opponents that the
Charter had been granted without sufficient
consideration on the part Of the Legislature
having been first introduced on the 23rd of
February nine days previous to the day
of adjournment-that it really secured no
equivalent to the Territory in the shape of
resulting interest, and that it contained no re-
scrvatOn of the right to alter or amend at
any time thereafter, if such exercise of power
should ever become necessary. The excitement
upon the subject was SO intense that the friends
Of the Territory in Congress were induced to
igSert provision in the bill granting lands to
the Territory for the construction of a railroad,
that the donation shall "be subject to the dis
poSal of TIE Legislature thereof, for the pur-
pose aforesaid and no other, nor shall it inure
to the benefit of any company heretofore con-
siituted or organized
1t is needless for your committee to recap
itulate the facts connected with the FRAUDULENT
change of the word ''or' into "and" between
constituted" aud "organized," which took
place upon the engrossment of the bill and
which was effected in order to defeat the inten-
ton of Congress, and to secure the grant to
the Minnesota and North Western Company,
for they are familiar to the members of this
House. Nor is it within the sphere of the duty
assigned to your Ommittee to enquire by whom
the alteration was made, or who was its abet-
tors. The fact that the change was effected
and that it could inure only to the advantage
O. the company referred to, is indsputable
The bill thus mutilated passed the Senate and
it was not until it lad received the signature
Of the President, that the very important
Change in its phraseology was discovered. =
The Indignation of Congress at this gross at
great, that by an act which received the
sanction of the President on the Bird of Au-
gust last, it withdrew the grant of land from
the Territory.
But the charter company were not disposed
to yield, even after this decisive step on the
part ofthe National Legislature. In order to
test the right OF Congress thus to repeal its
own act, a trespass was committed, or alleged
to have been committed by the agents of the
company upon lands originally comprised with
in the donation, which was followed by a suit
on the part of the Government in the United
States Court of the first District against said
company.
Judge WEIGH decided upon the pleadings that
the repeal was not valid, and that the lands in
question belonged of right to Minnesota, and
that this decision was affirmed by the Supreme
Court of the Territory. Il
The cause was then transferred to the docket
Of the U. S. Supreme Court at Washington,
and so far as any knowledge has reached
your committee, it has not yet been decided.
Your committee have deemed proper to
make this brief, and as they are convinced,
. correct statement of the details of this extra
ordinary case, and it only remains for them
to express their views upon two points con-
nected with it, 14tI a-.ar-..'.'
1st. Snail Congress be memorialized by the
Legislature to diSapprove the charter granted
by the last Legislature, and-2nd. If the
charter is thus disapproved and annulled, and
the U. S. Supreme Court should affirm the de-
c;siOn of the Supreme Court of the Territory
will the grant of land made by act of Con
gress, approved oath June last 1854 inure to
Minnesota?
Your committee is of opinion that no time
should be lost in praying Congress to render
nuii-the charter although well aware that it is
q delicate matter to ask the = interference
of that body in Territorial legislation
Under none. but tie most urgent and impera-
tive circumstances, could your, committee be
induced to recommend an appeal to such inter-
ference. In matters connected with the ad-