Minnesota weekly times. [volume] (St. Paul, Minn.) 1854-1859, 1855-02-13
af(inlresota Gln&s.
FRIDAY, FEBRUARY 9, 1855.
CASE OF JOHN f.. WARREN.

CASE VI JOHN Es WAhhEN'
We have q voluminous volume of ducuments'
transmitted by the President of the United States
10 the House of Representatives on the Zeth OF
December, 1854, relating to the suit against the
Minnesota and North Western Railroad Compa-
nv. but we do not consider their publication ne
cessarv to correct understanding of the matter
,oder discussion. The material points in the
case are these:
I. Il is made the duty of all District Attor-
neys precious to commencing suit for the Uni
ted States, to first receive instructions from the
Solicitors Office, ssexcept in extraordinary cases
where the remedy or lien of the United States
would, in the opinion of the District Attorney
be lost or endangered by delay; and IN such case
he will Immediately communicate to the Sollctor
of the Treasury what he has done, with his rea-
sons therefore.
9. When any suit shall have been commenced
by the District Attorney, it is obligatory on him
10 inform the Solicitor of the United States and
be guided by him, and to transmit to him the ne
cessary papers to full understanding of the
case.
Il seems that Mr.. Warren commenced the
suit against the Railroad Company, without these
form the Solicitor of what he had done, which
was in direct violation of the law, and in the
opinion of the President and the Attorney Cen
eral, deemed a sufficient cause for his removal.
Mr.. Cushing, after reviewing the matter at
length, says:
So that the case is plainly this: The District
Attorney has brought an action of trespass, in the
name of the United States, not for the purpose
of redressing a trespass on the public domain,
but of irving the title of the United States to the
tract of land originally cedcd to the Territory of
Minnesota to aid in the construction OF Rtl-
road.
The interests of the United States, of the Terri
tory of Minnesota, or of the settlers on the pub
lie lands, might require judicial investigation of
this matter and in one form or another 1T would
not be unlikely to find its way, sooner or LATER to
the Supreme Court. But the question of the pro-
priety of an action in the name Of the United
States for such purposes, as also that Of the
pleadings and issues in the case, was one for the
Executive or the law officers of the Government
here to determine; and in presuming to take the
question out of their hands, to act independently
Of them, and to make up issues of appeal, which
in their judgment may be partial, insufficient, or
otherwise not calculated to further the ends of
Justice, the District Attorney disobeyed standing
instructions and disregarded his official obliga-
tions.
Upon these facts and considerations, as made
known to you in complete detail from day to day
by the Secretary of the Interior or by myself, you
have already ordered the removal of Mr.. Warren,
for the reasons stated in the letter written under
your direction, of which copy is annexed.
This letter was directed to the President, who,
after deiberation caused MIR. Warren to be re-
moved.
Mr.. Warren, in justification of his course, sta
Al L oekl~ k,ck
he had never received any from the Government,
that what he had done, he had done in good faith.
In further extcnuation Of his conduct, he states
that when he came into Office, he found matters in
disordered condition, in consequence of the sud-
den death of his predecessor, and that had he been
aware that it was his duty to write for instruct
ions from the Solicitor, he should have done SO.
We have thus given both sides of the question,
with no disposition to place MIR. Warren in false
light. We do not believe that he has acted with
any dishonest motives, but it seems very strange
to us that gentleman of his intelligence, occu-
pying the position of the United States District
Attorney for the Territory of Minnesota, should
b. ignorant of his duties to the General Govern
ment, when he had sufficient time to make himself
acquainted with the law. There exists but little
doubt in our own mind, but that he was duped by
designing men, who, in their eagerness to make
him fit instrument in carrying out their damna-
BILE schemes, have only placed him in ridiculous
light before the public. Let others take warning.
VETOED:
Tho amendments to the charter of the Minneso-
tn and North Western Railroad Co. which were
placed into the hands of the Governor, on Wednes-
day noon, received his veto yesterday morning.
The friends of the amendments contemplate hold
ing nm Indignation meeting for the purpose of re-
moving His Excellency Immediately.
We learn that Mr.. Murray gave notice in the
Council yesterday, that some future day he
would introduce joint resolution praying the
President to remove the Executive rs he had been
"naughty boy"
In this instance Governor German has main
tanned his consistency, and we honor him for it.
The LEcIsLArURE.-This body joys along like
one of Frink & Walkers slow coaches, except
when there is any money ahead, and then they
whip up the leaders on a full gallop. 1t would
be deal better for the pocket of the General
Government if the members would adjourn imme-
diately and seek their respective places of abode
Among other Bills introduced, VIC find the follow
ing:
bill granting to mechanics and others lien
upon houses and other property.
bill for a line of telegraph from St. Paul to
St. Anthony and Minneapolis.
Mr.. Davis gave notice of "a bill to incorporate
the st. Paul Literary Association
Yesterday, in the House, petition from Miss
Helen NJ. Pratt, praying for d,voroo from
j. Q. A. Ward, was presented by Mr.. Davis. Re-
fcrred to the committee on Judiciary.
The memorial to Congress, asking for an ap-
preparation for the Territorial Prison at SILVIA.
ter, was read third time and passed. This is a
good idea; rogucs increase in number it is we'll
that there should be a good secure place to put
them in.
In tho Council memorials asking various APP
preparations for clearing out the Mississippi
river above and below st. Anthony and also the
Minnesota river, amounting to 900, were pas
sed. With this exception the Council did moth
ing of Importance on Wednesday.
FoNsEcA.-This gentleman has removed with
his stock of Goods, to the store recently occupied
by l.. & c. II. Mix, in the Empire Block, nearly
opposite our Office. He has on hand fine assort-
ment of Goods, and in the Spring contemplates
large additions. The ladies will not forget to