The daily Minnesota pioneer. [volume] (St. Paul, Minn.) 1854-1855, 1855-03-23

thereof, and determining what company shall
be entrusted with the construction Of the con-
templated road.
The committee is aware that the act of
March 3, ls49, for the organization of the
territorial government of Minnesota, provides
that "all the laws passed by the Legislative
assembly and governor shall be submitted to
the Congress of the United States, and, if
disapproved, shall be null and of no effect :"
but it does not believe that it is the intention
of that act to give to Congress the power to
interfere with the domestic and municipal
concerns of the people of the Territory; but
that it was originally intended as a check up
on wild and extravagant, or hurtful and OPP
pressive Legislation, This view of the spirit
and meaning Of the act is strengthened by
the fact, that the same section of the act
which reserves to Congress the power to dis
approve confers upon the legislature of the
Territory the right to legislate upon all right
fM Subjects"
1t is not alleged that either of the laws pro-
posed to be di>approved by the joint resolution
under considerations hurtful and eAtravagant,
or that the "subject of legisla ion" is not a
"rightful" one. The laws, themselves, are
the mere transcri pts of acts passed upon SIM
liar subjects in the States. and are no more
Objectionable; and the only reason urged for
their disapproval, so far as the committee has
been Informed, is, that the governor who APP
proved, and the secretary of the Territory
who certified the laws, are corporators under
them; and is assumed that they are, there
fore, "benefciaries" This conclusion is nei-
ther sustained by the facts nor by legal and
just inference. A corporator is the mere
agent of the company whose duties are pre-
scribed by law; and in the case of the act
incorporating the Minnesota and Northwest
ern Railroad Company their duties were to
accept the charter, open books for the sub
scription of stock, give notice to the stock
holders when definite amount had been
subscribed, and pay over to the proper Off
Ger of the company, when o ganized, the per
centage received upon the subscriptions
These things done, the functions of corpora
tor ceased; nor Was the corporation, under
this act, beneficiary, even so far as to re-
ceive compensation for the acts performed
bv him.
The only Legitimate means Of becoming
Interested in the company, ora beneficiary"
under the law, was by subscribing for por-
ton Of the capital stock. This boil, the gov
ernor and secretary had right to do; but
not having availed themselves of it, they
have no interest in the company, and, conse-
quently. are not benefciaries.
by disappearing the act of incorporation
of the minnesota and Northwestern Rail
road Company" should the Supreme Court
decide that the grant of lands was good to
the Territory, and the act of Congress of Au-
gust 4, 1854, unconstitutional and inopera-
tive, it would have the effect of legislating
the lands granted to the Territory out of the
hands Of one company into those of another,
and thus deprive the people of the Territory
of the right to select the company to build the
road. Such is not the policy of the govern
ment, as is manifested by its acquiescence in
the legislation ofthe Territories heretofore.
Had Congress intended to exercise gen.
eral supervisory power over the legislation Of
the Territories, and the regulation of their
municipal affairs, it would have done it in di-
rect and positive terms, and not by vague
and negative reservation of such power
The act would have declared that the laws
passed by the Legislative assemblies should
not 20 into effect until submitted to and ap.
proved by Congress.
But even supposing that Congress does
possess that general supervisory power over
the legislation of the Territories, Their; being
no time limited within which the power
shall be exercised, all the rules of justice,
reason, and law require that it shall be done
within reasonable time," and what ,eas-
enable time is must be determined by the
circumstances.
In acts of incorporation, where individual
rights are always necessarily more or less in
volved, and where each days sutierance adds
to their strength and permanency. it is in
cumbent upon Congress to act without de-
lay. As soon, therefore, as the existence Of
such an act is brought to the knowledge Of
Congress, justice requiIes that it should be
acted upon, If it is not, the natural and le.
gal presumption arising by the delay serves
as an encouragement to those having inter-
ests involved under it to prosecute the objects
Of such act, and the power to disapprove it
would be forfeited. Did different rule OBJ
tain, and Congress had the power at any time
to disapprove territorial enactmants, no right
acquired under such enactments, no matter
how long enjoyed, would be either certain or
sacred from violation. Were such a rule to
lie insisted upon, the spirit Of enterprise and
improvement would be not merely checked,
but absolutely destroyed; the sources of
wealth in the great west would remain I'M
developed; business operations would be
paralyzed' the settlement of the Territories
delayed, and the millions of acres annually
IL. I 1 IL