The daily Minnesota pioneer. [volume] (St. Paul, Minn.) 1854-1855, 1855-01-30
Minority Report of the Judiciary Com
mittce on the M. Il N. w. Railroad.

The undersigned, minority of the Commit
tee on the Judiciary to which was referred
that portion of the Executive Message relating
to the act of the 4th of March last, incorporat-
ing the Minnesota and Northwestern Railroad
Company, the act of Congress of the goth of
June. 1894, granting certain Iands 10 this Ter
ritory, and the alteration of the text thereof,
pending its passage in the House Of Represent
atives, the act of Congress of the 4th of August
last repeating the granting act, and also the
desire of the people in reference to the said act
of incorporation, expressed in the following
words, that is to say:
at is therefore evidently the will of the peo-
pie that it should be SO disapproved by Con-
gress at it's present session."
Respectfully
REPORT.
With the matter of the alteration of the act
Of Congress, granting lands for the purposes of
the road, by one Of its own sworn officers, it
would seem, that we have nothing whatever to
do. That body has ample power to protect
its own dignity and vindicate its own
own, and, it is believed, that we are not called
upon to sit in judgment or pass sentence upon
any officer of that body, nor upon his acts.
The House of Representatives thought fit to
have the subject investigated without calling
for our assistance, and the result was that their
committee reported that the officer was inno
cent of any Intentional wrong, and that no
fraud had in fact been committed.
And, indeed, it is generally conceded now,
by enlightened jurists and lawyers, tina. the al
teration was merely verbal, and did not change
the meaning of the act, which must be derived
from all the language used in it, taken as a
whole. and not depend upon the construction
of single word.
But if the alteration was material and the
officer merited strong condemnation, how much
more reprehensible would be the conduct of
this Legislative Assembly, to whom is confded
the trust of protecting the Peoples honor and
of preserving the public faith inviolate, should
it seek directly, or indirectly, to annul So
Tenn legislative contract, for the performance
of which the public faith is pledged.
That contract has been deliberately made and
accepted. Both the parties to it have taken
upon themselves obligations which cannot be
dissolved but by mutual consent.
One million of dollars to the capital stock
has been subscribed upon the faith of it, and
one hundred thousand dollars of that amount
ed by our judicial records that the Company
actually commenced the location Of their track,
thus giving evidence of good faith as well as
ability to comply with the contract on their
part. And shall We arrest their progress by
repudiating it on our part? What humiliat-
ing spectacle to every friend of the Territory
to witness her in such position before the
world at large, held up to ridicule and scorn,
bearing dishonored name and q blasted Gre
dit in every financial circle! What madness
and folly for her now, when all the people of
the Union are directing an admiring eye upon
her, and predicting an honorable and brilliant
career, to disappoint those high expectations
and cover her name with shame!
If one contract is to be violated, NAV not
another be: What security could be given to
any other company that they should not share
like fate? Nay, where is the prudent man
who would risk money upon q mere charter.
when he had witnessed the destruction of
large amount Of property, raised upon the faith
of this one! But to say nothing of the injus-
tice ofrescinding the charter. where is the pow
er to do it 1t has not been reserved to the
Territory, nor is there any known law recog-
nizing the right Of one party to rescind a con-
tract without the consent or default of the
other. If this company fail to comply on their
part, it belongs to the judicial tribunals, and
not to this assembly to apply the proper RENE
dy. If an individual member Of that company
has committed q wrong at Washington or else
where, is that a reason why the Territory or
Congress should commit q still greater wrong,
by annulling its charter and destroying its pro-
perty On the other hand, il one of its mem
bers should be falsely imprisoned under color
of our laws, would that be . sufficient reason