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

contained in the anticipated act of Con-
yress, from the southern boundary of said
Territory, by the way of St. Paul, to some
point ON Lake Superior. That on the Sd
day Of April, 1854, agreeably to the provi-
sions of said act of incorporation, major
ity of the corporators therein named, a.
mongst whom was neither the governor or
secretary of said Territory, met in the ci-
ty of New York, and determined to ac-
Cept the charter under said act, and gave
notice of their acceptance to the governor.
That on the day of May, 1854, books
were opened in the cities of St. Paul AID
New York to receive subscriptions for the
capital stock in said road. That on the
Both day of June, 1854, over million of
dollars of the capital stock in said road
having been subscribed, and ten per cent
thereon paid in, the stockholders met,
pursuant to notice, in the city of New
York. on the LIST day Of July, 1854, and
selected twelve directors, three of whom
were citizens of Minnesota, which said d.
rectors, so chosen, on the same day COM
pleted the organization of the company
by the election of president, vice presi-
dent, secretary, treasurer, and solicitor
That the officers so elected accepted their
Offices, and entered upon the discharge of
their respective duties; procured an office
wherein to transact the business Of the
company; employed engineers; purchased
and shipped supplies to proper and con-
venient points near the line Of said rail-
road; entered into important contracts;
assumed heavy liabilities. and incurred
large expenditures of money in preparing
for the p. osecution of the work That Oh
the Goth day of June, 1854, an act entitled
" An act to aid the Territory of Minneso-
ia in the construction Of railroad therein"
was approved by the President; and the
belief that the lands so granted enured to
the benefit Of the minnesota and North
western Railroad Company" induced the
subscription of large portion of the cap
ital stock of said road and the payment OF
the first installment due thereon; and that
it also induced the said company to COM
mence the survey of the route, to enter
into contracts, assume liabilities, and in
cur additional expenses.
That on the 4th day of August, 1854,
and alter the stockholders in said Compa
ny had subscribed over a million of dol
lars of the capital stock and paid over one
hund ed thousand dollars thereof, and
had perfected its organization, employed
its engineers purchased and forwarded
su plies for its employees, commenced the
survey and location ofthe road, entered
into important contracts, assumed liabili-
ties, and incurred heavy expenses, an act
entitled San act for the relief of Thomas
Bronaugh, and for the repeal of an act to
aid the Territory of Minnesota in the con-
struction of railroad therein, approved
Goth June, 1884," was passed by Congress
and approved by the President.
That on the Odd day of October, 1854,
while the Minnesota and Northwestern
Railroad Company was engaged in the
survey and location of said road, an action
in trespass, in the name Of the United
States, was commenced by the district at
torney of the United States for the terrific
ry of Minnesota against said Company !;
that the agent of said company being in
St Paul at the time the suit was institu-
ted, accepted service of process; and, for
the mutual accommodation of all parties
connected Herewith, the pleadings we're
Immediately made up; the declaration al
leging that the minnesota and North
western Railroad Company had entered
upon certain lands belonging to the Uni
ted States, and had cut and carried away
FIVE hundted ees of the value. dc.
The defendant answered, admitting the
entry upon the lands described, and the facts
of cutting and carrying away tie trees, but
justified the trespass, and pleaded the act Of
incorporation passed by the Legislature of the
Territory of Minnesota, March 4, 1854, and
set up the facts Of the acceptance of the char
ter; the opening of books for the subscrip-
ton of stock; the subscription of over mil
lion of dollars; the payment of the enstal-
ment due thereon; the organization of the
company, together with all the material facts
connected Herewith, and also to the act of
Congress OF June 20, 1854, making grant
OF land to Minnesota in the construction of
railroad between the points designated in the
act Of March 4, 1854, incorporating the Min
nesota and Northwestern Railroad Company.
10 this plea the plaintiff, by the United States
district attorney, replied by setting up the act
Of August 4, 1854, for the repeal Of the grant
ing act Of June 20, 1854. To this reply the
defendant demured, putting in issue the con-
sttutonality and validity of the repeating act
OF August 4, 1854, and thus raising the only
question in which the United States had in
terest' to wit: The title to the lands granted
to the Territory Of Minnesota by the act Of
Congress of June 20, 1854, in aid Of the
construction OF railroad in said Territory.
That the cause washeard in the United States
district court of the first district IN .La 49,.