The weekly Minnesotian. [volume] (Saint Paul, Minn. Territory) 1852-1858, 1855-03-24
enealing act of August 4. 1854. and thus rails.

lands granted to the Territory of Minnesota by
the act of Congress of June 20, 1854, in aid of
the construction of q railroad in said Territory
That the cause was heard in the United States
district court of the first district, in the county
of GOodhue, at the November term of 1854.
when the demurrer was sustained, and judg
ment entered for the defendant that an appeal
was taken thence to the supreme court OF said
Territory, wherein the cause was again heard,
at the December term of said court, and the de-
cision and judgment of the court below affirm
ed. Thence writ of error being sued out by
the district attorney, on behalf of the United
States, the case was brought into the Supreme
Court of the United States, wherein it is now
pending. The question having been thus pre-
scented, involving the rights of the United States
on the one hand, and those of the Territory and
company on the other. the committee can per-
ceive no reason why Congress should, by its in
reference. attempt to influence the decision of
q question, the adjudication of which belongs
| exclusively to the Supreme Court of the United
States. Should this court decide that the Unit
ed States has parted with its title to the lands,
notwithstanding the repeating act before refer
red to, the government can have no interest in
following the grant into the Territory of Min
nesota, for the purpose of controlling the legis-
lation thereof and determining what particular
company shall be entrusted with the construc-
ton of the contemplated road.
The committee is aware that the act of March
3, 1919, 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 Con-
gress of the United States, and, if disapproved,
shall be null and of no effect ;" but it does not
believe that it was the intention of that act to
give to Congress the power to interfere with
the domestic and municipal concerns of the
| poop1n Of tho TnrritOrv Init that If NO rioip-
ally intended as a check upon wild and extra
VACANT. or hurtful and oppressive legislation.
This view of the spirit and meaning of the act
is strengthened by the fact, that the same Sec
ton of the act which reserves to Congress the
power to disapprove conferS upon the legisla-
cure Of the Territory the right to legislate
upon all rightfM subjects"
1t is not alleged that either of the laws pro-
posed to be disapproved by the joint resolutions
under consideration is hurtful or extravagant.
or that the subject of legislation" is not a
"rghtful'' one. The laws themselves are the
mere transcripts Of acts passed upon similar
subjects in the States, are no more objectiona-
BILE; and the only reason urged for their dsap-
prevail, so far as the committee has been in
formed, is, that the Governor who approved
and the secretary of the Territory who certified
the laws, are corperators under them and it is
assumed that they are, therefore, 'beneicia-
ries." This conclusion is neither sustained by
the facts nor by legal and just inference. A
corporatOr is the mere agent of the company
whose duties are prescribed by law; and in the
case of the act Incorporating the Minnesota and
Northwestern Railroad Company their duties
were to accept the charter, open books for the
subscription of stock, give notice to the stock
holders when definite amount had been sub
seribed, and pay over to the proper officer of the
company. when organized, the per centage re.
ceived upon the subscriptions. These things
done. the functions of corporator ceased; MOI
was the incorporation, under this act, henef
ciary, even so far as to receive a compensation
for the acts performed by him. The only legit
innate means of becoming interested in the com
pany or a beneficiary" under the law, was
by subscribing for portion of the capital stock
This both the governor and the secretary had +;
right to do; but not having availed themselves
of it, they have no interest in the company
and, consequently, are not beneficiaries.
By disappearing the act of incorporation O
the Minnesota and Northwestern Railroad
Company" should the Supreme Court decide
that the grant Of lands was good to the Terri
tory and the act of Congress of August 4
54, unconstitutional and imperative, it would
have the effect of legslating the lands granted
to the Territory out of the hands of one com
pany into those of another, and thus deprive
the people of the Territory of the right to Sc
lcCt tuC COuipdliy w UulIQ buc IOdu. OuCu IL
+ not the policy Of the government, as is mani
tested by its aoquiescence in the legislation o.
the Territories heretofore.
Had Congress intended to exercise q general
supervisory power over the legislation of the
Territories, and the regulation of their munic
ipal affairs, it would have done it in direct and
positive terms and not by vague and mega
tive reservation of such power. The act would
have declared that the laws passed by the leg.
H.
til submitted to and approved by Congress.
But even supposing that Congress does pos
scss that general supervisory power over the
legislation of the Territories, there 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 rea-
SOndbke time, and what a reasonable 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 sufferance adds
to their strength and permanency, it is incum-
bent upon Congress to act without delay. As
soon, therefore, as the existence of such an act
is brought to the knowledge of Congress, JUS
tice requires that 1t should be acted upon. If
it 10 not, the natural and legal presumption
arising by the delay serves as an encourage
ment to those having interests involved under
it to prosecute the objects Of such act and the
power to disapprove it would be forfeited
Did different rule obtain and Congress had
the power at any time to disapprovc territorial
enactments, no right acquired under such enact
ments, no matter how long enjoyed, would be
either certain or sacred from violation. Were
such rule to be insisted upon. the spirit of
enterprise and improvement would be not mere
ly checked. but absolutely destroyed; the sour
ces of wealth in the great west would remain
undevelOped; business operations would be
paralyzed; the settlement of the Territories
delayed, and the millions of acres annually
subdued and made productive by the sturdy
and industrious pioneer, would remain wild
and uncultivated waste. All law, by reason of
the uncertainty of part, would soon become
obnoxious to people who suffered from its OBJ
servance; lawlessness would be the result and
the evils consequent upon such a state of gov
eminent would be incalculable.
1t will be recollected that all laws passed by
the Legislative Assembly of Minnesota 20 into
operation as soon as they are approved by the
Governor, unless therein otherwise provided;
consequently, those which it is now proposed
to disapprove have been in actual force for
nearly twelve months. Of this time, Congress
has been in session eight months, five of which
Immediately succeeded the enactment of these
laws. The act incorporating the Minnesota
and Northwestern Railroad Company" was
formally laid before Congress in the reports of
its committees, at the last session. and restric-
tions were proposed by these reports, upon the
10th section of that act; the only Objectionable
feature then discovered in it, and that only to
become operative in case this company should
to occpNt tho nhortor. opJ o,y,,