The weekly Minnesotian., 1856-01-26
The Railroad Suit.

The Railroad Suit.
The following communication comes to US
accompanied by somewhat lengthy letter
from Mr.. Lowber, the President of the
Company, to Mr. McClelland, Secretary OF
the Interior. 1t is utterly out of our power
to comply with Mr.. Rice's request to publish
both in one issue of our paper; but the
communication of Mr.. L. shall have place as
soon as we can make room for it:
To the Editors ofthe Daily Minnesotian =
As some misapprehension seems to exist in
regard to the suit pending in the Supreme
Court of the United States, between the
United States, plaintiffs in error, and the
Minnesota and North Western Railroad Co.,
defendants in error, wish to state that the
writ of error has not as yet been discontin-
ued, the time appointed for hearing the mo-
ton therefor not having arrived. The ac-
companying memorial throws so much light
upon the transactions of the Company and
progress of the suit, as to render it an object
of interest to the community, and shall be
greatly obliged if you will publish it.
1t may not be improper to add, that the
Company have advised me that should the
Secretary of the Interior still decline to re-
consider his decision, they will resist the
motion to discontinue the writ of error
failing in which, they will institute Legal
proceedings, based upon the judgment of the
Supreme Court of our Territory, which is
binding upon all the world in every collate-
raj suit, and compel the proper officers ofthe
Government, by ma'adamus, and otherwise, to
recognize the right of the Company to the
lands, granted for the purposes of the road,
by the Act of Congress of the Goth of June,
1854.
And further, that the surveys lately sus-
pended by reason of the cold weather, will
be actively resumed early in the Spring, un-
der greatly increased force of Engineers,
and the whole road permanently located as
soon as may be practicable.
Thus you will perceive, that notwithstand-
ing the intimations contained in the memo
rial, the Company are determined to pro-
ceed with the construction of the road, what
ever of yicissitude may happen, so long
as the people of the Territory do not desert
them.
But in view of the embarrassment under
which they will labor should they fail to OBJ
tain decision of the suit upon its merits,
in the Supreme Court of the United States
at its present term;-a Court to whose man
dates Cabinet Ministers as we'll as the Chief
Executive of the Union must, Of course,
submit-they ask that the respective periods
within which portions of the road and tele-
graph are required to be constructed, may
be extended two years, so that they make
the lands available to aid them in the con-
s.ruction Of the road, but they are willing
that the act extending the time shall be SO
framed as to be void in case they obtain an
afirmance of the judgment of our Supreme
Court. Without an extension, and without the
lands it could hardly be expected that the
company would proceed further, but would
rather retire, feeling that although they have
lost thousands of dollars in the enterprise,
they have not failed in their duty to the
Territory.
The refusal of the government to prose-
cute its own appeal would be pretty strong
indication that the judgment appealed from
cannot be reversed; otherwise, why not sub
NIT it to the Court at once and thus get rid
the whole controversy?
Whether it would be right for the Gov
ernment to refuse to have the suit thus de-
termined and so stand in the way of the
progress of our Territory, is a question like
ly to occur to every one.
The road, however, is very far from being
dead; but on the contrary, it will be upon
really a sounder basis than ever should the
Legislature grant the company time to make
the lands available, in case the suit now
pending is not determined this winter.
The interests of the Territory and the
Company would seem to be one and identi
cal; but that is a question for the Legislature
and not me, to determine.
With entire respect, your ob't servant,
EDMUND RICE,
Agent of the M. & N. w. R. R. Co.
St. Paul, January 18th, 1856.