The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1858-11-18
Local Affairs.

SCPAnnn COCKT.-beI0re lion. Ilaiay ettc
Emmett, U. j., and Associate Justices At
water and FIsndrau.
In the matter Of the application OF the
Minnesota and Pacific Railroad Company
for writ Of msndsmus, To require Governor
Sibley 10 issue and deliver 10 said company,
certain Minnesota State railroad bVnds,
Chief Justice Emmet ON Wednesday last deli
verod the decision Of the court directing the
rnandAmus 10 issue against the Governor,
requiring him 10 deliver 10 the Company the
bonds Of the State, and 10 receive from the
company their bonds n security, without
priority Of lien.
Justice Flsndran disscnted from the
opinion OF tho court.
Written opinions. in this Gaze, will be- an.
nouncei hereafter
Michael Cummings, appellant, 10. I. V.
D. Heard. administrator, &C.. respondent.
This WA On appeal from decision made by
In lssm@y county. under tho Territory, sus-
tsining demurrer TO part Of tho defend
ants answer. Justice FlaDdrau delivered
the opinion OF the Court, diminishing the up.
peal on the ground that the decision Of the
Court below u not an sppealable one.
Newall Tor appellant; Wilkin 4 Heard for
respondent.
Leonard l.. Smith, respondent, Us. j. 9.
Gates. appellant appeal from tho District
Court Of Ramsey county. Not concluded
Tux MAsDAxUs CA.E--In tho Supreme
Court on tho 10th, Chief Justice EMMETT dc.
livcred tho opinion Of the Court, granting q
writ OF Mandani,is on the Governor, requir-
ing him IN issue TO the Minnesota aud Pa
ci6c Railroad Company certain State bonds,
and receive ~ security therefor, the mort
gage bonds Of the Company, without prior.
ity OF lien. Justice Flandrau dsscnted.
To enable our readers TO understand fully
the nature Of the differences between tho
Governor and the Railroad Company. we
present herewith. tho conditions laid down
by tho Governor in August last, u compIi.
anoc with which on the part Of tho Railroad
Companies. he demanded ~ q pre- requisite
10 tho Issue Of tho State Bonds. We quote
from the Executive journal:
Executive OyrIOx,
Sr. PAW, Aug. 1, 1853.
The kailrosd Companies will DO required,
before receiving the bonds Of the State
FWa.--T0 show to tho Satisfaction of tho
Governor, that they have fully complied with
tho preliminsries Of tho law. with reference to
tho time of commencement of tho work, within
the 80 days, &C, &c.
Sscoed.--rh,t ten miles Of tho road have
been graded In good aud substantial manner.
with bridgos, ou'vefts. &c. completed. ready
Tor reoeiving tho supcrstructnro. and that tho
work has been performed IN relation to tho
terminI, 40 ~ to show bona hds intention
to complete tho road.
1hWd.-~T0 deliver 10 tho Governor an 10.
strament duly executed, aud acknowledged,
containing an obligation, binding ia Law. upon
the several companies, 10 secure u tho state
for the payment Of Interest upon the honda,
the net profits Of each road also
A conveyance to the State In such manner
aud form ~ may he prescribed by tho Cover
nor. Of tha arst A0 sections Of land which each
company may receive from the grant, free from
all prior incumbrancss, and which shall en-.
body . covenant that tho land shall be fairly
and eJu.Ably selected, Immediately upon tho
respective companies receiving the title there
to, 10 tho satisfaction Of tho Governor also
4 dsposa " G'a mortgage bonds oT sueh
company, saas 10 fhe Atate, bIssd upon a Died
Of tr.d % ths State, equal N amossf the State
bonds ,ssSd 10 such eympaay, rh,eh decd ~
Eaa 'ssu specify ~, .oriy 81 lea 10 .ueh bond,
~ hs company may d'!,esr 20 hs STATE ~ e.
change Cpr hsV bonds.
Tho form Of tho decd IL trust shall be submit
ted 10 tho Governor Tor his approval, IA we'll
with reference /, its several contents A. 10 tho
security Of tho state contained therein,
t o. ssa BIN of Novc% sss' the Governor sss
in reply to "a communication -cu lived from
JAMES W. TAYLOR, Secretary OF the NJ. 4
l.. u. X, Co, making application for the
issnc 10 that company OF State Railroad
bonds, addressed to Mr.. TAYLOR commu-
nicaiion declining a. issue 10 the company
with which be is connected. tho bonds asked
for, IN the GROUND that the mortgage bonds
of the company, protier,d AZ security. did
not provide Tor u priority OF lien upon thu
property oi the company. Tho letter OF
tho Governor is ~ follows:
EyNcurtvn Ovrics, Mianesots,
~. Paul, Nov :, isSs.
Jas W. rAvLoa Secretary Of the NJ, SP, L.
4. TO. t.
Your commune alton addressed TO me by or
der Of the hoard Of Directors OF the Railroad
Company, Of which you are secretary, has
besn received, together with certain documents
porpurtns To ba--
Here follows n list Of documents for
war,id by Mr.. rAvLoe cmbcdy,ug the Sc
curitios provided for by the amcndment to
the Constitution
Upon . hasty examination OF the trust deed,
perceive that II does not comply with the
Govcraos's construction of tho amendment to
tho Constitution. authorizing the loan Of state
Credit, in providing for Aptinrity Of lien upon
I property ~ the Company, ol every descrip-
ton, Tor the bonds issued or to be issued by
fhe Company, ~ thu state. To correspond with
the MinnesotA state Railroad bonds, which the
Govetaer " required by law 10 deliver Ia the
said Company upon certain coalitions. eoas,.
yss1fly dsci,ns Ia dri,rsr any " TIC sad Niafs
bonds ~ tA Cor'pars 1nid hI proc. ION ~h,eA
I dss~ 81 b. u PRIMARY 's,f's isncs, - ,assitsd
W fAs sasd trust dssd
have not deemcd u necessary Ia examine
the other documents informally placed ia this
Office, A. they cannot be received By ne a.
basis upon which tho state bonds arc to DO
issued. until the trust deed IA amended in the
manner have above Indicated,
That you may DO officially notified OF the re.
quirs meats OF tho Governor, asa condition to
the delivery of tho state bond. 10 the respcc
tive Railroad Companies, enclose herewith a
copy from the Executive Journal, of such re.