The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1861-01-11

ID detail. Ihe lesson taught thereby is easy
to comprehend, and has been no doubt well
learned. fq''fs sA0 wA
It is now confessed by all that the
State prematurely entered upon the railroad
enterprises Of 1857. Had its action been
confined to the disposal of the Congressional
Land Grant, it had been we'll, but the
conditional loan of State credit, superadded
to the gift of lands, and the futile results of
scheme from which so much was promised.
have satisfied the most enthusiastic of the
lmprudence at all times of loaning the credit
of State to private corporations, and the
special folly of attempting by such means
to accomplish enterprises in advance of the
necessities and requirements of acommunity's
material interests.
The terms upon which the loan was
conceded not having been fulfilled by either
of the railrond companies receiving it.
default followed, and it became within the
power of the State, by enforcing the
forfeiture, to again resume control of her
land grant. The Act OF March 9th, 1859,
required of the Governor to foreclose or
cause to be foreclosed, the trust deeds of the
defaulting companies and authorized him in
his discretion, at the sale on such foreclosure
to bid off and purchase the property, rights
and franchises, covered by the trust deeds,
for and in the name of the State, and to
make or cause to be made the necessary
cOnveyances to the State. =
Pursuant to this Act, the trust deeds of the
several companies have been foreclosed in &C.
cOrdance with the terms of the respective in
struments. This was done at my request by
the Trustees of the Minneapolis and Cedar
Valley Company, and by my own action in
the other cases, on the neglect and refusal of
the Trustees to proceed. The forfeited lands,
rights, franchises and other property of ali
foreclosure sale in the name and on behalf
of these companies were purchased at the
of the State of Minnesota, for the sum of one
thousand dollars in each case, for the pay
ment of which an appropriation will become
necessary.
Prior to the sale of the property and fran
chise of the Transit, Southern Minnesota,
and Pacific Companies, temporary injunctions
were served upon me, proceeding from the
District Court of the Second Judicial District,
in and for the County of Ramsey, enjoining
me from proceeding further with the sales
then just about to take place. Knowing that
injunctiOns of that nature are granted ex parte
and as OF course, my conviction that the
Chief Executive Officer of the State, in the
exercise OF his official duties is independent
OF the other coordinate branches of the
Government, did not impair my confidence
in the integrity and sound judicial wisdom of
the Court from which the mandate issued, al
though that conviction led me to disobey it.
] should not. however, have deemed it
advisable to proceed with the sales, had it
not been my opinion, confirmed by the adj
vice of the Attorney General, that the
grounds on which perpetual injunction
was asked, were untenable, and that the
sales could never be successfully attacked
and set aside; and further, that it was par
ticularly desirable for the State to retake
her grant before the present session.
Such is a history of Executive action in
this regard since the adjournment of the
last Legislature. By this action. as was
contemplated, the State has again become
possessed of her munifcent Congressional
land grant, and the franchises of the late
companies have reverted In short, we are
in the same condition as to Railroad lands
and Railroads as On the day when the
Legislature of 1857 assembled in extra ses-
sion, except, that we have about two hun.
dred and forty miles of graded road bed,
and something over two and quarter mil
lion dollars OF conditional State obligations
out standing, as perpetual warning of the
folly of attempting to legislate Railroads
into existence, before the demands of trade
and transportation of abundant surplus pro-
ducts, of themselves offer temptations to
capitalists to undertake their construction.
The extent and value of the existing ag-
ricnltural surplus, and the certainty of its
constant and rapid enlargement, the growth
ofpopulation, and the continually increasing
value of the Railroad lands seemed to iusti.
fly the expectation that propositions would
be laid before you by individuals or compa-
MES of capital and experience, who would
undertake the completion of some portion,
at least, OF our railroads. But in the present
discomposed state of the public mind, it may
happen that no parties will come before you,
ready to furnish that security for the
performance of their agreements, which,
l trust, in any future disposition of what
ever portion of our railroad property, the
State will insist upon receiving.
Yet it is desirable at least-and, perhaps
for the reason just assigned, this is all that is
now possible,-that you place upon the Stat
ute book some law general in its terms, yet
well guarded as to the provisions for security
of the State, by compliance with which capt.
talists may, if they desire, at any time be-
come entitled to the lands and other railroad
property of the State along the line OF lines
which they shall propose, with a deposit of
pledges, to build, without either the expense
of converting an extra session, Or the delay of
waiting the next regular session.
In any legislation regarding the transfer of
cur railroad lands, desire your attention to
be directed to the claims of certain settlers
thereon prior to their location by the late
companies, whose rights have reverted to the
State from their inability to pay for their
claims at the recent land sales. The enforce
ment of our strictly legal rights in the prem.
ises, will work great hardship to worthy
and industrious class of citizens, and sully
the honor of the State by an act of fragrant
injustice. You should therefore extend to
them every protection compatible with the
interest of the State.
An amendment to the Constitution ratified
at the last election in effect requires that any
law levying taxes for the payment Of the
Railroad Bonds of the State, must be sub
mitted to vote of the people. There are
numerous reasons why an early settlement of
the question relating to these bonds is desra-
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