Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-07-13

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struction of line of railroad from Brainerd to
Watab, equitably belong to the plaintiff upon
the payment of certain claims held by the re-
spondents and Others for partly building that
line of road, and that the governor acting in
his official capacity for and on behalf of the
State, is wrongfully and unlawfully about to
sell and dispose of such. lands in parcels,
and to pass the legal title thereto which
is now vested in the State, TO such
parties as may become the purchasers at public
sale. Such disposition and transfer of title, it
is alleged, will greatly prejudice the equitable
right of the plaintiff to the lands, involve it in
multiplicity of suits and cause irreparable
loss and injury. Against this apprehended
wrong this action Is mainly directed. and the
only cause of action stated is the alleged
wrongful act of the governor by which it is
threatened to be accomplished. With this act
respondents are in no way connected by any al
legations in the complaint. 1t is not pretend
ed that they have or claim to have any title to,
estate in or possession of the lands, that the
governor is acting in the matter under any su-
thority derived from them, or that he is in any
way subject to their control.
They are powerless either to compel or to pre-
vent him from doing the acts complained of,
which it is alleged he is about to do.
They are therefore under no legal duty or liza
bility to the plaintiff in respect thereto, and
no action can be sustained against them on &C.
sion. The accounting asked for by appellant
| in respect to that portion of the claims held by
respondents which have been incurred in the
construction of the Brainard and Watab line
of road is sought solely in aid of the proven
tive relief of a perpetual injunction against
the threatened sale, and conveyance of the
land. It's object is to ascertain and determine
by q Judicial decision the amount of that POI
ton Of such claims to the end that the APP
pellant by paying the same or depositing the
amount thereof in court for that purpose,
may become equitably entitled to con-
veyance of the legal title from the State, and
| to decree restraining the sale. and transfer
of the title to other parties and this is the only
ground upon which the right to an accounting
| is based. If such preventive relief cannot be
had because of want of jurisdiction over the
only party against whom it can be enforced, it
| is evident that the auxiliary relief sought will
be of no avail whatever. and cannot be made
effectual for any purpose.
| No judgment which the court can render in
| this action between the plaintiff and the res
pondents alone, can effect the legal title to the
such title is vested, nor as against any of
its grantees for the reason that the State Is not
| q party to the action; and the lands themselves
| cannot be affected by any such judgment, for
| the reason that the action itself is
not a proceeding in law, and the property
has not been subjected to the jurisdiction of
| the court. In any view, therefore, the litiga-
/ ton which is sought to be continued and car
ried on between the plaintiff and the respond
ents alone must necessarily prove fruitless
and abortive and this alone is sufficient cause
| why court Of equity ought to refuse to enter
| tain it.
1t follows from these views, that the decis-
| ion of the court below was correct, both in its
conclusion and the ground upon which it was
1 plor limo hcyU he of
| appellants position, that the court erred as to
| the question of jurisdiction, the order it made
| must nevertheless be sustained for the reason
that the complaint discloses no equity or cause
of action emitting the plaintiff to the relief it
| asks against any of the defendants. Whatever
legal.o equitable rights appellant may have in
| the premises flow entirely from the legisla-
tive act of March LIST, 1877, entitled Gan act to
provide for the completion of the lines of rail
road commonly known as the st. Paul & Pacific
extension lines Chapter 2Ol Special Laws 1877. J
| These lines composed the then pncompleted
lines of road from Watab to Brainard, and from
| st. Cloud via. Crookston to st. Vincent, in aid
of each of which congress had made grant of
lands to the State. By the first section of this
| act all the franchises and grants of land ap-
pertaining to the former of these two lines of
road were declared forfeited to the State, and
| it was one of the purposes of the act to reerant
the same to whatever companyimight undertake
| the construction of the road under and in pur-
| suance of its provisions. Theappellant compa-
ny availed itself Of the privilege of the act and
has completed the road from Watab to Brainard,
and the question now for consideration concerns
| the rights of the company in respect to the
| 100000 acres of land which are in terms
/ reserved to the State out of the congressional
grant applicable to that line of road by sec
| ton Of that act. The company in accepting
the provisions of the act end the privileges and
grants it conferred, took them expressly Sub
ect to the exceptions, limitations terms and con-
ditions therein mentioned" (sec, y. Whether
| in disposing of the congressional land grant
applicable to this line of road anew, the State
as against the United States had any authority
| to prescribe these exceptions, limitations,
terms and conditions" or whether they were
at varience with the purposes and terms of the
grant from congress, are questions that need
not be considered, as the appellant company is
of that character. No one but the
United States can complain that the conditions
subsequent annexed to the grant of the State
have not been complied with or have been
violated. Baker VS.. Ger. wall 333. As
against the appellant the State in turning
over the grant to it could rightfully impose
whatever burdens or conditions, or make any
reservations it saw fit, and for any purposes.
satisfactory to the Legislature. section 9, of
the act, enacts as follows: Zone half of all
the land up to 100000 acres in quaint ity, which
shall be first acquired on account of the con.
q sruction of the present unc en- oletei
line of railroad sfrom Watab to Brainerd or
any part thereof, and cne-half of all the lands
up to 400, 900 acres, which shall b. first acqur-
ed on account of the construction of the pres
ent completed line of railroad from Crook
ston to st. Vincent or any part thereof by vir-
tue of any grant of lands which has been or
which hereafter shall be made to and in the
construction of said line of railroad shall be
reserved and retained by the state, to be used
by it for the payment of the claims incurred for
work and material furnished in the construc-
ton of said lines of railroad, statements of
which claims were filed in the State auditor
Office in pursuance of an act of the legislature
approved February 81, 1874, etc. ''If any of the
lands 80 reserved, shall remain undisposed of
| by the State after the payment of the claims
Of the said claimant, such residue shall be con-
veyed by the governor to
| the company which shall have completed the
portions of railroad to which
| the lands comprising such residue shall apper-
| tain. The land 80 reserved shall be applied
| to the purpose for which such reservation is
made, in manner following: The governor,
attorney general and railroad commissioner. or
any two of them, shall. as soon as convenient
after the passage of this act, examine into the
claims, statements of which have been filed in
the State auditors office, and ascertain and ad
| just the amount remaining owing and unpaid to
he parties having respectively fled such claims
for work or material furnished in the construc-
ton of said extension lines of railroad and they
shall file in the State auditors Office COM
pleted statement of the amounts SO ascertained
by them to be owing and unpaid upon said
claims to the said parties respectively. In
asceTtainiDg the amounts SO owing to said
claimants, the said officers shall be empowered