St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-06-25
GAVETHEM The EARTH
Railroads Indulge in a Big
Legal Bout Over the Title
Of Land,
The Value Of Which Is Modest
ly Placed at About Fifty
Millions.
Copiotls Showers Damp the
Religious Enthusiasm at
Red Rock.
Artistic Display Of Work by
the Pupils Of st. Joseph's
Academy.

The Northern Pacific Railway com
pany began an action of large proper
tons yesterday in the United States
circuit court against the st. Paul, Min
neapolis & Manitoba company: Edward
Sawyer, of st. Paul, as receiver OF the
lands granted to the st. Paul & Pacific
Railway company; John S. Kennedy
and James A. Roosevelt, of New York;
r. B. Angus, of Canada. This suit fol-
lows on the heels of decision by the
United States supreme court in favor of
the same plaintiff against the st. Paul
& Pacific Railroad company and others,
the mandate of which was filed yester-
day in the United States circuit court
here. This action involves other lapds
valued at many millions of dollars lying
within the conflicting limits of the two
grants by acts of congress to the two
roads. The plaintiff claims grant Of
alternate sections of land for twenty
miles OH each side of its road, under au-
thOrity of an act of congress of July,
1864, which also authorized the building
of its line of road from Lake Superior
in Minnesota or Wisconsin to Puget
Sound, and which were given it in lieu
lands directly involved in this action
are limited, however, TO those in the
northern part of MINES ota. One
of the questions involved in this suit is
the right to mineral lands which were
not known to contain minerals at the
time of the grant, but have subsequently
developed to contain minerals. This
point has been raised in the mining re-
gionS of Montana and Idaho, where it
was decided by the lower courts that
grant of lands does not exclude lands
subsequently discovered TO contain
minerals, and this important question.
as we'll as the fact that it was known
that the lands in question contained
minerals at the time of the grant, are
involved in this action. The complaint
by the United States and Minnesota
to the st. Paul Il Pacific, or to the
Manitoba, may be adjudged and de-
creed to be null and void as against
its title, and that the last-named de-
PENDENT may be adjudged and decrecd
to hold whatsoever title 1t has thereto
as trustee in trust for the plaintiff.
Also that Sawyer be compelled to make
full report i'll regard to the lands in
dispute. and that he refrain from de-
livering any deed. etc., in reference to
the land until further order of the court.
1t further asked that the plaintiff be
adjudged to be the owner of the lands
in dispute. and the money arising from
the sale of any part of them by Sawyer.
The petition concludes with an appli-
cation for an injunction, and Judge
Nelson yesterday granted temporary
injunction to the following effect:
at appears from the petition that Ed
ward Sawyer is receiver of the st. Paul
IL Pacific Railroad company, and is
about to pay wrongfully to the st. Paul.
Minneapolis & Manitoba Railway COM
pany all moneys arising from sales of
lands or contracts to sell all bonds and
other evidences of debt arising from
sales of lands by him as receiver of the
st. Paul & Pacific road, and that the St.
Paul, Minneapolis & Manitoba company
will dispose of these proceeds TO John
S. Kennedy and James A. Roosevelt, of
New York; r. B. Angus, of Canada,
and the Central Trust company, of
New York, so that they will
go beyond the reach of this
court. 1t is ordered that Edward Saw
yer be restrained from making any
transfer thereof until the further order
of the court. All of the defendants are
also ordered to appear before the circuit
court here on June 81, at 10 a. m, and
show cause why they should not be
permanently enjoined from doing any
of the acts sought to be restrained"