The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-09-01
way that the state may deem necessary
or advantageous to bring It's swamp lands
into market and secure their settlement
and occupation.


into market and secure their settle ment
and occupation.
A Few Things Admitted.
They admit the plaintiffs ownership
and maintenance Of certain institutions
named in the bill and admit that a small
portion Of the supplies Of some Of these
institutions requires to be and is carried
over the line Of one or the other Of the
defendant railway companies.
They say that except the grants Of
swamp lands mentioned, the grants by
the state in aid of railways In Mime
sofa were made by the territory and state
of Minnesota merely in execution of
trusts reposed in them respectively by
acts of congress granting lands Of the
United States to aid in the construction
of such railroads.
None OF said lands were ever the prop
erty Of said territory or state, each OF
whom was mere conduit to transfer the
title TO such lands from the United States
to the respective corporations, by which
such railways were built and said grants,
whether congressional territorial or state,
were solely in consideration Of the con-
struction and not Of the maintenance Of
such railways. and none Of the said
grants were made to either Of the defend
ant railway companies.
Grants Not Gifts.
| None of such grants, nor either of said
swamp land grants, were a gift to the
company receiving the same, but each of
| them was made upon a valuable and full
| consideration furnished by the company
receiving the same. The Manitoba
| Railway company, lessor Of the Great
! Northern company, purchased and paid
full value for all the lands acquired by
1t from it's predecessors, under grants
made to them. The Northern Pacific
company purchased and paid full value
| all ia Ia n
| Minnesota referred to in the bill as be-
longing to it, and neither defendant com
pany ever received any grants OF lands
from the territory or state except the
grants Of swamp lands, which were made
IN consideration of the construction only
and not Of maintenance of lines In aid
of which they were respectively made
and the consideration was long since full
ly performed.
AS to the total amount of the grants
from the public domain of the United
States to aid in building railroads in Min.
nesota, the defendants have not been in
formed
) But they say that besides the gran
made by congress directly to the North
l ern Pacific Railroad company in tina
company's charter, grants were made b.
!; congress through the medium of the ter
7 ritory and state of Minnesota for man.
t other lines of railroad than those oper
|
l an amount far in excess Of the grant
for said lines to said companies. The
admit making large shipments of whea
5 and other products from and to tn
l places named In the bill. They deny tina
: competition between the defendant com
9 panies for traffic between said place
! was prior to the organization Of the Sc
curtties company, any sharper or NOR
active or more productive of over rate
q for freight or passengers than 1t has bee
, at all times since such organization an
+ still Is, and deny that such rates hav
been at any time since the organizatto
. Of the securities company or now are c
will be any higher than If said compan
g had not been formed
Mabey Returns. =.
r. A. Mabey special examiner in tt
suit of Peter Power against the Northe1
Pacific, arrived from New York this morr
Ing, accompanied by a trunk full of shor
!, hand notes taken at. the various hearin,
? in this celebrated case. Mr. Mabey wei
. | to work at once getting the mass OF test
+ mony in shape for his final report to Il