Legal Opinion

Western Railroad v. De Graff

Supreme Court of Minnesota

Decided July 12, 1880PublishedCited by 18 opinions

By various acts of congress, an extensive land grant was made to the territory and state of Minnesota to aid in the construction of a line of railroad from Watab to Brainerd and a line from St. Cloud to St. Yincent, the acts providing that the lands so granted should be earned by construction of such lines, and should be exclusively applied in the construction of the lines for which they were granted, and should be subject to the disposal of the legislature for that purpose…

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By various acts of congress, an extensive land grant was made to the territory and state of Minnesota to aid in the construction of a line of railroad from Watab to Brainerd and a line from St. Cloud to St. Yincent, the acts providing that the lands so granted should be earned by construction of such lines, and should be exclusively applied in the construction of the lines for which they were granted, and should be subject to the disposal of the legislature for that purpose and for no other. By various acts of the legislature of the state and proceedings thereunder, those land grants became…

1Opinion of the CourtCornell, J.

Whether, under our constitution, any officer of the executive department of the state government can be subjected to judicial control and interference in the performance of an official duty, is a question which has been before this court in different forms and at different times for consideration and decision, and the holding has uniformly been against the .existence of any such jurisdiction or power in the courts. Matter of the Application of the Senate, 10 Minn. 56 (78;) Rice v. Austin, 19 Minn. 104; County Treasurer of Mille Lacs County v. Dike, 20 Minn. 363; St. Paul & Chicago Ry. Co. v.…

2Cases cited4 opinions

  1. Wilder v. BrooksSupreme Court of Minnesota · 1865
  2. State ex rel. County Treasurer of Mille Lacs County v. DikeSupreme Court of Minnesota · 1874
  3. St. Paul & Chicago Railway Co. v. BrownSupreme Court of Minnesota · 1877
  4. Baker v. GeeSupreme Court of the United States · 1864

3Cited by18 opinions

  1. State ex rel. Jameson v. DennyIndiana Supreme Court · 1889
  2. State ex rel. Hahn v. YoungSupreme Court of Minnesota · 1881
  3. State ex rel. Yancey v. HydeIndiana Supreme Court · 1889
  4. Martin v. InghamSupreme Court of Kansas · 1888
  5. Cooke v. IversonSupreme Court of Minnesota · 1909

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