Page:Federal Reporter, 1st Series, Volume 4.djvu/25

 IN RE B. & M. BT. CO. 11 �of the Uuited States, attaching tliem, with the act of the etato of Minnesota giving the company the right to build a railroad across the state, to its petition; and alleges "that it bas a de- fence arising under the laws of the United States, to-wit : that it is a corporation of the United States created and existîng as aforesaid, and holds its right of way, rights, and property under the acts of congress aforesaid, and that the state of Min- nesota has np power to confer upon any person or corporation the right to enter upon the same or take the same in the man- ner proposed by the said proceedings ; wherefore your peti- tioner, the Northern Pacific Eailroad Company, prays that the said proceedings be removed into the circuit court of the United States for the district of Minnesota, and that thig court proceed no further therein." �A bond with sureties that the Northern Pacific Eailroad Company will enter in the United States circuit court, on the first day of the next session thereof hereaf ter to be holdeni a copy of the record in the said suit and proceeding, etc., accompanied the petition, and was filed. �The district court of the state made the foUowing order: "Ordered that the application of the Northern Ràcifio Eail- road Company to remove the said proceedings into the circuit court of the United States for the district of Minnesota be and the same hereby is granted, and that no further proceed- ings in this matter be had in this court. By the court. \ "October 6, 1880. 0. P. Stearns, Judge." ' The Bames ville & Moorhead Eailwày Company have pro- cured a properly-certified copy of the record in the state court, and filed it in the United States circuit court, October 18, 1880, the next regular session of the court being on the second Monday of December, and on this copy of the record asks the court to proceed with the condemnation of the crossing and the necessary land, etc. �The Northern Pacific Eailroad Company objects to the ju- risdiction of the court to proceed in the matter at this time. The right is given by the statutes to the Northern Pacific Eail- road Company, whose land is to be condemned and track crossed, to show cause, on the hearing for the appoihtment of commissioners, against granting the prayer oî the petition, ����