The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1858-11-25


trust for the better security CT the Treasury oil
the State from loss, on said bonds, and su,'
thorixlng tn, Governor 10 make TILE TO sueh
lands TO certain purchasers. Then iolloss thas
portion already quoted. As has before been
stated, there can be no reasonable doubt, that
the end and object OF the amendment, taken
altoge Their. was " for the purpose OF expedninR
the construction Of these lines OF railroad; .
and it seems equally clear that the design OF
the clause under consideration, was to provide
the State with certala class OF secuf'tl' = IN
addition TO those already designated as the Sc
curity required of hs Companies for the puncs
ual payment Of the principal and interest," OF
these bonds.
The language refers 10 the kind. and not to
the sufii;ency vi tho security. THIS clause
then sh Juld be so construed a. not to defeat
the object Of the section itself, and majority
OF the court holds that the construction conten
ded for BY the Governor, has direct tendency TO
that end. Nothing certainly could mere eneetu'
ally deter capitalists from investing IN these
roads. than to find that notwithstanding they
may furnish, IS In this instance, i've sevsnths Of
the money necessary TO construct aud equip
these roads, the State may nevertheless have
prior lien on every thing, which may be en-
forced TO the loss perhaps 0, their entire inter
est. We cannot now object to the sufficiency
OF the securities provlded-all we can do Is to
require that they be OF the kind anl class con
templated.
The language Is, that "as further security IN
amount OF frat mortgage bonds, on the roads
lands aud franchises Of the respective compa.
MES, &c Ordinarily, "hrst mortgage bonds.
are simply bonds secured by the first mort
gage. Is there any thing 10 show that the
words me an any thing more AS here used We
think not Had il been the intention TO give Q
priority of lien to the State. the term first
mortgage" only would undoubtedly have been
used, which would have left no room for doubt.
Again the words IAN amount Of preceding
the term first mortgage bonds evidently i'm
plies portion only OF greater amount. and
necessarily a remainder after the transfer to the
state. What is that remainder. or how can 1t
be ascertained or limited Some light may be
thrown on these questions by reference to the
mode Of procedure common among railroad
companies. II is usual for such companies Al.
tor surveying aud locating their roads, TO make
careful estimates Of the cost OF building and
stocking the same, and then If sufficient money
Is not ,ised otherwise, to provide for the issue
Of bonds, based upon these estimates, TO raise
money to build and equip them, These bonds
are secured by mortgage on III, road and
franchises, aud are called FIRST mortgage bonds.
They are from time to time put into market
aud sold as the exigeuces Of the roads may re-
quire This course Is much In favor as 1t gives
TO all who furnish money 10 build or equip the
roads all equal lien upon the securities, and is
considered necessary to success, as II would
be next to impossible TO Obtain money TO stock
IA road, II 1t were encountered with prior lien
for the cost OF construction. II from any cause
these bonds are exhausted, and more money IL
required. second mortgage ia sometimes ex.
ecuted aud the bonds secured by il are termed
SECOND mortgage bonds" The charter OF
the company making this application is framed
no doubt with view to inst such course to
raise money as here Indicated. tSee Sec. II Of
the Charter) And IA this amendme nj Of the
constitution was framed with direct reference
to the charters of tue several companies IN
tended TO be benefited. 1t il no. difficult to be.
ieye that the words ian amount II fret mort
gage bonds refers simply TO bonds Of this
class. When terms of art or peculiar phrases
are used, It must be supposed they are used in
the sense, as understood by persons familiar
and acquainted with such terms.-I3 Philips
Ey. 1895; Pick. 2Gl.
In constituting constitution or law the hsto
nv Of its passage through the convention or
legislature il often Of great Assistance, and the
b story Of this Amendment to the constitution
daring its progress through the two branches
OF the Legislature fully sus,alns the position
that the State has n o priority Of lien az to these
first mortgage bonds. BY reference TO the
printed journals Ct the two houses (Which how
ever do no, contain any proceedings had
in committee Of the whole where most amend
ments are proposed and discGssed) II will he
found that the bill proposing this change 10 the
Constitution originated in the Senate and pass
ed that body on the "a day of March, lSiS,
On the day previous to its passage, senator
Cook moved TO amend by Inserting. in the
clau.e undtr consideration. tie following -:
And the first mortgage tbOnds) Thus tram.
"ferred 10 the state Treasurer SHALL ~ TnE
piRSr IiEs Ur0s, Asp TAKE rRECgpEsCE over
ANY other bonds that may b" issued, upon
the ist Gity miles o! road which saiI compa
" mics NAV respectiyeiy construct" This
amendmen, was lost, and the bill was imme
dAtely ordered 10 be eBgros3ed for q third
read.ng - q Jnrual ~ ,he senate. page 2GF 7.
Afterwards, on the Sth day Of March. while
the bill wa. pending IN the House Mr. Libby
offered an amendment, giving TO the state an
"lxcLrtIvg rKuRIrr o. Ali OTHER LigSs or
the roads. lands and ffanchises u the rcspec-
tive companies, and tLis amenlmen; also was
rejected by very decided vote House
Journal, 1. an Thus IL vii be seen that
each branch Of the Legislature expressly mega
tlved proposition giving 10 tho State any
priority 81 len AZ to tbe.e frat m0r'gsg" bonds
AID yet Il - insisted iha' the state has this ptr
ority ty Implication. We think Il "a against
the reason AMI splrt. "a well a. the letter Of
the Constitution, 70 10 contend.
AJthoI.Gc, we're r. al To- show that. where
words are doub'fai in Their mean Nc. "a be.
construction should be gwen which u most IA
yorable 20 the ru JIG We have been unable,
however. to discover sBch degree a. dOob.
or gncerta mtg 10 The meaning u the language
u.ed. a. will make these Authorities applicable
10 this case. On the contrary, the words are
explicit AID free f;om obscuriy.
In con-'ruing a ststg'e ~ constitutional p' %
vision. the great object i. To ssesrtsln and 10
terpret 20 a. 20 carry ou. the intention n the
la~gvsr; and a. Il primary RUE. tn" lang aage
used " 10 be frat cons dered a, beng The best
evidence 81 what that intention - and vhea
the words are clsp, explicit, unsmb'gu aus.
anl free from Obssnrty, co1rt- are bound IL
expognl the language according 20 'he com
mon sense and ordinary meaning 81 TIE woids.
1 Broums l. gal Max ma. a6,-G :. s,orJ =
Com. on C01s 3-J. smiths Com. OF 'onst,
697-s-s |. ksn, Com. 4s7 II Yer. 40 (
HUI, l02 81 II Is only by in.srpolai,Dg y 0rds
In the Constitution Which the ffam'rs thereof
expressly rtjec,ei. tba; AIRY well founded
doubt can be entertained as 70 the meaning
u N. language used.
Other ca.es we're cited 90 establish the old
doelriEe that 10 = grant from the stait o. Soy
ereigu. 10 en- individual nothing can psss ~
impi q atom, bat Vi = ruls. however vel ssias'
li-hed, can have no Application - a case Ike
the present. wh,re nothing 10 ssksr by irnpi