The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1859-01-13

County Supervisors yesterday . contract
for an issue Of County Scrip - currency was
entered into with Messrs. WIN. l.. Banning,
Erastus 3. EdgertOn and John Jay Knox,
similar to that made by the city with Pease,
Cbslfant x Co.
The District Attorney, ]. V. d. HEARD,
Esd, presented communication TO the
Board, declining TO serve on the committee
appointed 10 contract with Messrs. BANNING,
EDGxRroS and KNOX, to keep the County
Scrip at par. Ia his communication, after
reciting the instructions Of the County
Board, ~ contained 10 the resolution al.
thorizing and directing the contract TO be
made, the District Attorney says:
Upon that committee have declined to serve.
and IL ia but due to the Board and myself that
I should give the reasons Why ! have 80 de-
elined.
Ia the winter o. 1856. the Legislature Of Min
nesota passed an set prohibiting In plain and
unequivocsl language the issue or circulation
Of an bills, drafts, certificates Of deposit, or
other evidences Of debt, TO be loaned or put in
circulation o. money, or to pass or be used a.
q currency or circulating me dunn, without .
charter especially authorizing such issue.
The section containing these provisions are
as follows:
ssetoa l. That no person, association or corpora
lion snail this Territory. WITHOUT authority Il law
srAnnos rhnf,s s1p,ss'iy Tor such ,ss@., any ells
70 be loaned put In circulation money, or IN pass
be used esrrsaey. or a1esLi'"s medium. and rverJ
bsresf who volAs. III. provsons Of this section shall
b. punished for each sai sysry osbes BY Imprisonment
sin months and By hne II 40, less than hundred
dollsrs over one thousand dollars Provided that
asthag herein contained shall b. construed 10 abrdge
The iAw Of merchants or senrsc's
section , All payments of any debt or oohsaiion,
esiss 4 dspos, or o;ssr evidences u debt which nay
b. issued violation - section u this act or Any
If ndsb.dae.. which may hA,. been, or may heres
BE- issued Ia this Tsrr'ory without authority OF
law shs be void and of 90 effect aud any ar or obi
gsen which may be paid In ~ The said bills, drafts
esrheAles Of deposit OF othsr esienres o debt may be
eoilsct-d In The same manner, ~ u no such payment
7" sseaon I. Any person circ',.a.as, passIns, or at
!smpaag to olrea.," 81 p,.' in hsn 81 nsn.y o, cur
ion II ths al, shall upon conviction thereof before
sonrs u oonpesn. Iurisdeilon, within this Terri
tory be punished BY fine Of no, less thAn ten dollars
nor more shan mr. dollars"
And in order that the law may be strictly
observed, and persons violating its prohibitions
may not escape punishment, section ) provides
that IL shall be the duty Of the District Courts
Of this Territory TO cause the attention OF the
Grand Juries To the provisions Of this act at
each term Of the District Courts held in this
Territory"
The Constitution preserves this law with all
others not contrary TO its provisions. In full
force and effect until repealed,
Since that Constitution was adopted, and
since the late financial crsis, which in the
opinion Of many went far 10 excuse the viola
ton Of the above law, for the reason (as they
sad) that the crisis created a necessity for the
issue Of this kind OF currency, which was not
contemplated by the trainers Of the law. u
legislature has assembled, and decided that
the public intercsts stil required this law to
remain upon the Statute Book, although its
repeal was earnestly advocated and discussed.
Il il therefore the duty Of all persons, and
especially of all prosecuting officers, whose
peculiar duty IL Ia to advoc ate the enforcement
Of penal laws, to respect thu provisions Of this
statute.
However laudable the object which the
Bosrd have In view In entering into the con
tract conte plated in their resolution, aud
however beneflci the arrangement may prove
TO the temporary interests Of Ramsey County,
am clearly Of the opinion. that The issue of
orders. by means Of which they propose to ae'
eompllsh that object IL contrary to the
above act Qf not the Constitution and the
General Banking Law,) aud renders all persons
engaged therein liable 10 the ntotion OF the
punishment pre- cribed therefor
That the orders To be issued are calculated
aud intended to b. used As " money, or "eur
rency," or circulating medium, acknow'
lodged by all persons ia this community. The
permission of the county that these ordsfs
may be 40 used is tho cgas,dsrdi.on' which tbe
bankers receive in Tho arrangement for pro
tecting the credit Of the county.
The worry appearance Of the orders
which are TO be issued, If they resemble
the present city orders, which from
your resolution, and from Information
have received have no doubt they will, and
the fact that they will bs reasonable by Bank
ers. instead OF by the County Treasurer, would
he, 20 my mind. conclusive evidence Of the IN
tent to have them issue and circulate as a cur
roucy. The paper upon which they are To be
printed. their engraving, inscriptions and tx
urea. aud their denomination, cause them not
only to differ from orders simply issued 10 d
rect the payment of money, but 10 exactly re
scmble those obligations which do circulate
throughout the community g. currency or
money.
There IL no power conferred upon the Board
ct Supervisors, by charter or otherwise, to issue
any evidences Of indebtedness under any pre-
text whatever TO be put into circulation A.
II oney OF currency. such a power would be
unprecedented, aud productive " official ex.
NaNaEsnccs ana cohii only DC tot4cEteu "
plain and uuequiyo language.
The statute, indeed, authorizes the Board OF
Supervisors to dTatc ~ dsrs upon their Treasurer
for tbs Ismspi OF money, but the power thus
conferred does not daer in is nature from
that which may b. lawfully exerC ised by eve.
~ individual, IN drawing dram or order upon
aaotherSor the payment OF money such or
pres, provision u Law being necessary to con
Ter upon the Board that authority which an
individual has ,csfh7gt any such provision.
liat /, does not follow, that because the Hoard
are authorized to draw order. simply directing
the psyEsHi Of money, th-y are therefore au-
thOTi1ed TO ISSUE orders calculated aud intend
oil 20 pass as money Or currency.
An order designed simply Ia direct the pay
ment Of money, IS an entirely different thing
from an order calculated to be s.ej and crcg.
lated the pssnsg dseJ.
These are nav reasons for declining 10 serve
upon the Committee upon shich yOu appoint.
Ell me, Ia determining my course Of action IN
regard 10 th,s matter. have SIMPLY consider.
Ell whether the contemplated arrAngemes.
with the BanSers was IN violation Of penal
statute 81 the state, without inGa rinS whether
q convietcn of The parties engaged therein
might follow that is the province Of a jury.
and not u q prosecuting ohictr