The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1860-02-24

b; Walker, Orange Walker, Webster and
NAYs.-Messrs. Armstrong. Beatty, clearey,
Donohue. Hulett, Kinkead, Mitsch, Morrison,
e srts,, Shultis, Sweet, Thayer, Tollman and
Mr.. BUTLER thereupon made minor
ity report from the committee on elections,
setting forth that it was useless to investi.
gate the claims Of the sitting members to
their seats, at so late day in the session.
The report contained other subterfuges of
like character, and closed with recon-
mendation that the petitioners have leave to
withdraw the papers presented by them to
the House. The report was adopted.
RAILROAD MORTGAGES.
The following bill, reported ty Mr..
SWEET, from special committee, was
taken up on its third reading:
Be it enacted By the Legislature Of the State of
Minnesota
SECTION l. That in case of default in the
payment of interest on any of the bonds issued
by either of the land grant railroad companies
to and held by the State, and in case of the
refusal or neglect of the trustees under the
deed or deeds of trust given to secure such
bonds to fOreclose the same, according to the
provisions of such deed or deeds of trust, it
shall be the duty of the Governor in his discre
ZION TO foreclose the same, or to cause the same
to be foreclosed in conformity with the provis.
ions OF such deed or deeds of trust, and in &C.
cOrdance with law.
Sec. 2. Upon the sale of the property, rights
and franchises, covered and embraced in such
deed or deeds of trust under such foreclosure
hereinbefOre mentioned, the Governor is hereby
authorized and empowered, in his discretion to
bid off and purchase the same for, and in the
name of the State, and to make or cause to be
made to the State of Minnesota, such suitable
and proper conveyances as may be necessary.
Sec. 3. This act shall take effect and be in
force from and after its passage.
This bill is substitute for Senate bill,
and was prepared by special committee
appointed by the House. 1t created con.
siderable discussion in which Messrs. Sec
0mbe, Cleveland, Mitchell, Sweet and others
participated.
Mr.. SECOMBE maintained the novel
positions that the loan amendment was
void, the bonds issued under it worthless and
illegal, and that the people were not legally
bound to pay cent of them, interest or
principal; but second, he would foreclose the
mortgages given by the companies to the
State as security for the loan, as matter of
policy.
The House then took a recess.
AFTERNOON SESSION.
The discussion on the foreclosure bill was
continued.
Mr.. SWEET said Mr.. Speaker, I arise
to reply to some of the arguments advanced
by the gentleman from Hennepin In the
discussion this morning. Should 1 not do
so, it might be inferred that other members
of the special committee who reported this
bill and who advocated its passage held
views in consonance with him.
The position which he has taken is an
anomalous one, that while advocating the
foreclosure of the trust deeds, to secure the
payment of the interest due upon the bonds
issued by the State and loaned to the land
grant railroad companies, under and by
virtue of the amendment to section ten, arti-
Gle nine of the constitution, he declares
emphatically and explicitly that no such
amendment to the constitution does legolty
exist, and consequently, all legislation based
upon that amendment, all bonds issued to the
several railroad companies, as we'll as the
amendment itself is void ab initio.
Did hold similar views to those advanced
by that gentleman, should vote against
this bill, and all others which recognize either
directly or by implication, the validity of
the bonds, or the principle that the State
is in any manner holden for any portion
OF either interest or principal of such
bonds.
l would ask the gentleman what right
or interest he expects the State will acquire
by foreclosing and selling the roads, lands
and franchises of these companies, under a
trust deed that is void, and which was exc
cuted and delivered to the State tor no con-
sideration whatever.
l hold, Mr.. Speaker, that the State of
Minnesota in delivering these bonds to the
several Railroad Companies, has loaned her
credit in aid of these several Railroad enter
prises, and in l0aning her "credit," the "faith
and credit of the State are pledged for the
payment of the interest and principal there
Of"
Ii we are to meet reputation, let US meet
it at the Threshold, and pass this bill, and
thus show that the State of Minnesota will
meuer repudiate any contract which she has
entered into, and which has been ratified by
an almost unanimous vote of the people.
II the State is determined not to act in
good faith with the Railroad Companies,
why do we demand that the companies shall
act in good faith and provide for the inter.
est of these bonds?
Do we propose to foreclose and sell out
these companies for the reason that they
have not faithfully and strictly observed
some of the requirements of contract, the
whole OF which, on our part, we repudiate
No-let US rather demand that the com.
panies shall strictly comply with the terms
OF the contract, and we, on our part, will
do the same.
They have failed to provide for the inter-
est, and consequently we have the power to
foreclose the trust deeds, and this bill merely
authorizes the Governor to bid in the roads,
lands and franchises, if he, in his discretion,
shall deem it conducive to the best interests
of the State
Messrs. SECOMBE, DONOHUE, and
MORRISON continued the discussion.
The bill passed-ayes 81, nays 10.
ORGANIZATION OF THE LEa1sLArURE.
Mr.. SECOMBE introduced a bill
amending an act for the organization of the
T or;clofuro l. AI.A L. q.