Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1867-03-13

| IS so palpaoly ana openly IN violation
of the constitution, that no court. not
even ? backwoods justice of the peace.
would think Of giving II any effect
The remainder of the gentleman's 5
very argument to prove that County
was not made party in the fore
closure suit by serving its trustee.
Mr.. Hastings, | pass over as making
no difference with the question as to
whether this law should be repealed
or not. The courts are able. and
without the aid of this declaratorv
| law, possess the power to settle all
questions between the parties.
The remaining reasons assigned
against the repeal of the law, are that
there was no objection suggested last
year against its passage, notwith-
standing it went through the usual
course; and that, if there was any
doubt about the rights of the parties.
(and in the opinion of the gentleman
there was more, although he thinks
that there IS some in nv mind.) it
was proper for the legislature to set
tie those doubts
With regard to there having been
no objection suggested last winter
against It's passage. | have only to
say that 1t was quite natural for mem
bers who fell no immediate interest
in the local affairs of Iowa County.
to suppose that some exigencv had
arisen which rendered an amendment
of the law Of 1858 desirable, and that
they gave no particular attention to
the provisions of the bill. And it Is
quite natural to suppose that the
members locally interested were ready
to advocate the passage of any law
that was represented to them as like
ly to confer any substantial benefit
upon the County.
The title of the bill, being merely
to amend previous act, was not cal
| culated to attract particular atten.
| ton and the persons interested in
| opposing its passage--thc owners of
| the Mineral Point RaiIroad-were out
of the State, perfectly oblivious of
| the idea that State legislature would
| attempt to interfere with vested rights
and the obligations of contracts and
remained in total icnornnce Of its pas
sage until after its publication
| One thing is perfectly obvious, and
that is: that if the parties interested
had known Of the contemplated pas
sage of such law, they would have
| opposed it; and to argue that is pas
sage in that case would not have been
defeated, would be to argue that the
last legislature were actuated bv no
considerations of regard for the fixed
| rights of parties, or the solemn obli-
cations Of existing extracts.
As to the Legitimacy of legislation
to remove doubts, [ have only to say,
that if the object be to remove doubts
with regard to existing law, and es-
tablish a rule applicable to rights to
be acquired in the future that is le-
gitimate, fo- il is the very object of
legislation to define the manner in
which individuals may and the circum-
stances under which they shall be
| bound in the future.
But if the object be to remove
doubts as to the legal status Of parties
under existing laws. and bring certain
| facts within certain rules which were
not Within those rules before. las in
/ this law.) then the legislature usurps
the functions of the judiciary, and
violates the provisions Of the funda-
mental law that no erpost tacto law.
nor any law impairing the obligation
| of contracts, shall ever be passed. y
The gentleman had no doubts Of
( his own to remove when he procured
the passage of the law Of 1866, and to
assume that the legislature Of last
year deemed it necessary to remove
I doubts that existed in nv mind and
/ that Of others. Is far more cor1pii-
/ mcntarv to us than TO the wisdom Of
1 the legislature and to argue that
+ this law should be allowed to stand.
because i was passed by previous
| legislature, IS asking more legislative
courtesy and claiming more lcgisla-
tive Difference to past legislative
/ bodies than is consistent with the OBJ
/ iect of having legislatures, or ever has
/ been claimed or yielded before.
This disposes of the objections
urged against the repeal Of the law.
l now consider briefly, in addition
to what / have done. the remaining
constitutional objections to the law.
The first section of the act auth or
ICES the making Of any other CORPORA
tion which may have been organized
as the successor of the Mineral Point
Railroad Company, or which Is exer-
cising or claims a night to exercise
any control or ownership over any
part Of the property mentioned IN the
deed of conveyance to- the State
Treasurer called a second mortgage a
defendant
This in itself Is unobiectionable,
except in so far as 1t attempts to
create parties e suIt, IN case they
would not have been proper parties
to such suit independent Of this law ;
but section Of the law provides that
in the distribution Of the proceeds Of
the sale upon foreclosure the court
shall give preference to such bonds
secured by the second mortgage &c
c0rdang to the priority Of their issue
and delivery If that mortgage Sc
cured other bondholders besides Iowa
/ County. and they were held by aileof
the holders upon equal terms, then
this provision gives preference 10 one
over another Of said holders. To give
f., - the l.,- -lfn - ~ larfz "a > .