The anti-monopolist. [volume] (Saint Paul, Minn.) 1874-1878, 1876-03-23
FARM AND GRANGE
STATE RAILROAD BONDS
Report Of The Special Committee, appoint
ed February 10, 1870.

ed February 10, 1876.
Senate File No. Psi is a proposition
for the State to waive its sovereignty,
that case or cases may be made before
the courts Of the States or OF the Unlted
States Circuit Court for the District OF
Minnesota, wherein the liability OF the
State upon the five millioni railroad
bonds may be tested, without the Court
before which such case or cases may be
brought, being able to enforce amy de.
cree or judgement it may render, IL
against the State, there being clause
in the bill preventing the court from is
suing any execution or final process.
The committee would report that, in
their opinion, the waiver of the soveri-
eignt; of the State for the purpose of en-
aiding the prosecution Of suits against it
is a policy with few precedents, and one
not to be authorized in any other than
clearly defined cases, and for the benefit
of the State, if ever allowed at all.
Also in cases where allowed, the
State should be prepared to permit the
court TO act free from all restrictions OF
the powers which belong to and con-
stitute a competent court to try cases
and render decisions, DEGREES and Judge
ments and when such waiver is mad, 1t
should appear as any other party litigant.
submitting to the processes OF the court
and their results. And the committee
are of the opinion further, that to ask
courts to thus assume to try cases, anu
render judgment and decree, snorn OF
the powers which give force and dignity
to decisions, and relieved OF the re-
sponsibilty involved in forcing the re-
suits ofther conclusions, is question
of propriety as well as expediency, that
should be well considered before acting
upon. :,
The bill contemplates the trial OF the
cases in either the State courts OF the
United States Circuit Court, and restricts
any court which may try any case from
issuing execution or process IN case OF
finding against the State
The Courts of the State might be
subject to this restrictive clause, but 1t is
questionable in the Legislation would
have further control or effect upon
United States Courts than mere
request, they deriving their powers from
the laws OF the United States. The
effect of the bill seems to be to bring IN
the force OF the opinion of Courts, with
out any of their powers to aid IN
producing State action looking 70 the
payment by the State OF the bond IN
question. And the opinion OF the
committee is that the mode and purpose
is sacrifice of the dignity and rights OF
the State and the dignity and power OF
the Courts.
Senate File No. SAG purposes to
substitute for the Courts provided IN
Senate File No. 25l, above considered,
commission of gentlemen selected
from different points of the State, who
shall perform similar duties and produce
similar results.
The committee is of the opinion that
no rood can be derived to the State from
any conclusions arrived at by any such
selections OF persons, no matter what
the form OF their conclusions might be
There is nothing Discriminate IN theli
action, and the matter of the States
relation to the bonds no more nearly
settled than at the present, moment. /
would simply amount to means o
AGITATION of the subject ut the expense
of the State of which there are suthcien
in existence.
A like action is recommended as in tn
case of Senate File No. $40.
The amendment to the Constitution
adopted Nov. 5. 1860. provides that IN
law levying a tax, or making othe
provisions for the payment Of interest o
principal of the bonds denominate
Minnesota State Railroad Bonds, shal
take effect or be in force until such lay
shall have been submitted to a vote c
the people of the State. The committe
regard this language as implying tina
any measure expressly or implied
contemplating placing the State in an
stronger condition of obligation 10
payment OF principal or interest upo
said bonds. should be submitted to vot
ofthe people of the State.
1t has already been shown that thes
Minnesota State Railroad Bonds" $
called, had no market value, as will al
pear by Governor Sibley's message ,
the Legislature in 1859. as hereiabefol
referred to: s.,
AFTER the most earnest efforts. the
could not be negotiated 1t all. hence
would not seem TO be material AS
whose hands they came into at Ar
time. For ii the bonds were ofno valu
the presumption would be that the
was nothing given in return. Then
also find in the same message. that Il
bonds were taken by the State Audit
as a banking basis ut nine.y-fiye cen
on the dollar; but why they should
thus taken ut = rate so near par. is
clear to your committee. unless it "
to fully carry out the provisions of 6
live million loan bill.r which provid
as follows: And the faith and cree
OF the State is hereby pledged" SC.
The Auditor being State office
might have conceived the idea that
was his duty to carry out this part OF t
programme: but il seems. although il
said that sufficient faith will move mou
tains, that Of the State Auditor. on Il
occasion. did rot quite come up to Il
standard. for tue bonds in truth new
had any standard market value.
Your committee further find, that I
charters OF the four lapi-grant railroa,
to whom these "Minf esota State Rs