The Grange advance. [volume] (Red Wing, Minn.) 1873-1877, 1877-01-10

which our reports are filed II these bonds
were void the titles resting upon them would
be worthless. ,t
Upon denial Of the validity Of the bonds,
Gruity OF a State legislature uniting with o
Territorial governor, in the passage of the
bond measure, Judge Dillon, in the United
States Circuit Court, disposed Of the question
! in tho following energetic language: ss h.
"That the" bonds held by the plaintiff are
upon it In law, honor, and justice have no
! doubt; indeed counsel have not seriously
| questioned that these bonds were not valid
They were issued pursuant to an amendment
to the Con stitution Of the State, adopted by a
popular vote OF about thirty-fve thousand
for, to Gig hit thousand against, have been re-
peatedly recognized as valid by subsequent
legislation OF the State and by the foreclosure
proceedings. Urder these circumstances the
iaot that it does not appear the acting Govern
or ct the State signed the bill providing for
the submission to the people OF the loan
amendment to the constitution is . matter OF
| no consequence. In the amendment to the
constitution the faith and credit Of the State
are pledged for the payment of the interest
and the redemption of the principal Of the
bends; they are signed by the Governor and
bear upon their face the seal of the State
They were issued to the plaintiff and others
for grading and work actually done upon
l
tioanl anne ndment; and the State obtained the
benefit of the securities it took for its inden-
nifcation and re-granted the property it ao-
quired tree from all liens to the present COM
panies. Under these circumstances if the
State were suable in the courts there can be
! forcable against it. Justice and honor alike re-
aure the State to recognize these bonds az
binding upon it, and in the end the court can
not doubt that the people of the State will 50
orda!n. A State with such future before it
as the State OF Minnesota can not afford to
bear the odium of Reputation. And it there
were 40 other difficulties in the plaintiffs
way except the suggested one that his bonds
are lnyal1d, he will be entitled to the reliet
| 1t has been minated by certain newspapers
that the distinguished jurist who delivered
THIS opinion, went outside the record to read
the State q lecture upon her Guties in the
premises; careful examination OF tile record
will, it is believed, show that this charge is
unjust; but however this may be, it will be
conceded that the highest tribunal in the
land, IS at present constituted, has estab-
llshed no precedent which would justify such
charge. The case having been decided
against the plaintiff in the circuit court, the
plaintiff promptly took all appeal to the Su-
pre'ne Court Of the United States.
The question of the consttutionality of the
concurrent resolutions of the State Legisla-
ture OF 1860 forbidding the payment OF the
bonds without an affirmative vote OF the peo-
pie, coming directly before the United States
supreme Court, such concurrent resolutions
were pronounced void because in violation OF
the contract which the State had made with
the old companies.
In this state Of the case the court decided az
follows:
''The faith of the State, sole1nnly pledged
Tor the payment OF both principal and inter
est, has never been kept. So far from keep
Ing 1t the State as early as November 1850,
adopted an amendment to it's constitution
prohibiting any law which levied tax or
made other provision for :such payment TAX
ing effect until the same had been submitted
to a vote OF the people and been adopted by
them This prohibition, fnot {. violation Of
inc States pledge, conflicts with it's spirit.
me bonds issued are valid obligations The
State is bound by every consideration of good
faith, TO pay them. Were she amenable to
the tribunals OF the country as private in
dlvldua:s are, no court of justice would with
no. / it's Judgment against her in an action
1or their enforcement
1.-The State was primarily liable to the bond
holders and it was only between her and the
companies that the relation OF principa, and
surety existed 1t may be doubted whether
the bondholdecs conld call upon the COM
pany at any event."
1t has been intimated that these decisions
We're obtained by collision between the plain
TIL and the companies to obtain q decision
against the State; the character OF the coun-
sci engaged, as well as that of the tribunals be-
lore whom the cases were pending forbid such
suspicion and ia q sufficient answer to such
an insinuation. >~ ~ ~
The complaint that she was not party to
the litigation surely comes with bad grace
ron state which has refused repeated invi
tatlons TO submit her pretended defences to
the scrutiny OF the courts, and wrapping the
mantle OF her sovereignty around her, has Il.
ways carefully avoided all investigation; tie
| plaintiff, 1t may be supposed, could have been
only too willing to have made her a party, had
t been possible. e; .E
In the case Of Fornsworth VS.. the Mnneso-
ia Il Pacific Rail Road Company trial, the
Court said f'The adoption OF the constitutional
amendment OF 1860, certainly had the effect
to impair the value of the bonds OF the Stale !:
but it is the holders ofthese bonds who had
the right to complain of this proceeding not
the company nor the trustees under the deed
IN SUIT: The holders OF those bonds looked
| IN the 1rst instance to the State tor payment {;
the State was primarily liable to them and
they were therefore injuriously affected blythe
I amendment" ~ -
| II is difficult to see why these decisions
do not efectually dispel the clouds and mists
which have SO long eRveloped the subject,
leaving the golden line of duty stretching out
clear and distinct before the representatives
Of the people, and the State of Minnesota must
hereafter stand dumb when questioned al to
why she does not walk by it.
With such unmistakable and imperative
commands from the voice of law, equity and
honor, is the question not reduced to the
simple one of our willingness to BAY an honest
debt And can our young State with 30 tair a
tuture-as member of the sisterhood In this
triumphant era Of the nations centenary-at:.
lord to rest under 50 damaging an imputation?
4 In my last annual message pointed out the
practical means by which we can readily tol-
low the plain psth of duty. Inow commend
tentton and earnestly invoke such prompt
and honorable action a. becomes tho repre-
sentatives Of an honest and Christian people.