The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1877-01-11

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'The faith of the State, solennly pledged
for the payment ct both principal aud inter-
est, has never been kept. : So far from keep
ing it the State as early as November 1860,
adopted an amendment to its constitution
prohibiting any law which levied a tax or
made other provision for lsuch payment tax
ing effect until the same had been submitted
them. This prohibition, ifnot q violation Of
the States pledge, conflicts with its spirit.
The 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.
dividuals are, no court of justice would with
hold its judgment against her in an action
tor their enforcement"
,The State was primarily liable to the bond
holders and it was only between her and the
companies that the relation OF principal and
surety existed. 1t may be doubted whether
the bondholders could call upon the COM
pany at any event."
It has been intimated that these decisions
were obtained by collusion between the plain
tilt and the companies to obtain decision
| against the State; the character OF the coun-
sci engaged, as we'll as that ot the tribunals be-
tore whom the cases were pending forbid such
a suspicion and is 4 sufficient answer to sucll
all insinuation.
The complaint that she was not a party to
the litigation surely comes with a bad grace
from State which has refused repeated invi
tations to submit her pretended defences to
the scrutiny Of the courts, and wrapping the
mantle OF her sovereignty around her, has al.
T., Ill <h1
plaintiff, it may be supposed, could have been
only too williig to have made her party, had
be en- possible.
In the case of Farnsworth VS.. the Minneso-
ia Il Pacific Rail Road Company trial, the
Court said, 1.-THE adoption 1.-THE constitutional
amendment OF 1863, Certainly had the effect
to impair the value of the bonds OF the State
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 first instance to the State tor payment ;
the State was primarily liable to them and
they were therefore injuriously affected by the
amendment"
1t is difficult to SEQ why these decisions
do moi eftectually dispel the clouds and mists
which have 80 long developed the subject,
clear and distinct before the representatives
OF the people, and the State of Minnesota must
hereafter stand dumb when questioned as 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 pay an honest
tuture-as member of the sisterhood in this
triumphant era Of the nations centenary--at-
ford to rest under SO damaging an imputation?
In my last annual message pointed out the
practical means by which we Can readily fol-
low the plain path of duty. now commend
the subjec: once more to your considerate at
tention and earnestly invoke such prompt
and honorable action as becomes the repre-
sentatives Of an honest and Christian people
BIENNIAL SESSIONS.
recommended to the last legislative ses-
sion the submission to the people OF propo-
sal for 8 constitutional amendment providing
tor biennial sessions Of the legislature. In
formation of the practical workings OF such
alternate assemblages in other States, az we'll
az further reflection upon the subject, have
so tar confirmed my conviction of the wisdom
OF such a change that l feel i1npeled to renew
the recommendation. The plan seems to he
to possess every advantage in pOln: OF econ-
only and in the avoidance Of hurtiul tamper-
ing with laws before they have been long
enough in operation to test their character
Biennial sessions are held in about fifteen
States OF the Union. The tact that sew
eral of these States are younger than
OF any objection that may be urged
on the ground of the constructive and expert
mental necessities of new States. l again
commend the subject to your candid consid-
Grafton.
briefly adverted in my former message, to
the unsatisfactory operation of the existing
law relative to the power OF jnries in the pun
ishment OF capital crimes. The Objectionable
features of the law were fully and forcibly
dwelt upon by my predecessor in his two last
messages The evils of the law thus repeat
eddy set forth, were cmpnatically illustra ed
by a recent event, with the particulars OF
which you are all familiar. The audacious
attempt at bank robbery ct Northlield, result
ing til tie death of two citizens and the
w0unding Of a third, under circumstances OF
lnent which both the legal and the popular
verdict would have demanded. owing to the
peculiar detects Of this law. BY the simple
plea OF guilty, the perpetrators OF double
crime, richly deserving death, escape that
penalty by preventing the case from reaching
| the jury, who alone, can intiict it.. No cogen-
| oy OF reasoning founded upon theory OF law,
of its practice; and cannot believe you will
longer hesitate to act in the matter so plainly
requiring your intervention. Aside from the
question as to the righttulness of the death
penalty, q law which is so liable to abuse,
and which adds to the ordinary uncertainties
OF the administration OF. justice demands
prompt abolition or amendment. It offers a
constant temptation to the worst criminals to
cheat justice OF it's due, by making choice Of
their punishment upon their own plea: and
unless the evil be corrected, we may reasona-
bly, expect in future, an increased resort by
culprits, to the easy expedient OF avoiding all
risk Of death by choosing the certainty OF an
Imprisonment. which in turn, may prove Ill
uncertain penalty, in view q the chances
which cling to life.
As you will be asked to appropriate the
amount OF the reward offered for the appre-
hension OF the authors OF the Mortified out
rage, it may not be improper to detail here
some Of the circumstances which induced
! the action taken in that matter. On the sixth
of September last, band OF eight men, thor
oughiy armed and mounted, entered the vii
lage Of Mortified, in this State, and ,. in mid
day, while some OF them sought to overawe
| the citizens by bosterous Intimidation and
reckless firing in the streets, which caused
the death Of one person, the remainder at
tempted the robbery OF the bank. The at
tempt was frustrated by the heroic frmness
| Of the acting cashier, who paid the penalty by
! the forfeiture OF his noble life. The delay