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


essentials to our material prosperity we cannot
afford to be idle while our neigh in friend
" competition wrest from us these first condi-
tons to such prosperity. ..:-...
leave for your deiberation the choice Of
the methods best adapted to the object sought.
The experience Of other States is that the
sending and maintenance OF Agents in Now
all commensurate with the expense involved.
Until q comprehensive and systematic scheme
shall be happily secured and put in success
iul operation Isuggest that the revision and re-
publication of the excellent State immigration
pamphlet complied with adequate provision
for its wide distribution, would afford cheap,
practical and ready means toward the desired
end.
TREE PLANTING.
As practical consideration pertaining to
the inducements offered to immigrants can
not torbear to express my satisfaction with
the action OF the last Legislature for the pro-
motion of tree culture, and to the excellent re-
suits following it. BY the support given the
State Forestry Association, especially shaped
by the efforts OF its indetatigable secretary, a
comprehensive movement has been begun for
the prosecution of this important work.
About /, 350, 900 forest trees were planted on
our legal Arber Day and from seven to ten
millions ware, it is estimated, during the sea-
son OF 1876. 1t is to he regretted that through
the changed management of the st. Paul &
Pacific Railroad the noble work in tree plant
ing prosecuted by the First Division Of that
company has been stopped. Is it not incun-
the force thus withdrawn from this enterprise?
It is difficult in my judgment, to exaggerate
he ultimate benefits to be reasonably expect
ed from the successful prosecution of tree
culture. Succeeding generations will honor
the men through whose comprehensive TORE
sight our fertile praries shall have been man
tied with inviting groves. completing with
lacking as requisite l0r the abode of pros
porous people. Invoke your further aid in
this matter by whatever practical means may
commend themselves to your judgment.
D1sHoNoRRD BoSDs
In my first message communicated to your
honorable body one year ago l took occasion
to urge the performance of long neglected
duty on the part of the State i'll respect to the
adjustment Of our dishonored railroad bonds.
the evil OF practical repndiatio ', have served
to deepen my conviction OF the solemn obli-
CATION resting upon US in this matter: and 1
feel it to be my duty to reiterate the recon-
mendation then made and to emphasize the
reasons given for the prompt performance OF
an imperative duty.
Indeed lregard it as the first duty OF an Ex.
cCUIlVc W SudEA Will 1cSAONS St1AC VIC kVUtk
name of the Commonwealth whose sacred in
terests are committed to his charge; and can
therefore suffer no suitable occasion to pass
without renewing an earnest injunction tor
the performance Of q duty the neglect of
which constantly prejudioes our standing
among the reputable States OF the Union.
The reiterated verdict upon this subject
conveying in its conclusions both the highest
adjudications and the deepest moral and re-
Erioua ruinfinnu n IN hi m
elusive as to leave little or no room for an
honest difference of opinion. But in order to
dispel any possible doubt respecting the legal
aspect OF the question present summary Of
the legal recognition OF the validity Of the
bonds, by implication, precedent and express
decisions Of the highest Judicial tribu mails.
and party action respecting q recog milton of
this Indebtedness, it may he safely affirmed
that the State herself, actin in her strictly
sovereign capacity and through her legally
constituted authorities, has at least, by strong
implication, uniformly affirmed the validity
OF these bonds without deduction for fanciful
or imaginary equities. Her action in OBJ
structing the actual liquidation OF the bonds
they were invalid, that fact alone would be
conclusive against their payment. She again
affirmed the validity when, Instead of relying
upon the forfeiture clause OF the constitution
al amendment for remedy, she elected to fore
close the mortgage securing the bonds. She
again implied their validity when she re-
fused power, in 1860, to com pei certain banks
notes, to make good the de dcit resulting from
their depreciation. The validity Of the
bonds was again implied when in 1860 the
State authorities refused to abate taxes upon
them on the ground of their questionable val
idity, and she has repeatedly implied their
validity by taxing them at their face.
But we need not rely upon implied or in
direct support Of the validity of these bonds.
The courts have repeatedly affirmed this in
express terms. The validity Of the foreclos.
ures of the Instruments securing the bonds
and OF the titles OF the present companies
based therein, were sustained by the Supreme
Court OF this State in the case of Parcher
against the First Division OF the St. Paul &:
Pacific Rail Road Company (14th Mimi. Rep.
page 1871, and long line Of decisions with
which our reports are filed. If these bonds
were void the titles resting upon them would
be worthless
Upon denial of the validity of the bonds,
made upon the ground of the illegal incon.
gruity OF State legislature uniting with a
Territorial governor, in the passage of the
bond measure, Judge Dillon, in the United
States Circuit Court, disposed of the question
in the following energetic language:
1uttt tlc JULIUS Uclu ny Vic plttlntlu iTt
the legal obligations of the State and binding
upon it in la", honor, and justice l have nc
doubt; indeed counsel have not seriously
questioned that these bonds were not valid
They were issued pursuant to all amendment
to the Con stitution OF the State, adopted Ivy {
popular vote OF about thirty five Thousand
tor, to Gig hit thousand against, have been re-
peatedly recognized as valid by subsequent
Legislation OF the State and by the foreclosure
proceedings. Under these circumstances the
tact that it does not appear the acting Govern.
or OF the State signed the bill providing 70,
the submission to the people OF the loar
| amendment to the constitution is a matter o
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 thu
bonds; 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
the roads at the rate specified in the constitu-
| tioanl amendment; and the Stats obtained the
benefit Of the securities it took ter its indenl.
| MITIGATION and re-8ramted the property it &C.
| CURED ire, from al liens to the present com.
! Panies. Under these circumstances if the
State were suAblr in the courts there can be
| no doubt that the bonds would he legally en-.
| forcable against it. Justice and honor alike re.
| quire the State to recognize these bonds as
! binding upon it, and in the end the court Cal
| not doubt that the people of the State will &C
ordain. AState with such future before il
as the State OF Minnesota can not afford te
bear the Odium of renndiati0n And il there