Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-02-18
SETTLING THE BONDS. =

+, .
| MI Il lllANO lAU DONlJC, as
q
COmstOck's Bill, which Caused 81 Rreaxo
! in the Bouse-Pronos,t,on +o A,,o a.,
on ~ Auo" the
courts to Decide.
Tho fo,,o.; a. eI, 4e
10 WIG LUZ teAI VI representa-
| Tive Comstock's bill offered in the House on
| the 18th:
Dill Tor an act to provide for the determination of
the question Of the liability of the State to nav the
so-caled Minnesota State railroad bonds
WHEREAS, The people of Minnesota feel a inst
pride in their young, prosperous and growing state
and recognzel as the chief duty of this generaon
10 preserve for her fair fame, and hand down to
stain OF reputation or dishonor and deem soun1
principles and honesty and heroic action legacy for
tnelr children OF far greater value than all Others
and,
WHEREAS, It is charged, and many good neonle 1T
the United States and State of Minnesota believe
Or tI. a1ect to believe, that the people of
tnls state perslstently and without proper
cause refuse to recognize pay interest or principal
VI JUST dept alleged to have been assumed in the
cary DAYS OF TINS State; and
- WHEREA6, large majority Of the people Of this
state believe that the State is not liable in law or
eluty 70 pay any portion OF said alleged debt, and
mas Iu ana valid defence to any suit claim for
anu ZOE tnis reason alone refuse to favor the pay
lnent or recognition OF the same; therefore to the
emo tnat 1t may be fully and fairly determined
wiener IN part any alleged claim ant Indebtedness
oAle against tne state OF Minnesota which the peo-
20 pr lsiuse 10 recognize and pay,
20 q esucteo oy tHe Le0SSt0ture OF tile State Of
nHtHeSOt0:
Section l. That any person, persons or CORPORA
tois noidlng any OF the so-called Minnesota State
Iainoao oonds may bring suit upon the against
the state OF minnesota in the and before the
Coule as hereinafter provided upon filing with the
governor OF THIS State within sixty days after the
OF tns act formal acceptance in writing Of
'nt "a ace ana al tne provisions thereof.
oec q oe1ore OF at Inc tlme OF Hing the petition
salu court as hereinafter provided the party petit
uoHluS s!au lie Win the clerk OF court all the said
so-caleo minnesota State railroad bonds, described
ieIe1ieu 70 III inc petltlOn to be disposed of by
eaiu court US hereinafter provided.
oSo. o. AZ any ume prior to the LIST day of Sep
tano ~ a, -. 1917, any person. persons, corpora
~ VI Paices VINO nave neo their acceptance with
is e OF ths state OF tins act and all the pro-
s .ie,eoA ana VINO Is tae owner and holder Of
any % saiu so-caied minnesota State railroad bonds
nay hie MS or their petition against the State of
Minnesota IN the district court OF the Sixth judicial
usiict ana county OF Blue Earth, setting forth in
- ano conclse manner al the facts upon which
Is CLAIMED tnat the State became and IS indebted to
sucn party or parties and it shall be the duty the
clerk Of OF sad court redately upon the filing Of
any petition under this act to transmit copy of the
same to the attorney general Of this State who shall
thereupon appear and defend in said action and said
court snau not proceed in sud cause any cause
saer tn,s ACT until the attorney general has an
swe!eo tnere'n and taken testimony i'll support of
us ana nothed SAID court that the State is
ieauy 10 proceed to the trial thereof
sec. shall be the duty of the attorney general
ana any ana an counsel associated with him for the
elate TO piead ny way OF cross bill in equity
equlaple de1ense under the code all fraud, misrep
rssentauon and deceit connected with the original
issue OF SAID ponds to the various railroad companies
OF ts state or other parties for them otherwise
ana all failure Of consideration whether the be
.ota or partial, and all frauds and corruption con-
hected with the adoption Of the constitutional
ment authorizing the issue of said bonds upon
TAN co and as far as possible all msrepresen-
taons to the electors of the State made by any par
ties before the election held upon said constitutional
amendment end all said Misrepresentation made by
the members of the Legislature 1878. and pub
hshed over the whole State that no tax could or
would be levied to pay principal or interest of
said bonds all the said facts may be proved and
shall be received in evidence under the gen.
erai issue If the attorney general so elects
and in the trial and determination of all causes
brought under this, and all deceit fraud m;srepre-
sentaton and COZ ruption committed with the ador-
ton OF said constitutional amendment and the issue
of said alleged bonds, shall be deemed and consider
ed committed by the parties to whom or for whose ben
eht they were issued unless such parties show by
evidence that they publicly exposed and denounced
the same during the time that said questions were
pending before the people and before the election
aooPung SAD amendment and before the said
oonds.
sec. D. On the hrst Monday OF September, A. d.
1859, there shau be held in the court house in the
CITY OF Mankato, special term of said district ,ur,
by HON. u. A. Dickinson, judge OF said district, who
sha preside, and In case OF his death or disability
then MS successor in said district shall preside
sisted by the judges of the First and Eleventh judi
clal districts, to hear and determine such of said
cases brought under this act may then be ready
for trial. and said judges sitting in banc shall hear
and determine the same as equity cases at common
law upon the pleadings and proofs which shall have
been taken before trial. and which, with the
peadlngs, shall in all be printed Such Judges
shall have all the powers of judges holding regular
terms Of the district court to adjourn from day to
DAY and time to time, as shall to the fullest extent
accommodated the itigants and business of said
court and the said special term shall continue until
an cases filed and commenced under this act are
nnay disposed OF IN SAID court; and said judges sit
ting In said special term shall have powers to
mon witnesses and exercise all other powers vested
In them by law except as herein otherwise pro-
Sec. 5. Upon the final hearing of any case COM
menced under the provisions eft this act said court
shal render Judgment therein according to the
its thereof as determined upon principles Of law
equity as the same are determined between man and
man. and the only charges intended by this act being
limited to rules of pleading and evidence as herein
provided, and each shall be determi ned upon
the merits thereof as the existed between the
State and the party to whom said bonds first
issued or were delivered. Each and all holders of
said bonds shall be djndge by said court to have
taken the with notice of all the equities per-
tanning to the same and no one shall have any higher
better claim against the State than the party to
whom said bonds were issued. If the Judgment of
said court shall be against the claimants then said
court at the piration of thirty DAYS after said
ments entered III the event that appeal is taken
as herelna tier provided and in the event that APP
peal is taken, then thirty days after such Judgment
upon the mandate Of the supreme court shall burn
said bonds and cause a record to be made of the
number of bonds and coupons so burned and the de-
nomination, number and amount of each and cause
duplicate OF said record to be forwarded to the
dltor Of state who shall cause the same to be re-
and if the judgment of said be that said bonds
constitute and are legal claim against the State
under the provisions of this act, then said bonds
shall be attached to and made part of the iudg emf
role in said action and COW Of said iudonent dnlv
certified shall be delivered to the claimant at the ex