Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-03-01
afternoon Session.

1uC I1OuSC lC-COuNCuCS dO O.cO 4hLi .
James Smith,. Jr., having the floor. He said
that the question of the original issue OF the
railroad bonds were familiar to him and many
others, and before answering the legal points
of the gentleman from WinOna he would give
a brief history of the transaction.
1t was not true that the people of the State
were ignorant of the responsibility incurred by
the constitutional amendment authorizing the
issue of the bonds. A convention had been
held in st. Paul opposed to the amendment,
when a State central committee had been APP
Of the State were also equally divided on the
subject, which was fully and iairly discussed
on both sides. He had opposed it for the rea-
son that he did not think the interests of the
State were properly guarded, holding that the
bonds should be issued on completed road, not
upon graded road. Notwithstanding all that
had been said in opposition to the amendment
the people. with their eyes open, voted by an
overwhelming majority in favor OF the issue
of the bonds.
He was sorry that the gentleman from Wi
mona had begun his argument by making a
charge against the integrity of the members
of this House for which he ought to have
been regretful as soon as it was uttered. He
had stated that many unheard of conversions
had been made like unto that of Saul, and in
simulated that members had been Influenced by
suit on his own behalf and on behalf of the
members of the House. 1t was an Infamous
charge.
Mr.. Smith then referred to the female lob
byist, and stated that the gentleman had fallen
into mistake: that she did not carry off a
carpet-bag full of bonds, but simply con-
tract that called for bonds in case certain bill
before Congress should be passed, and to this
day she has never received bond or cent of
pay.
The amendment suggested by the gentleman
to submit all these questions to the people
would render the bill wholly nugatory. If the
amendment repudiating the bonds is found to
be unconstitutional, then there should
be a provision in it giving it
contains But if the amendment IS decided to
be Valid then the bill does contain provision
for it's submission to the people, just as there
should be. He thought the bill as it stood
very proper one, and the amendment calculated
to kill it, i.
The gentleman had talked good deal about
the obligation to support the constitution.
He seemed to have forgotten that the first OBJ
legation member took upon himself was to
support the institution and laws of the Unit
ed States, the supreme law of the land. One
of the provisions of that instrument was that
States should not pass any law lmpairIng the
validity of contracts. The repudiating amend
ment to the State constitution was such an
act as is prohibited in the federal constitution,
and in his opinion was invalid. Why not,
therefore, submit the question to competent
tribunal for decision?
Mr.. Smith proceeded to argue in favor of
the competency of the legislature to Judge as
to the constitutionality of any question, and
by the exercise of that judgment he does not
violate his OATH The legislature also has thes
right to provide for the determination of this
question by the supreme court CT by any 9TH
er tribunal it may see fit to create. The courts
have the power to decide the question if it
could be properly brought before them. What
these bids propose to do was to give the courts
the opportunity to take Jurisdiction of the
case and decide whether or not the State is liza
BILE for the amount of the bonds issued by vir
tue of the official acts of the representatives
of the people.
The gentleman from Winona had said great
deal about what Mr.. Chamberlain had earned
in grading the roads, and had quoted from the
report of the st. Paul engineer, Mr.. Sewall.
That report allowed only Is cents cubic yard
for excavations, whereas the cost was much
greater. The average cost of the excavations
on the st. Paul & Duluth road was about
double that amount. 1t should
also be remembered that at that time
it was necessary to transport all provisions
for the laborers on the backs of men for many
miles. They had to be brought up the river
in boats, and then transported overland on
the backs of men. Thus the cost of grading