Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-08-04

~. A' AA"e wA01o Cuu Ao6 seaesuAc AeAS
Otto, AS. The truth is, States borrowing
money are not acting in their sovereign Ca
pacity.
What are the Missouri skies in which our
school fund is invested? What the millions Of
securitles,s State and national, in which the,
funds of the old, the infirm, widows and
obiigatlonss No, that is population
nonsense. True, the contracts can
not always be enforced. But there is q
second remedial right (Pomeroy) in the power
of the legislature to preserve the public faith
to levy taxes for payment of public debts.
The attorney general argues that the obi
cation is the remedy-that If there is no rem
edy, there is no obligation. Yet you can i'm
pair or change a remedy, but not the Obliga-'
ton. You may modify the rule of evidence.
The mode of procedure may be changed, but
the second remedial right is in the hands of
somebody. In the case of the State itcan
only be vested in the legislature, and all HUI
man experience shows it will not fail to be ex-
ercised through a series of years. RESPONSE
bility does give character. Four times our
legislators have come up from the people and
sent back to their recalcitrant constituencies
propositions for settlement of these
bonds. They would have been
adjusted years ago but for this
amendment. But for the infamous surrender
by the legislature, of which friend SecOmbe
was member, of a sacred trust. AR ~
Is Wallace, 646-The constitution of Geor-
gia attempted to close the courts against
certain class of cases and the United States
courts held it void. The State courts obeyed
it, If there had been no right of appeal to
the United States courts there would then, ac-
cording to the other side here, been no obliga-
ton. But if the Georgia courts had disre-
garded the constitution, would any court have
set aside their DEGREES? J +. J
Our legislature has voluntarily furnished us
a remedy, which the constitutional amend
ment of 1850 undertook to deprive US of. In
the Georgia case the remedy was denied in
pursuance of a constitutional provision which
was declared void because of impairing the
obligation of contracts. -,
Story: 1t seems agreed that where the obi
cation of CONTRACTS is spoken of in the consti-
tuition, it means legal Obligation. Again:
its existence is cO-extensive with its stipula-
tions Sec. 1882: The civil obligation,
though it cannot exist contrary to the statute,
may exist though there is no present adequate
| remedy to enforce it. would be willing to
leave it to the rankest repudiatiOnist In the
land whether Story on the Constitution is not
authority for me instead of the adjutant gen.
eral. .5 ,iE 5ag -
Ogden VS.. Saunders Contracts made while
part of them for all time. This goes to show
that our bonds have for all time their original
right, and that the power of the legislature
to provide for their payment stands irrevOca.
ble-the law of the contract Judge Trimble
defines the obligation of a contract as the law
| which binds to its performance. The legislative
trust was the power to levy and appropriate.
The very instant the Legislature Invested itself
| of that power, efficiency faded out of the
contract. We have since seen the legislature
ready to carry out the contract. We have
seen how difficult it is to educate the people
up to the keen sense of State faith which is
| felt in commercial circles.
But just the point desire to make is, that
the legislative power attached and follows
our contract until these bonds are
| adjusted and paid. No more summary means
exists than the power of the legislature to
| levy, collect and pay.
If the contract is delayed or impeded it is a
violation of the clause prohibiting the i'm
| pairment of the obligation of contract
| State and public obligations were among
the most prominent [Federalist] in the minds
of the trainers of the constitution when they
framed the clause. They were intending to
protect posterity from public reputation.
Cranch, 1877 Tor 337 ID Curtis.) Contracts
executory or executed are alike protected.
This applies to contracts of every character.
| If the State is not included it must be from
the character of the party not from the Ian
guage of the constitution. But the State is
| included. 1t cannot impair the obligation of
| it's own contract.
| If the State, as at first, could be sued, it
would be conceded this amendment (of 1S6O)
impaired the.obligation. But that being struck
out ofthe national constitution does not change
the intent OF it's trainers as to the contracts
which should not be impaired. 1t didn' It
change the clause prohibiting the State from
impairing the obligation of its contracts.
| Itwould be absurd to say the bond would
| be valid in the hands OF State and not in the
hands of my client Suppose State treasurer
should defeult in 81, 0OO, 900, and, being sued
| by the State, buy these bonds. Why couldn't
| he set them up and bar proceedings? These
State contracts are enforced by the courts when
ever they can get ut the State. The contract, on
! his own theory, cannot be said to have no OBJ
! legation, for there are great variety of ways
and contingencies for enforcing rights.
In the Virginia courts the power of injunc-
| ton as to taxing the State bonds was exer-
cised. The obligation of the contract is not
changed by our State rule that mandamus will
not lie. si,F ea
When tho constitution permits one State to
sue another, if Judgment is rendered some
way will be found to enforce the Judgment
| There Is sufficient inherent power some
| where to enforce the mandates of the
courts. The court will never say, if there is
no remedy there is no obligation. c-Io 81
Harris on stat, At, The legislature is pro-
hibited as to every contract. It is immaterial
whether it is between the State and an indi-
vidual, or between individuals only. The OBJ
legation and rights cannot be impaired con-
not be annulled at the pleasure Of the iegis-
lature. l
Nude pacts are not contracts, yet my friend
seeks to liken them to contracts made by a
sovereign State.
Through this amendment of 1860 the legis-
lature surrended to the people the only thing
valuable in our bonds, its trust, the agree
ment of the people that it should levy and
collect the taxes for their payment. 5,y
Here Gen. Cole suspended his argument and
the court adjourned to 9 a. m. to-day. Gen.
Cole will conclude probably about the middle
Of to-day's sitting, and will be Immediately
followed by Mr.. Secombe.
ERRING DAUGHTERS.
A Singular Coincidence Among the Hap