Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-09-11

For it is still Ia the power snd is still the duty of
the legislature to provide for payment Of the bonds
The objection that the act Of March q 1881, attempts
to delegate legislative power requires reference to
Several sections of the act to ascertain what is re-
fsrred to the judges to decde-what effect is given
to their decision and what is made to depend upon
their decision: .e.
Section 9 constitutes the judges of the
supreme court q tribunal (the places of
those judges disqualified or declining to
act to be filed, provided in section g. by the gov
ernor appointing judges of the district courts) to
hear, consider and determine the matter submitted
TO them by the act. Section provides: said
judges shall hear arguments, determine ard decide
whether the legislature has power to provide for the
payment adjustment or settlement of the labih-
~ of the State on said Minnesota railroad bonds
without submitting The matter to vote Of the cleo
tors of the State. notwithstanding the amendment
to section p article of the constitution, adopted
November 6, 1860, "It appoints time and place for
them to meet and for filing their decision with the
clerk Of the, supreme court. Section 4provides
that the clerk of the court, soon the decision
shall be fled with him, shall prepare and file with the
state auditor certified copy of such decision and it
proceeds: "If the decision be against the validity Of
such constitutional amendment, or that the legsla-
ture has power to provide for the settlement of sad
bonds without submission to the people, then it
shall be the duty of the governor and auditor of
state to cause to be prepared bonds Of the State
which new bonds shall be styled Minnesota State
Railroad Adjustment Bonds,'" the new bonds to be
exchanged for the old ones. Section provides
SIN sase the decision of the tribunal
TO whom tQe YauQlty OF SAID con-
stitutionsl amendment shall be subpitted under
the provisions of this act shall be in favor of the
validity of sch amendment aad that the legisla-
ture has not power to provide for the adjustment
of said bonds without submission to the
people, then this act shs be submitted to the cleo
tors Of the State OF Minnesota the next general
election to be held therein after the fling Of said
decision and within sixty days after said election,
if said act shall be adopted by majority Of said
electors, present and voting thereon, the pro-
ceedngs shall be had for the settlement and just
ment of said Minnesota State railroad bonds az
herelnbefore provided for in case Of decision by
the court holding said amendment invalid
1t then provides the mode for submitting it to the
people and of voting it section six provides fer
the tribunal computing and reporting the amount
certain judgments and the payment, by the State,
in the new bonds or in money, ofxfty per cent. Of
such amount. Section provides for the tri-
bunal ascertaining and reporting upon claims for
work. labor services performed, for provisions,
boarding of contractors, worknen others, or for
material or supplies OF any kind furnished and &C.
tualy- used in the location and construc-
ton of either or any part Of the
lines of railroad Of the land grant
railroad companies, which received said
State railroad bonds from the State, which
occurred prior to the time when the State acquired
and transferred said lines of railroad and for the
payment within stated aggregate amount of so per
sent. Of such claims in money oInew bonds" Section
establishes fund for the payment of the interest
on the new bonds.
1t is principle not questioned that, except where
authorized by the constitution, as in respect to
municipalities, the legislature cannot delegate legs-
latiye power; cannot confer on anybody or person