The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1881-08-04
: MINNESOTA RAILROAD BONDS,


MINNESOTA RAILROAD BONDS,
Meeting OF the Commission Of Judges Of
District Courts.
Objections to Jurisdlctiou and AdjouEnment
to August 2.
On Tuesday, the 26th inst, he members Of
the commission authorized by IN ct Of the
last legislature for the adjustment Of the state
RAILROAD bonds" Of Minnesota, assembled at
the temporary state capitol in st. Paul. A
largo number Of noted people were preeent.
including Gov. Pillsbury, ox-Gov Sibley, and
the largest bond-holdeF, Mr.. 6elah Chamber
lain of Cleveland.
Tho state was represented in opposition to the
validity Of the commission by Attorney General
Hahn, assisted by Judge Thomas Wilson, Of
Mlnona, and Hon. Daniel Buck, Of Mankato
1be bondh',lders counsel were Hons. Gordon
born.
At ten o'clock the five district judges, who
composed the commission, appeared and took
'e4@: A.. IN! Ihe following are the judges,
Second District-H. r. Brill of St Paul.
Fourth District-A. H. Young Of Minneapolis
Sixth District-M J. Severance Of Nankato.
Twelfth District]. H. Brown of Willmar.
Judge A. H. Young president, with judges
Sror Sroxs and Severance on bis right and judges
ols, clerk of the Board, called the board to Of
Ger. When H. J. Hahn, State Attorney Gener-
al stated that he appeared on part of the state.
ana submitted objections to the jurisdiction Of
the tribunal as follows:
THE ATTORNEY GENARALs oB1rc11 oNs:
snA t1,4
behalf Of the State Of Ninnesots, now comes
aud appears specially for the sole purpose Of
making and filing this plea or objection. and he
objects to AMI denies the right authority, or
jurisdiction Of said judges, or any OF either Of
OF them, to act - tribunal or otherwise, to
entertain, hear, consider, determine, pass up
on, or decide any of the matters, things, or
questions submitted, or attempted or propoeed
to be submitted to them, or any of them by IN
act OF the Legislature, approved March 3, 1851,
entitled "An act providing for the adjustment
OF the Minnesota State Railroad bonds, ;" for the
UNCONSTITUTIONAL
and imperative In that:
lst 1t Is improper, incompetent and unoon-
sritutional for the Legislature to submit or st-
tempt to submit to said judges or forcsaid
judges to entertain, hear, consider or decide
any of the questions, matters or things 20 SUBJ
mitted or attempted to be submitted BY said act
ct the Legislature.
I'd: The power and duty Of enacting laws,
which includes the power and duty Of deciding
when and under What circumstance aush laws
shall 60 into effect, 10 conferred on the Legis-
lsture Of the state aud cannot te delegated by
the Legislature to any other person or body.
Sd 1t is the duty of the legislature in tho
first instance to decide for itself the constitu-
tionality Of any law, and it's decision 30 made
can only be reversed by the courts constituted
and stablished ss provided BY the constitution.
18th. The said act does aot operate or propose
to operate propria vigore but only by tho man.
date Of this tribunal expressed subsequent to
its enactment in pursuance of the invitation ex-
tended to it by the legislature.
9TH. All that part of said act after and in
Guiding section 3. is to take effect and become
operative on the decision Of this tribunal and
not on the decision and judgement Of the l7gis-
lature.
9TH. The legislature has no authority or
right to impose or confer on the judges any
powers or duties not judicial, nor have the
judges any right to exercise or to presume to
exercise. auy other than judicial powers.
9TH. The legislature has no right to ask Of
nor has the said court or judges the right to
give their opinion on any question 90 submitted
or attempted to be submitted to them by said
act, except In judicial proceeding properly
instituted and pending in said court.
Sth. The powers and duties attempted to be
necessarily and essentially judicial, and, there
fore, under section Of "A ticle 6 of the Consti-
tutiOn Of the State, can only be conferred upon
or exercised by tho courts created ~ provided
by the Constitution.
9th. The tribunal. if any, created or at-
tempted to be created by said act, il it has any
right, power or authority to hear, consider or
determine any or either of the matters therein
submitted or attempted to he submitted to it,
posseeses snch right or power because it is .
Judicial tribunal, and it has no right, power or
authority to act IL euch because the Legiela-
ture did not establish tho same by two thirds
vote, as required by section l, article &, of the
Constitution, and this fact the State is ready to
verify.
10th. Section 5, Article 9, of the Constitu-
ton provides that no law contrac ing or pro-
vidiDg for public dobt, for the purpose OF de-
frayin8 extraordinary expenditures, shall take
effect until it has been passed by the vote Of
o-unrds Of the mombers Of each branch Of
the Legislature, to be recorded by the yeas and
~, whereas the act under which this tribunal
pretends to act does provide for public debt
for the purpose Of defraying extraordinary ex-
penses, but was not passed by vote of two
thirds OF the members Of each branch of the
Legislature, as the State is ready to verify.
l1th. That you are not legally constituted or
organized under or in pursuance Of the pro-
visions OF said act Of the Legislature in this:
The said act constitutes, 90 far ~ the Lcgisla-
ture had the power to do 20, the Judges of the
Supreme Court such tribunal, and only in case
Of the disqualification Of any Of the Judges of
the Supreme Court, or Of their declination for
any reaeon specially applicable to said Court
or the Judges thereof, 10 the Governor author
lied or empowered to appoint or select, AZ .
member Of such tribunal, Judge OF the Dis
trict Court
10TH And the record does not show, az in
case Of epecial tribunals it must show, juris-
diction. And that none of the members Of the
tribunal have the right TO assume that he is
qualified and has . right to cit as member
thereof.
It appears that on Mondsy, D. A. Secombe,
lawyer of Minneapolis, had sued ont Of the
supreme court q temporary writ OF prohibition
against the meeting Of the commission and its
on it by the act Of the legislature creating the
board, and At the conclusion of Mr.. Hahn's OBJ
tections Mr.. Nichols. arose aud served the fol
lowing affidavit and order upon each Of the
judges composing the comnission.
THE wR1Ts of PROHIBITION.
State Of Minnesota-Ramsey County-ss.-
David A. secombe, being duly sworn, says that
he is . citizen, voter and taxpayer of the city OF
Minneapolis in said State.
That the Legislature Of the said State, At its
last session, passed IN act entitled IN act pro-
vidiug for the adjustment of the Minnesota
0t0s0 AAAS>Nu AOAAAoS oPpA ~S0sSAA - 40 -
That said act WAS not passed by two thirds
vote of the said Legislature.
That the Governor of the State, assuming to
act under and ia pursuance of section 8 Of said
act, has appointed in the place Of the Judges Of
the Supreme Court Of the State, Austin II.
Young, John H. Brown, frances Crosby, Has
col R. Brill, aud Martin J. Severance, who arc
District Judges Of the said State.
That deponent is informed and verify believes
none Of tho Judges of tho said Supreme Court
are disqualified Or have declined r. act under
the provisions of the said act Of the Legislature
for one reason specially applicable to said
Court or the Judges thereof.
And that the said District Judges have &C.
cepted the said appointment, and arc about to
hear, consider, and determine tho alters in
and by the said act submitted and as in said act
provided.
Further deponent saith not, save that he
prays the allowance and issuance out Of the
said Supreme Court of . writ or process in the
nature OF = writ Of prohibition not especially
provided for by law, - may be necessary 70
tho furtherauce Of justice and the execution Of
the laws directed TO the said District Judges
prohibiting them and each OF them from hav-
ing, considering or determining tho matters, OF
eithle Of them, submitted ia md BY tie sid ct