Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-07-27

Hascal R. Brill and Martin J. SET sncs vho
are district judges of the said Stl3eE ~ ri
That deponent is Informed anl5Fqf1l EIeves
none of the judges of the said bnpreuie court
are disqualified or have declined to act under
the provisions OF the said act OF the legislature
for any reason specially applicable to said
court or the judges thereof. GGlF FAG9T
Ane that the said district judges have ac-
cepted esaid appointment, and are about to
hear, consider, and determine the matters IN
and by the said act submitted and as in said
actprovided.
Further deponent saith not, save that he
prays the allowance and issuance out Iof the
said supreme court Of q writ or process in the
nature of writ of prohibition not especially
provided for by law, as may be necessary TO
the furtherance of justice and the execution
of the laws directed 10 the said district Judges
prohibiting them and each Of them from
having, considering or determining the mat
tiers, or either of them, submitted In and by
the said act of the legislature as in said act
provided; upon the ground that the said act
of the Legislature is unconstitutional and
void, and upon the ground that the contin-
gency contemplated in section eight of the
said act has not arrived. 49, 80 go
DAVID A. SEcoMBE.
Subscribed and sworn to this Doth day of
July, 1881, berore 80. -
JAMES GILFILLAN, ga
Chief Justice of the Supreme Court.
On reading and filing the within affidavit
and on motion of David A. Secombe, the with
in named relator. it is ordered that the within
named district Judges show cause, If any they
have, before the within named supreme court,
ut the Capitol IN st. Paul, State Of Minuesota,
on the 28th day OF July, 1881, at 10 o'clock a.
M, why the writ prayed for within be not al
lowed and issued. fsre-~r, ,,s,t,.
July Is, 1881. 1..4...-..s,-
JAMES GILF1LEAN,
Chief Justice of the Supreme Court.
ADJoURNING PoR AwEEK TO THINK ABOUT IT.
Attorney General Hahn opposed delay jim the
proceedings. Mr. Cole held that every oppor-
tunity should be offered to the applicants for
Justice at the hands of the" State, and advoca.
ted an adjournment of the tribunal for few
days, or until such time as the supreme court
conld pass upon the matters contained in the
affidavit of Mr.. Secombe. Mr.. Gilman fol-
lowed in brief remarks in the same atrain,
ifter which the tribunal took recess for half
IN hour. The members returned in about
fifteen minutes, when Judge Young announced
that it was the opinion Of the tribunal that
The interests of the State would be best served
by an adjournment for onesweek. -. 80 -
+ Attorney General Hahn wished the fact Of
Mr. Secombe's affidavit to be made part of
The record of the adjournment, and after a
brief discussion it was allowed, the counsel
for the bondholders interpreting few objec
lions.
RETURN OF THE JUDGES.
After the adjournment of the tribunal the
following return to Mr.. Secembe's affidavit
was IL iced on file: a41Ey ,4.st..si.
In the matter of the application of David A.
secombe, for Writ of Prohibition to the
Judges of the district court, assembled under
N act of the legislature of the State OF Min
nesota, entitled "An act providing for the
adjustment of the Minnesota State railroad
bonds" approved March 2, 1881.
To the Supreme court of the State of Mime
sofa: -l-...s
Austin H. Young, John a. Brown, Francis
VI. Crosby, Hascall Brill and Martin j..
Severance. district judges of said State, men.
rioned in the affidavit of said Secombe, and
the order to show cause served on us,on the
10Th day of July, 1881, do hereby show cause
unto this honorable court why Writ of Pro-
hibition should not be issued as prayed.
They admit that such act was not passed by
two-thirds vote; that the governor of the
State assuming to act under and in pursuance
# said act, has appointed them to perform
the duties in said act provided
have accepted said appointment and are about
to enter upon the discharge of the duties, in
md by said act imposed upon them, as in said
act provided.
They deny that none of the judges of said
supreme court have declined to act under the
provisions of said act, for any reason specially
applicable to said court or The judges thereof,
but aver that a i of said judges have declined
to act for reasons specially applicable to the
Judges of the supreme court and not applicable
to the district Judges Of the State, and in the
discharge of their duties under said act, they,
the district Judges aforesaid, met and organ
| lied on the 26th day of July, 1881, and were
about proceeding as in said act provided, when
Hon. W. j. Hahn, attorney general OF the State
of Minnesota, appeared specially on behalf of
said State, and presented to and filed with said
judges, certain objections to their proceeding
| to act under said act, a copy of which objec-
| this return, and that Immediately thereafter,
the order to show cause and the affidavit of
said Secombe was served on each of
said Judges; that the said objections so
filed by the attorney general, are
still pending and undetermined; that
thereupon they adjourned for one week from
this day. at which time it is their intention to
proceed in the discharge of their duties under
this act unless prohibited by order of this
court. -' - 49, - --.s-3-i ~ go
Dated July 26, 1881. @va sscisaa--,
AUSTIN 81. YOUNG,
F. M. CROSBY,
~ JOHN 81. BRowN,- =
MARTIN j. SEVERANCE, =
HAsOAL R. BRILLafIo g
All of which was certified to before VIM. T..
Bramhall, notary public, Ramsey county,
Mimi. 9l t1ase c
The Act Under Which the Tribunal u Or
gGssised. Ble ,siicg f93-1-l@
The following is the portion Of the act I'M
der which the tribunal lssorganized, and pre-
scribes the question to be considered: b b
Be it enacted by the Legislature of the State OF
Minnesota: asasgfg .9s 80 ad.
Section1. For the purposes of this act, the
principal of said Minnesota State railroad
bonds shall be considered aspresently due and
yable. Any holder of said bonds who de-
slres to avail himself Of the provisions OF
this act must deposit his bonds and coupons
with the State auditor, accompanied by an
agreement in writing, obligating himself to
accept in lieu of such bonds and coupons and
| in full payment and satisfaction thereof, 80
per cent of the amount nominally due upon
said bonds and coupons, less the deduction
hereinafter provided for, in cash, or in new
nonds of the State, as provided for in this
act. s.54Tgs
Sec. Q: The judges of the supreme court,
are hereby, authorized. and required to hear,
consider and determine the matters herein
Submitted, and as in this act provided. Said