Morris tribune., 1881-12-01
Senate Files Vet ed,


s. F. 11s-An act to authorize the supervisors
OF the town of OroGoco in the county of Olmstead,
State of Minnesota issue bonds for the purpose OF
loaning the same the proceeds from the sale
thereof for the building of Touring mill in the
town or village of Oronoca in said county and State
aforesaid.
This bill was vetoed by the governor in response
to an opinion of the attorney general suggesting
such action, from which the following extracts
made:
The act is clearly and palpably unconstitutional
and if approved and bonds should be issued under
oD they sy S0ud be tbsr WORTHLESS Lga ad
probably ensue, their payment be enjoined, and the
town be charged with reputation. The legislature
has no authority to pass laws enabling towns by
gifts or loans of money bonds to assist ndivid-
uals or corporations to establish or carry on manu-
featuring enterprises. Such gifts loans can only
be raised by taxation, ana taxation only be re-
pose is not public purpose within the meaning Of
the constitution, as said by the supreme court q
Maine in SO Maine 572, individuals and corpora
tions embark in manufactures for the pur-
Their purposes and objects are precisely
the same as those of the farmer,
the mechanic or the day laborer. If the
manufacturing be gainfui, there seems to be no
public purpose to be accomplished by assessing a
tax on reluctant citizens and coercng its collection
10 swell the gains OF successful enterprise. II the
business is losing one, it is not readily perceived
what public or governmental purpose is attained
by taxing those who would have received no share
OF the ptofs to pay for the loss of an unpr9sper;
not be compelled to pay for the loss where he is
denied share of the profit.
If the right Of confscating the private property of
branch of industry can be conferred on towns, one
does not easily where what bounds can be
imposed or limitations made"
Other authorities quoted by the attorney general
Judge Miller in 20 Wallace, 665; Chief Justice
Black in 81 Pa St.. 16S: Dillon on Municipal
CORPORATIONS, section 535; Cooley on Taxation,
rs; 103 Moss 104: DiAon 353; 9 Kane $50.
1t is true that by this bill the bonds or their pro-
ceeds to be loaned, and security for the repay
ment is to be taken, but as said III 50 Mo-, 500:
Towns are not banking corporations. 1t
may be taking ones money without his consent to
be loaned to an individual whom its owner would
not trust, for time which might be in
convenient for purpose which he might
deem lnjudcious and at rate of interest at which
ae would decline lending to any one 1t is no
answer that the loan may be repaid" The case In
GO Me-, 124 is directly in point, and the court
unanimously held that placing it in the shape of 4
loan did not relieve the act from objection.
s. F. 193-An ac' lthorizing Lille L. Bennett to
convey certain real ;ate in MOBILES county in the
State of Minnesota,
This bill is not approved because special legiSla-
tion of this kind is mischievons in character and
liable to gross abuse. 1t should be resored to, if
ever only in cases OF peculiar necessity and for good
reasons, which do not appear in this case,
S. F. 140-An act to provide for the purchase of
general statutes of 1873 with supp ement thereto.
This bill was disapproved for the reasons given
below:
The State offices, as well as the several counties
so far known, being already supplied with copies
of the general statutes, 1873, the purchase of
1000 additional copies is disspproved as
wise and unnecessary expenditure of public money.
especially as continued amendments of the statutes
would render them comparatively useless long
before SO large a number would be called for and
large portion would thus remain loss the State.
1 would have approved the purchase of 200 copies
to meet contingencies, but experience shows that
waste and loss are sure to result from an over sup
ply of volumes that are liable to. continued depreci
alton in value 1t is better that such copies are
imperatively required by counties or towns should
be obtained directly from the publishers.
S. F. 204-An act to amend section &c of title 1,
chapter "a, general statutes 1873. The reasons
for dsapproval of this bill were precisely the same
as those given for house file 332.