Morris tribune., 1881-08-04
MINNESOTA RAILROAD BONDS.

MINNESOTA RAILROAD BONDS.
Meeting of the Commission OF Judges of
District Courts.
Objections to Jurisdiction and Adjournment
to August 2.
On Tuesday, the 26th inst, the members Of
the commission authorized by an act of the
last legislature for the adjustment Of the state
railroad bonds" of Minnesota, assembled at
the temporary state capitol in St Paul.
large number of noted people were present,
including Gov Pillsbury, ex-Gov. Sibley, and
the largest ond-holder, Mr.. Selah Chamber
lain of Cleveland.
The state was represented in opposition to the
validity of the commission by Attorney General
Hahn, assisted by Judge Thomas Wilson, of
Winona, and Hon. Daniel Buck, of Mankato
The bondhulders counsel were Hons. Gordon
d. Cole, j. N. Gilman and Gen. John B. San
born.
At ten o'clock the five district Judges, who
composed the commission, appeared and took
seats. The following are the Judges:
First District-F. NJ. Crosby of Hastings
Second District-H. r. Brill of St Paul
Fourth District-A r. Young of Minneapolis
Sixth District-M J. Severance of Mankato.
Twelfth District. b. Brown of Willmar.
Judge A. d. Young president, with judges
Brown and Severance on his right and judges
Crosby AID Brill on his left Samuel e. Mich
OILS, clerk of the Board, called the board to or
Ger. When 81. 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 GENARAL's oBJECu oNs:
The undersigned, the Attorney General, on
behalf of the State of Minnesota, now comes
and appears specially for the sole purpose of
making aud filing this plea or objection, and he
objects to and denies the right, authority, or
Jurisdiction of said judges, or any or either Of
of them, to act as tribunal or otherwise, to
entertain, hear, consider, determine, pass up
on, or decide any of the matters, things, or
questions submitted, or attempted or proposed
to be submitted to them, or any of them by an
entitled "An act providing for the adjustment
of the Minnesota State Railroad bonds, !" for the
reason that said act is
UNCONSTITUTIONAL
and imperative in that:
LIST. 1t is improper, incompetent and uncon.
sritut1onal for the Legislature to submit or at
tempt to submit to said judges or foresaid
judges to entertain, hear, consider or decide
any of the questions, matters or things so sub
mitted or attempted to be submitted by said act
Of the Legislature.
I'd. The power and duty of enacting laws,
which includes the power and duty of deciding
when and under what circumstance suah laws
shall go into effect, is conferred on the Legis-
lature of the state and cannot be delegated by
the Legislature to any other person or body.
Sd 1t is the duty of the legislature in the
first instance to decide for itself the consttu-
honality of any law, and its decision 90 made
can only be reversed by the courts constituted
and established 90 prnvidad NJ tho copefifr,S,or
4th. The said act does not operate or propose
to operate propria vigore but only by the 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 lsgis-
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, any other than judicial powers.
9TH. The legislature has no right to ask of
the supreme court, or of the judges thereof,
nor has the said court or judges the right to
give their opinion on any question SO 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
conferred on the tribunal are in their nature
necessarily and essentially judicial, and, there
fore, under section of Al ticle 6 of the Consti-
tuition Of the State, can only be conferred upon
or exercised by the courts created as provided
by the Constitution.
9th. The tribunal, if any, created or at
tempted to be created by said act, If it has any
right, power or authority to hear, consider or
determine any or either of the matters therein
submitted or attempted to be submitted to It,
o,,o1, L.. =
Judicial tribunal, and it has no right, power or
authority to act as such because the Legisla-
ture did not establish the same by a two-thirds
vote, as required by section 1, article 6, of the
Constitution, and this fact the State is ready to
verify.
10th. Section 5, Article 8, of the Constitu-
tion provides that no law contrac ing or pro-
viding for public debt for the purpose of de-
fraying extraordinary expenditures, shall take
effect until it has been passed by the vote Of
two hlrds Of the members of each branch of
the Legislature, to be recorded by the yeas and
nays on the journals Of each House respective
ly, whereas the act under which this tribunal
pretends to act does provide for q 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-
The said act constitutes, so far as the Legisla-
ture had the power to do so, 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 reason specially applicable to said Court
lied or empowered to appoint or select as
member of such tribunal, q Judge Of the Dis
trict Court
18th. And the record does not show, as in
case of special 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 sit as member
thereof.
II appears that on Monday, d. A. Secombe,
lawyer of Minneapolis, had sued out of the
supreme court a temporary writ Of prohibition
against the meeting Of the commission and its
attempting to discharge the duties imposed up
on it BY the act of the legislature creating the
iechons Mr. Nichols, arose and served the fol-
lowing affidavit and order upon each Of the
judges composing the commission.
THE wRITs of PROHIBITION.
State of Minneeota-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 an act entitled an act pro-
viding for the adjustment of the Minnesota
State Railroad Bonds, approved March =, 1861.
That said act was not passed by two-thlrds
vote of the said Legislature.
That the Governor of the State, assuming to
act under and in pursuance of section 8 of said
act, has appointed in the place of the Judges of
the Supreme Court Of the State, Austin Fl.
Young, John H. Brown, Frances Crosby, Has
cal r. Brill, aud Martin J. Severance, who are
District Judges Of the said State
That deponent is informed and verify believes
none Of the Judges of the said Supreme Court
are disqualified or have declined to 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 are about to
hear, consider, and determine the n 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 q writ of prohibition not especially
provided for by law, as may be necessary t.
the furtherance Of justice and the execution ot
the laws directed to the said District Judges
prohibiting them and each Of them from hav-
ing, considering or determining the matters. OF
either Of them, submitted IN and by the eajd Rcl