Warren sheaf. [volume] (Warren, Marshall County, Minn.) 1880-current, 1881-09-03


@ The undersigned, the Attorney General, on
behalf Of the State Of Minnesota, now comes
and appears specially for the sole purpose of
making and filing this plea or objection, and he
objects to and denies the right, authority, or
jurisdiction Of said judges, or any or either of
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
act OF the legislature, approved March 3, 1881,
entitled IAN 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 ls improper, incompetent and uncon-
stitutional for the Legislature to submit or at
tempt to submit to said judges or foresaid
judges to entertain, hear, consider or decide
mitted or attempted to be submitted BY said act
Ct the Legislature.
"a: The power and duty of enacting laws,
which includes the power and duty of deciding
when and under what circumstance such laws
shall go into effect, ia conferred on the Legis-
lature of the state and cannot be delegated by
the Legislature to any other person or BODY
Sd. It is the duty of the legislature in the
first instance to decide for itself the constitu-
tionality Of any law, and it's decision so made
can only be reversed by the courts constituted
and established as provided by the constitution
4th. The said act does not operate or propose
date of this tribunal expressed subsequent to
it's enactment in pursuance of the invitation OK.
tended to it by the legislature
4 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 lagis-
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.
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.
9Th. 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.
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,
possesses such right or power because it il a
judicial tribunal, and it has no right, power or
authority to act az such because the Legisla
trre did not establish the same by 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 9, Of the Constitu-
ton provides that no law contracting or pro-
viding for public debt, for the purpose of de-
fraying extraordinary expenditures, shall take
o4eo ,,.,ks1 hoo 1oan %L>ov 80
two tnrds of the members Of each branch of
the Legislature, to be recorded by the yeas and
nays on the journals of each House respective
~, whereas the act under which this tribunal
pretends to act does provide for public debt
for the purpose OF defraying extraordinary ex-
thirds of the members of each branch Of the
Legislature, as the State ia ready to verify.
18th. 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, so far as the Legisla-
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
or the Judges thereof, is the Governor author
lied or empowered to appoint or select, as a
trict Court G5s
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.
It appears that on Monday, D. A. secombe,
q lawyer of Minneapolis, had sued out of the
supreme court a temporary writ Of prohibition
against the meeting of the commission and it's
attempting to discharge the duties imposed up
on it BY the act Of the legislature creating the
board, and at the conclusion of MIR. Hahn's OBJ
ject0ns 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 Minnesota Ramsey County-ss.-
David A. seoombe, being duly sworn, says that
he is citizen, voter and taxpayer Of the city Of
Minneapolis in said State.
last session. passed an act entitled an act pro-
viding for the adjustment of the Minnesota
State Railroad Bonds, approved March 2, 1881.
That said act was not passed by q two thirds
vote Of the said Legislature.
That the Governor Of the State, assuming to
act under and in pursuance of section of said
act, has appointed in the place of the Judges Of
the Supreme Court of the State, Austin II.
Young, John 81. Brown, Frances Crosby, Has
cal R. Brill, and Martin ]. Severance, who are
District Judges OF the said State.
That deponenti 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