The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1881-08-04

10A WAoia q !. uaIiH, Otate Attorney Geney>
Al stated that be appeared on part of the state,
ana submitted objections to the iurisdiction 81
the tribunal as follows:
THE ATTORNEY GENARA1's oBJEc11 oNse
The undersigned, the Attorney General, on
behalf OF the State Of Minnesota, now comes
making and fling 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 az tribunal or otherwise. to
entertain, hear, consider, determine, pass up-
on, or decide any OF the matters, things, or
quesuons submitted, or attempted or proposed
to be submitted to them, or any of them by an
act Of the Legislature, approved March 3, 1851,
emitted An act providing for the adjustment
OF the Minnesota State Railroad bonds,n for the
reason that said act is
UNCONSTITUTIONAL
and imperative in that:
lst Jig improper, incompetent and uncon-
stltntonal 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 90 sub
mltted 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 such laws
snail go into effect is conferred on the Legis-
lature OF the state and cannot he delegated by
the Legislature to any other person or body.
90. 1t ls the duty Of the legislature in the
fret instance to decide for itself the constitu-
nonahty of any law, and its decision so made
can only be reversed by the courts constituted
and established as provided by the constitution
4th The said act does DOT operate or propose
to operate propria vigore but only by the man
date OF this tribunal expressed subsequent to
it's enactment in pursuance of the invitation ex.
tended to it by the legislature 40
9th ALI that part of said act after and in
GLIDING section 3, is to take effect and become
operative on the decision Of this tribunal and
not on the decision and judgement of the legis-
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
7th 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 go 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.
9th. The tribunal, if any. created or at
+
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 is a
Judicial tribunal, and it has no right, power or
authority to act as such because the Legisla-
vote, as required by section l, article 6, of the
Constitution, and this fact the State is ready to
verify.
10th. Section 5, Article 8, Of the Constitu-
ton provides that no law contracting or pro-
viding for public debt, for the purpose Of de-
fraymg extraordinary expenditures, shall take
two-lnrds Of the members Of each branch of
the Legislature, to be recorded by the yeas an:
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-
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
llth 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-
ture had the power to do go, 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
or the Judges thereof, is the Governor author
member OF such tribunal, a Judge of the Dis
trict Court s
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
thereof. -
i appears that on Monday, D. A secombe,
lawyer Of Minneapolis, had sued out of the
ton ursk ~