Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-07-27
THE BOND TRIBUNAL.
THE FIRST MEETING OF THE NEW
ADJUDICATORS. $50

Beginning of the Work of Repudiating
Repudia. ion-The Attorney General De-
murs to the Jurisdiction Citizen Sc
combe Comes to the Front With De-
mand for Writ of Prohibition from the
Supreme Court-The Tribunal Make An
swer and Adjourn for a Week.
The Minnesota railroad boud tribunal, re-
Gently constituted by the governor, convened
yesterday morning in the room in the new
Market house that was occupied for the last
two days of the legislative session by the Sen.
ate There were present Judges A. H. Young,
of Minneapolis, F. M. Crosby, of Hastings,
NJ. j. Severance, of Mankato, j. II. Brown, of
Willmar, and H. R. Brill, of St. Paul. Judge
Young was chosen to preside. Besides the
Judges there appeared on behalf of the State
the attorney general, W. ]. Hahn, of Lake
City, Hon. Thomas Wilson, of Winona, and
Hon. Daniel Buck, of Mankato. On behalf of
the bondholders were Hon. Gordon E. Cole,
of Faribault, Hon. John M. Gilman, of St.
Paul, and &c n. John B. Sanborn, also of st.
Paul The room was filled with legal lumi
naries not only from this city but from other
points in the State, as well as many prominent
citizens, and the greatest interest was mani
tested in the proceedings.
The floor of the court room-if such it could
be called-was covered with plentiful layer
of sawdust, and the advent of the judges who
are to decide the States liability for the debI
incurred for railroad construction twenty-three
| wears ago was hardly noticed. It. was only
when they had taken their seats behind long
table at the north end Of the hall that atten-
ton was attracted to them, and hush fell
upon the assembled company. few inter.
ested bondhOlders were present, conspicuous
among the number being Selah Chamberlain,
| of Cleveland, who boasts the proud possession
of 1O7O bonds, each of the face value of 81 ,000
bearing interest at the rate of ten per cent. per
annum. There were other bondholders pres
ent residing in Eastern cities as we'll as in St.
Paul; few railroad managers and contractors,
and large number of the railroad fraternity
The law under which the existing tribunal
assumes to act was passed at the last session
| of the legislature l. provides for the sub
mission to the special tribunal created of the
constitulionality of the amendment adopted
In 1858, which prohibited the payment of the
railroad bonds except after vote of the people
of the State declaring in favor of their pay
ment
The act also provides for the submission OF
the question of the payment of so per cent
of the face of the bonds to a vote of thu
people, provided the existing tribunal shall
decide that the constitutional amendment re-
ferred to is valid and binding.
oBJEcTING TO JURISDICTION.
On the opening of the tribunal Attorney
General Hahn presented the following objec-
tons to the slttings of the tribunal
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 them, to act as tribunal or otherwise, t.
entertain, hear, consider, determine, pass
upon, or decide any of the matters, things, o,
questions submitted, or attempted or proposed
to be submitted to them, or any of them, by
IN act of the legislature, approved March q
1881, entitled can act providing for the ad
| iustment of the Minnesota State railroad
bonds" for the reason that said act is uncon-
stitutional and imperative in that:
First-It is improper, incompetent and I'D
constitutional for the legislature TO submit O,
| attempt to submit to said judges, or for sale
Judges to entertain, hear; consider or decide
any of the questions, matters or things So
submitted or attempted to be submitted by
said act of the legislature.
Second-The power and duty of enacting
| laws, which includes the power and duty OF
deciding when and under what circumstances
such laws shall go into effect, is conferred on
| the legislature of the State and cannot BE-
delegated by the Legislature to any other per-
son or body.
Third-It is the duty of the legislature in
the first instance to decide for itself the con
stitutonality of any law, and its decision so
made can only be reversed by the courts con-
stituted and established as provided by the
constitu ton.
Fourth-The said act does not operate or
propose to operate propria vigOre but only by
the mandate of this tribunal expressed subse
ouent to it's enactment in pursuance of the in
vtation extended to it by the legislature.
Fifth-AlI that part of said act after and in
Guiding section 8, is to take effect and become
operative on the decision of this tribunal and
not on the decision aid judgment of the leg
! islature.
| Sixth-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.
Seventh-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 upon any question so sub
mitted or attempted to be submitted to them
| by said act, except in a judicial proceeding
properly instituted and pending in said court
Elghth-The powers and duties attempted
| to be conferred on the tribunal are in their
nature necessarily and essentially Judicial, and,
/ therefore, under section 1 of article 6 of the
constitution of the State, can only be conferred
upon or exercised by the courts created as pro-
yided by the constitution.
Ninth-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,,
possesses such right or power because it is y
judicial tribunal, and,it has no right, power
or authority to act as such because the leg
| islature did not establish the same by two
thirds vote, as required by section L, article g.,
of the constitution, and this fact the State is
| ready to verify.
Tenth Section 5, article 9, of the constitu-
| ton, provides that no law contracting or pro
vtding for public debt, for the purpose of de-
| fraying extraordinary expenditures, shall take
fleet until it has been passed by the vote OF
two-thirds of the members of each branch of
the legislature; to be recorded ny tn. yeas and
nays on the journals of each house respective
| ~, whereas he act under which this tribuna
pretends to act does provide for public debl
for the purpose of defraying extraordinary ex
penses, but was not passed by the vote oftwo
thirds of the members of each branch OF the
Legislature, as the State is ready to verify.
Eleventh-That you are not legally consti.
tuted or organized under or in pursuance oj
the provisions of said act of the Legislature H.