Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-02-10

Second-We protest and declare that the
provisions of this bill are against public pol
Icy, and detrimental to the welfare Of the State
In this: By the provisions of this act the do
nestle railroad corporations therein named
the st. Paul 81 Sioux City railroad company is
authorized to sell and transfer to a foreign cor
poratlon, the Chicago, St. Paul, Minneapolis
q omaha railroad company, all of its roads
and branches, and all rolling stock and prop
erty applicable to the operation of the road,
whereby the domestic corporation is dis
charged OF both its duty and ability to per-
form its corporate obligations to the public,
and the foreign corporation, while it acquires
the ability, does not assume the obligation to
perform the public duties of the domestic cor
poration; SO that, while the foreign cor
poratlon might by injunction issuing from
our courts be enjoiued from operating its
roads In violation of our laws regulating
freight and passenger rates, yet the courts
could not by the appointment of receiver
take possession of the contumaciOus railroads
and operate them in the interest of the public,
because the foreign company acquires by the
purchase only proprietary, right fund from
all cooperate obligations, and holds the roads
and property without being charged with any
corporate duty, and under no legal obligation
to operate them under our laws or any other
laws. Hence, the courts would be powerless
to compel the operations of the roads in ac-
cordance with our laws, and would be limited
IN the exercise of its powers merely prohibit
ing the roads being operated in violation of
our laws.
Third-We protest and declare the act is also
against public policy in this: The domestic
corporation by the proposed sale thereby sep
arates the ownership of its private land grant
from the ownership of all its railroads and
property held for public use, whereby its land
grant becomes taxable, and yet this act ex-
pressly provides that such land grant shall not
thereby become taxable; and the corporate ex-
istenee OF the domestic railroad company is
perpetuated, not for the discharge of the pub
lie obligations, for it has none left, but solely
to enable it to take care of its private land
grant, and hold it perpetually without tax
alton.
Fourth-We protest and declare that it
would be novel and dangerous precedent in
legislation to permit domestic railroad cor
poration to discharge itself from all of its
corporate obligations to the public by sale
such as is contemplated by this act, to for
eign corporation, without requiring such pur-
chases to also assume any of the public obi
cations of which the domestic corporation is
thereby discharged. HENRY KINDS,
W. w. WILKINS,
J. MCLAUGHLIN,
A. ID. PERKINS,
GEO. E. CASE,
j. P. SCHALLER,
A. W. TIFFANY.
The vote WAS then taken on the passage of
the bill, as follows:
Yeas-Messrs. Adams, Bonniwell, Buck, G.
F., Buck, d., Campbell, Castle, Crooks, Gill
fillan, G. D., Gilfilan, ]. B., Howard, John
son, f. l., johnson, R. B., Langdon, Lawrence,
Macdonald, McCrea, Miller, Officer, Peter
son, Pillsbury, Rice, Simmons, Wedge,
Wheat, White, Wilson-26.
Nays-Messrs. Aaker, Case, Clements,
Kinds, Perkins, Powers, Schaller, Shaleen,
Tiffany, Wilkns-10.
To equalize certain transfers made by the
Sioux City Railroad company.
Authorizing the Chicago, st. Paul, Mime
apolis & Omaha Railway company to purchase
and operate railroads in the State of Mime
sofa.
To confirm to the Chicago, St. Paul, Mime
apolis g. Omaha Railroad company the rights
enjoyed by the companies purchased by it.
HOUSE BILLS PASSED.
Repeating the bill fixing the fees and COM
pensation of the officers of Winona county.
To authorize the city of Winona to issue
bonds.
To incorporate the village of White Bear
The legalize the acts of the commissioners
of Big Stone county.
Fixing the salaries Of the officers of Mower
county. Adjourned.