The Northern Pacific farmer. [volume] (Wadena, Minn.) 1878-1885, 1881-08-04
MINNESOTA RAILROAD BONDS,
Meeting Of the Commission OF Judges OF
District Courts.

lDCluuluB uOV. fll6Dury, e1-tOV. 6lDley, 1uu
the largest bond-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 Wileon, Of
Winona, and Hon. Daniel Buck, of Mankato.
The bondh.lders counsel were Hons. Gordon
-. Cole, J. NJ Gilman aud 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 Dstriet-F n Crosby Of Hastings.
Fourth District-A. b. Young Of Minneapolis.
Sixth District-M J. Severance Of Mankato.
Twelfth District-J. H. Brown of Willmar.
Judge A. H. Young president with Judges
Brown and Severance on his right and judges
Crosby and Brill on his left Samuel a. Mich
OILS, clerk Of the Board, called the board to Or
Ger. When Il. ]. Hahn, State Attorney Gener-
al stated that he appeared ON part of the state,
ana submitted objections to the jurisdiction Of
the tribunal az follows:
n THE ATTORNEY oENAnA1's onJEo11 oSs:
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
reason that said act is
UNCONSTITUTIONAL
and imperative in that:
LIST It is improper; incompetent and uncon-
sututional 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 80 sub
mitted or attempted to be submitted by said act
Of the Legislature
I'd. The power and duty of enactng laws,
which includes the power and duty of deciding
when and under what circumstance such laws
shall 60 into effect is conferred on the Legis-
lature Of the state and cannot he 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 constitu
can only be reversed by the courts constituted
and established as provided by the constitution.
18th. The said act does not 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 e.
tended to it by the Legislature.
9th. All 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 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 las no right to ask Of
nor has the said court or judges the right to
give their opinion on any question 80 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 a. ticle 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,
possesses such right or power because it is .
Judicial tribunal, and it has no right, power or
authority to act as such because the Legisla-
ture did not establish the same by q two-thirds
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-
tlon provides that no law contrac ing or pro-
viding for public debt, for the purpose of de-
effect until it has been passed by the vote of
two-thlrds 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
pretenG1s to act does provide for public debt
for the purpose of defraying extraordinary OK
penste, but was not passed by vote of two
thirds Of tho members of each branch Of the
Legislature, as the State is ready to verify
18th. That you are not legally constituted or
Organized under or in pursuance of the pro-
The said act constitutes, 80 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
che Supreme Court. or Of their declination for
or the Judges thereof, is the Governor author
lied or empowered to appoint or select, as
member Of such tribunal, Judge Of the Dis
trict Court
10TH And the record does not show, as in
case Of special tribunals it must show, juris-
dicton. 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,
lawyer of Minneapolis, had eued out of the
supreme court q temporary writ Of prohibition
attempting to discharge the duties imposed up
on it BY the act Of the legislature creating the
board, and at the conclusion of Mr.. Hahns OBJ
jections Mr.: Nichols, arose and served the fol-
lowing affidavit and order upon each of the
judges composing the commission.
THE wRrTs of PROHIBITION
State of Minnesota-Ramsey County-ss.-
David A. Secombe, being duly sworn, says that
he is Z 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 2, 1881.
That said act was not passed by two thirds
vote of the said Legislature:
That the Governor Of the State, assuming to
act, has appointed in the place OF the Judges Of
the Supreme Court of the State, Austin H.
Young, John Fl. Brown, Frances Crosby, Has
cal R. Bril-, and Martin j. Severance, who are
District Judges Of the said State.
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 ono 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 alters in
and by the said act submitted and as in said act
Further deponent saith not, save that he
prays the allowance and issuance out of the
0A4U Oup1omo OOuIt VI VIII VI pIOCt oS III Iuo
nature Of writ of prohibition not especially
provided for by law, a. may be necessary to
the furtherance Of justice and the execution of
the laws directed to the said District Judges
prohibiting them and each Of them from hav-
either of them, submitted in and by the said act
Of the Leetsi.turv se IN salo .cs provloed; up
on the ground that the said act of the Legis-
lature Il unconstitutional and void, and upon
the ground that the contingency contemplated
in section eight Of the said act has not. arriv-
ed.
DAVID A. SEcoMBE,
Subscribed and sworn to this 10Th day Of
July, 1881. before JAMES GnFnLAN,
Chief Justice Of the Supreme Court.
On reading and filing the within affidavit, and
on motion Of David A. Secombe. the within
named relator, it Is that ordered tho within
named District Judges show cause, if any they
have, before the within named Supreme Court,
at tho Capitol in st. Paul, State Of Minnesota,
on the 28th day of July, 1881, At 10 O'Clock
A: NJ, why the writ prayed for within be not
allowed and issued.
July 25, 1851.
JAMES GnFnI.AN,
1s,s%