Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-03-30
A FATAL QUARREL.
RAILROAD BONDS AND THE JUDGES

Coaent Redsons Why the Supreme Judges
Should Consent to Sit Upon the Tribunal.
To the Editor of the Globe.
Your correspondent of this morning,
no name, seems to justify the obliged re-
fusal of the judges Of the supreme court
to sit or act under the law for the adjust.
ment Of the railroad bonds, saying that it
Is not that they decline for any reason
specially applicable to said court or the
judges thereof" but "simply because the
do not think it Is their business or the
business Of any Of the judiciary depart
ment to assume functions constitutionally
pertaining to the legislation department.
That in the first instance it Is the duty OF
the legislative to determine whether it
has constitutional power to enact par
tieular law, and it cannot delegate this
duty to any tribunal.
If the judges have taken this posi- tion
either they are right or they are wrong,
and If right the many able lawyers in the
last legislature most unfortunately blum
dered. The question at issue is one Of i'm
mense Importance, and if the judges can
be made to look at it in such light as to
render the act effective, they will save
the State vast amount of trouble and
expense. The legislature cannot act in
the premises again for two years, and in
the meantime if the judges decline to
take action under the law it becomes
nugatory. No one supposed these judges
could sit as court in fact or By that
name. The act names them as tribunal,
and ''said judges shall hear arguments,
determine and decide whether the legis-
lature has power to provide
for the payment, adjustment or
settlement Of the liability OF
the State on said MinnesotaiState railroad
bonds without submitting the matter to a
vote Of the electors of the State, notwith-
standing the amendment to section 2,
article 9, of the constitution adopted Nov
ember 6, $780,"
If they find the legislature has that
power, then they are required to do cer-
tain other things; and certain other
things are to be done by the clerk of the
supreme court and by the state auditor,
and certain other things are TO be done by
the attorney general; all contingent upon
the opinion of the tribunal Now hold
that it was perfectly competent for the
legislature to have empowered any citizen
of the State, whether Judge lawyer, doctor,
preacher or layman, to pass upon the same
question that the judges are requested to
pass upon and to have provided for
the same identical further proceedings
as are now provided for after an opinion
rendered.
I cannot look upon the judges in this
connection except as distinguished citi-
zens, whose opinion would Justly carry
more weight with the legislature, the
people, and the world at large than that
of laymen or lawyers of less eminence
and Judicial training.
Instances are numerous in this and
every other enlightened country, where
judges, because of their eminence, have
been called upon to assume duties out
side the scope Of their official functions,
and I think the instances are exceedingly
rare; if there are any, in which they have
declined to act. ~
hope your correspondent is in error
about the determination of the Judges,
and that they will consider that while
they are judges they are citizens also,
and that the State through the legisla-
ture, and by Its executive, has the right
to call upon them for their services in
cases Of great emergency, like the pres
ent one. LAYMAy.
sT. PAUL, March %, 1881.