Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-07-30
THE BOND.BATTIE.
OPENED BY ATTORNEY GENERAL
HAHN YESTERDAY.

Citizen secombe Sent to the Rear and the |
Attorney General Substituted az. Relator
No Record of Authority of tho Bond
Commission why the Supreme Judges
wouldn't serve-The Legal Contest
Before the Supreme Court ON the Merits
Finally Opened by tho Attorney General.
Who Argues That tho Settlement Act is
Unconstitutional. ~ n4t
On the opening Of the supreme court yes
terday morning Chief Justice Gilfillan an
nounced that the court granted, the, attorney.
generals motion Of the day previous to dis,
miss the application of Mr.. Secembe for a
writ of prohibition directed to the bond Coma
miss ion. The motion was granted because
the writ ordinarily ought to Represented by
the State, and the State would properly ybe
represented by the attorney general. There
was nothing in the papers here to show that
the attorney general declined to perform his
duty, or delayed in it, and until that appears
the court thinks the application should not
be permitted by q stranger. 'o5l Gz EQit8c
Mr.. Secombe thereupon proposed that in
eral should have his first and final claim-Jhea
control of this case. lsbGoo id
Mr.. Cole desired, on behalf of the c0mmis.f
sion, to say that if the attorney general
would at once take out a writ of prOhibition,d
they would waive all notice, and also the
technicalities proposed to be waived yester-
day, and proceed to trial on the merits. This
would save time and avoid inconveniencing
the judges composing the tribunal. ,o4,
a IN fpn0 ircy~ ar
ceptance of the new proposition by the attOr
ney general, Mr.. Wilson remarked that in the
papers prepared some time ago BY the sattor-
ney general for applying for the writ at the
proper time, he had covered more ground than
was presented in the relator's affidavit, and
predicted that if this proceeding went on the
| gentlemen on the other side would contend
against going into. the merits, sptY ~
Mr.. Cole explained that, he, believed the
commission, after having consented to organ.
| ize as such, had no power to- determine they
were not judges. He thought thei1 question
on its merits was whether that tribunal has
judicial powers, and wanted to get at the sub
| ject. e e.fpex5 10 ssslco sa3s 49,
The Chief Justice-If the attorney general
| consents to be substituted here as frelator. on
condition that he be permitted to amend the
relation, Ito Mr.. Cole you will waive techni-
| calities and argue upon the merits?
Mr.. Cole-Yes, sir. eE gA
Mr.. Wllson-And consent to argue all the
| questions, including the .constltutionality of
the amendment? EltGftf
Mr. Cole-To argue all the questions which
may properly be raised on writ of prOhi-
/ bition.
The Chief Justice-Will you consent that
he amend to suit himself and leave it to this
court to determine what shall be heard?
| Mr.. COle-4eS. Fi3tl91ssts ,'.l6-
| The attorney general and his assistants then
retired for consultation, and in a. few minutes
| the attorney general returned and requested
| that recess be taken till Up. m. to give them
time for determining their course and prepar
| ing papers, and recess was taken accordingly.
When the sitting was resumed Mr.. Wilson,
| for the attorney general, moved to amend the
application by adding thereto the objections
bond commission, las printed in the GLOBE of
Wednesday last,) with two additional objec-
| tiOns. The additions are as follows:
I'll. That the said act of the legislature is
| unconstitutional, and therefore confers no
power or authority on said tribunal, for the
| following, among other reasons: That said
| act of the legislature aforesaid is unconstitu-
| tional, imperative and void, for the reason
that it is in violation, of article two, section
| nine, of the constitution of the State of Min
| nesota, in that it makes provision for the pay
| ment of interest and principal of the bonds
| denominated Minnesota State railroad bonds,
without submitting such law to a. vote of the
people of the State. 4, rs, s,rr 8, =, -s-ss
"12. That said act of the legislature is not
legitimate or constitutional exercise of the
| law making power, but, on the contrary, it is
an unconstitutional attempt to exercise judi
| cial powers by the legislature thereof, in vio-
lation of section one, article three, and section
| one, article six, of the constitution of the
| State of Minnesota"
Mr.. Wilson assumed it to be admitted that
! the act was not passed by two-thrds vote,
and then proceeded to call for evidence as to
| the appointment of the commission -of [9.a
s. ii. Nichols, clerk of the supreme court,
and also clerk of the commission, testified
| that he had no record or evidence showing the
authority Of the judges composing the COM
| mission to act thereon. az 1870 !
Judge Dickinson, at the request Of Mr., Will
son, stated that he had not declined to act ON
the commission, or been requested toaet on it
since he was appointed to; this court. II To Mr.
Cole he said his appp intment to this court was
without condition, as to acting on, the bond
tribunal, or any other condition. 20 ned srrf
Frank Carleton, executive clerk, was, exam
| iDed as to letters rendering appointments on
the commission, and the answers thereto, but
claimed he had not such letters in his charge
or custody. sr~r
Pennock Pusey was next sworn and having
testified he had control of the official records
of the executive Office, retired for the purpose
of procuring the desired correspondence.
During his absence, which was somewhat
protracted, Mr.. Secombe, being admitted to
the case to represent citizen Secombe,
objected to the introduction of the evidence
being sought for, as to the letters
of the supreme Judges, on the, ground that
the allegations of his affidavit are that none
of them are disqualified, or have determined;
to act for reason specially applicable to this
court or the judges thereof; wherefore: the.
burden of proof rested on the other side. He
would now ask if thay proposed to introduce
evidence. ,9 81, a,togrft ~
Mr.. Gilman Time enough for that when you
get in motion. - u II 9gleT, r9g
Mr.. Hahn would not object to the gentle
man arguing on the merits, but he didn't want
this case to be three headed. 9F91
Mr.. Cole-We are not interfering.
Mr.. Wilson-There are only two sides. He
is on the other side.
1t was then elected that on the 22d of March
last, the first day for the sitting of the COM
mission, the supreme court was composed of
Chief Justice Gilfllaa and Associate Justices
Cornell, Berry, Clark and Mitchell.
Also, that Justice Dickinson rendered his
resignation as judge of the Sixth districtJune
% last, and it was accepted June Is, the same
day his successor, Judge Severance, qualified;
and that he, Dickinson; qualified as associate
justice the 9th or 2Sth of June. assry
On Mr.. PuseY's return to the court room he
testified that Judge Young had requested to