Warren sheaf. [volume] (Warren, Marshall County, Minn.) 1880-current, 1881-09-17
MINNESOT NEWS En-
THE BOND DECISION.

+ The BOND DEClSlONss n
The Supreme Court Decides the Amendm en-,
OF 1860 Woodland Prohibits tile Tribuna
From Acting Under the Law of Last Winter.
The supreme court of Minnesota, on Satur-
day, 10th, rendered the decision on the appli
cation made for writ Of prohibition against the
bond tribunal authorized by an act Of the last
legislature.
The supreme court decide: Nrst-That the
constitutional amendment of 1860, requiring
every law providing for the payment
OF the bonds to be submitted to the
people, is void, because it impairs the obliga-
bond holders. sE
Second-That the act of last winter providing
for the adjustment Of these bonds
is unconstitutional, because it delegates legis-
lative power to the tribunal
Third, That the writ Of prohibition hall
issue to restrain the tribunal from acting on
the matter.
This decision renders the act of last winter
imperative and leaves the whole matter of .ad.
ju sting the bonds with future legislatures
The court was unanimous upon all points!
EFFECT OF THE BOND DECISION.
The attorneys Of selah Chamberlain tele-
graphed to him the substance of the decision of
the supreme court and asked him whether he
would authorize his attorneys to renew the
proposition for the settlement of the bonds
embodied in the adjustment act Of last winter,
that is, to take half the debt in full settlement
of the whole, in new thirty-year bonds, at 5
per cent interest, on condition that the govern
or should Immediately call an extra session of
the legislature and that the necessary legisla-
ton was had Mr.. Chamberlain responded on
Monday that he authorized his attorneys to re-
new the prop osition on the condition named.
The proposition Was then formally submitted to
Gov: Pillsbury, and it is understood that he
thinks that if this proposition is not accented
to settle on the terms provided by the act of
last winter the opportunity is never likely to
occur again to settle them on terms so fovor-
able for the state. and that he will issue call
for an extra session.
Mr.. Chamberlain's Proposition.
The following is the proposition submitted to the
governor by Messrs. Cole and Gilman, attorneys
for selah Chamberlain, looking to the continuance
OF the plan for the payment of the Minnesota State
railway bonds adopted by the Legislature last win
ter; with Mr.. Cham 6erlain's telegram annexed:
will authorize you to continue proposition to &C
cept fifty cents on the dollar if the governor Will
call an extra session of legislature and have the
matter settled. S. CHAMBERLAIN
ST.. PAUL, Sept. ~, lss1.-To His Excellency
John s Pillsbury, Governor of the State of Mime
sofa. Sir: In view of the fact that the supreme
court has decided the amendment to the constitu-
ton of this State adopted November 6. 1860, de-
claring that no law levyn2 a tax or making other
provision for the payment of principal or interest
OF the bonds denominated Minnesota State railroad
ponds, shall take effect be in force until such law
has been submitted to the people OF the State and
adopted by majority of the electors voting upon
the same void, as lmpairing the obligation of the
contract OF the State and hence, in violation of
section 10 of article l, of the constitution of the
United States. And that most OF the State bonds
are now on deposit with the State auditor pursuant
to pending proposition for settlement, and that
an act is now pending which is to be submitted to
the people of the State at the next ensuing general
election, providing for the appropriation of the in
terna! Improvement lands to the payment of the
principal of adjustment bonds which must he
nugatory unless the pending proposition is con-
summated, we are authorized by our Client Mr..
selah Chamberlain, to renew his proposition to
accept SO cents on the dollar Of the bonds held
by him as provided in and by the act
entitled act providing for the adjustment of the
Minnesota State railroad bonds approved March
"a. 1881, provided and on the express condition
that the governor shall call extra session of the
legislature at once and the adjustment shall be con-
summated during the present year
In making this proposition we do not conceal
from ourselves the fact that the State bonds have
cent decision of the supreme court, nor that had
that decision been made prior to the commence
ment OF the session of the present legislature, so
favorable proposition to the State would not have
been submitted, but desiring to deal with the State
with fairness and good faith, our client has in
structed us to continue to the State his original
offer subject to the above conditions
We append our authority to this communication,
Respectfully, GORDON E. COLE, ~
J. NJ. GILMAN,
Attorneys for Selah Chamberlain