Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-03-19

the State may, in lieu OF said new bonds, at
or before the time herein fixed for the delivery
of said new bonds, pay in cash to the several
holders of said Minnesota State Railroad
Bonds so deposited as aforesaid, sum equal
to fifty per cent of the amount OF prin-
cipal and interest due and payable on said
Minnesota State Railroad Bonds and coupons
on the day when said payment is made, TAX
ing the release under seal from the holder as
in the case of delivery of bonds, hereinbe-
fore provided and to that end the Governor,
Auditor and Treasurer of State are hereby
empowered in their discretion to negotiate at
not less than par, the bonds to be issued under
the provisions of this act, and apply the pro-
ceeds to the payment of said holders OF Min
nesota State Railroad Bonds, as herelnbefore
provided. +
Sec s. In case the decisions Of the tri-
bunal to whom the validity of said COnstitu-
tiOnal amendment shall be submitted under
the provisions of this act, shall be in favor of
the validity of such amendment, and that the
legislature has not power to provide for the
adjustment of said bonds without submission
to the people, then this act shall be submitted
to the electors of the State of Minnesota at
the next general election to be held therein,
after the filing of such decision, and within
sixty days after said election if said act shall
he adopted by a majority of said electors
present and voting thereon, the same pro-
ceedings shall be had for the settlement and
adjustment of said Minnesota State Railroad
Bonds as hereinbefore provided for in the case
amendment invalid. At said election those
voting for said act shall have written or
printed or partly written and partly printed on
their ballots, the words: "FOr the act pro-
viding for the Adjustment of the Minnesota
State Railroad Bonds-Yes." And those vOt-
ing against said act shall have written or
printed or partly written and partly printed
on their ballots, the words: "Act Providing
for the Adjustment of the Minnesota State
Railroad Bonds-Ne."
Sec. 6. Said tribunal shall also compute
and report the amount due upon the Judg-
ments mentioned and referred to In chapter
1872, page 336, of the special laws OF 1867, up
to January LIST, 1884, and when settlement is
made, under the provision of this act, for any
of said Minnesota State railroad bonds, there
shall then be paid, in money or in new bonds
of the State, of the tenor and effect herein
mentioned to plaintiffs in said judgments, or
to their executors or administrators to the
amount of fifty per cent. of the sum that shall
be found due on said judgments, which shall
be in tull settlement and satisfaction thereof.
Sec. Z. Any person having subsistlng
legal or equitable claim against the State, CA
u
or individual, which accrued for work, labor
or services performed, or for provisions,
boarding of contractors, workmen or others,
or for material or supplies of any kind furnished
and actually used, in the location or construc-
ton of either or any part OF the lines OF rail-
road of the land grant railroad companies
which received said State railroad bonds from
the State, and which claim so accrued prior
to the time when the State acquired and trans
far 1i,,oc If roll tn ut
may file petition with, and addressed to the
State Auditor, sitting forth the nature and
character of such claim or demand, and against
whom it accrued and exists, and asking for an
adjustment of the same under the provisions
of this act. Such petition shall be verified by
the petitioner, his agent or attorney.to be true
to the best of his knowledge, information, and
belief. It shall be the duty of the State
Auditor to lay all such petitions before the
said tribunal herein mentioned, when it con-
venes for the purposes as in this act provided.
Any error, mistake or defect in any such petit
ton, may be remedied by amendment thereof
in the discretion of said tribunal. No answer
to such petition shall be required, but the
same shall be deemed as denied by the State,
and the burden shall rest upon the petitioner
to establish the same by legal evidence, the
same as would be required to establish the
same facts in an action against the party prl-
marly liable, therefor. The Attorney General
shall represent the State in opposition to any
such claims, and written and oral evidence
shall be received by such tribunal touching
the validity, nature, character and amount OF
any such claims and demands; and said tri-
bunal shall determine, decide and report as to
whether such claims and demands are OF the
nature and character mentioned in this section,
and if so, the amount thereof, principal and
interest but the statute of limitations shall
ha tn
against any such claims. If said
tribunal shall decide that any such
claim or claims are of the nature and
character herein mentioned, and fall within,
and are covered by the provisions of this sec
ton, then and in that case the owners OF such
claims shall be entitled TO receive and there
shall be paid to them, their agents or attor-
news, either cash or new bonds of the State, Of
the tenor and effect and in manner as herein
before in this act specified, to an amount equal
to fifty per cent. of the amount OF such claim
as shall be reported by said tribunal, at the
time when settlement is made with the hold
ers of said Minnesota State railroad bonds
under the provisions of this act, which
sum or sums so paid on claims allowed under
this section, shall be apportioned among and
deductedby the State Auditor from the amount
of the Minnesota State railroad adjustment
bonds, to be issued under this actin settlement
of Minnesota State railroad bonds, delivered to
and negotiated by the railroad companies that
should have paid said claims, and in the con-
struction ofw VII D; roads aid Gains originated.
Provided, that bonds issued by any of the land
grant railroad companies shall not be taken
10 he within the meaning of the provisions
of this section, and said tribunal shall have no
power to hear and determine any claim, either
based on said bonds or the coupons thereof, or
OH the original consideration on which said
bonds were issued. And provided further,
that the aggregate amount of money or new
bonds to be paid on account of claims provid
cd for in this section, shall not exceed $50 900,
which sum, if insufficient therefor in
full, shall lie divided pro rata on the
same. And provided further, that the
amount SO paid shall be received in full settle
mcnt by the claimant of all further and future