Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-01-08
Nr. Rrisbin's Suit.
ST. PAUL, Jan. 7, 1852

Ii ., =.
Editor of the Globe.
Your issue of this morning referring to
an action commenced by me against
Winslow, Lame s. Co., and others holders
of the first issue of Minnesota state rail
road bonds, for professional service states
that an injunction has been asked for to
restrain the delivery of bonds to the
owner, with the so-called adjustment
act suggesting also the impotency of such
a suit, for the reason that the proper
officer had already consummated pro-
ccedlngs under the law
Your article was erroneous in an i'm
portant particular. No Injunction has
been asked. The claim upon which this
action is brought has been long time
abeyed, for the reason that most of the
defendants were non-residents, having no
property within. and therefore not JUS
ticeabie in this jurisdiction.
When the act of last winter creating
commission, or "What is it, to deter
mine whether or not law was law, as
soon as that ascertained that certain of
the defendants had deposited bonds with
Auditor Whitcomb-and believieg that if
the authority of the non-descript body
composed of members of the district
court bench was ever questioned the act
would be or it was declared
null, commenced the suit,
and garnisheed Mr.. Whitcomb, not as the
auditor, but as the man Whitcomb Il
hope it is is not irreverent to use the
noun man, The view taken by my at
70 SC ha loxr haor,
declared unconstitutional Mr. Whit
therefore. sseffects'' in his hands are SUBJ
jects of garnishment the same as if in the
hands of any private citizen. Mr.. Whit
comb, with Attorney General Hahn, APP
peared before the referee on the 31st ult
and declined to answer on the ground
that he held the bond under the act re-
ferred to, net as an individual and could
not be compelled to disclose the chara-
ter or extent of his tenure. 1t was then
agreed by my attorney and the attorney
general that the right of the plaintiff to
cocrce an answer should be argued to-
day, with possibility even of an appeal
to the supreme court as was suggested by
the attorney general in the event of a
decision adverse to the petition Of Mr..
Whitcomb,
The action of the auditor is strictly
within his official duty Ii his holding is
unofficial heis personally liable and has
probably been Unidentified by such de-
PENDANTS as had bonds in his hands when
the process of punishment was served;
as the statute allows.
It was by no means my wish or purpose
to obstruct settlement such as is now
legally made under the act Of the extra
session. This settlement, although only
partial payment and to that client unjust
and unworthy of the state is pro tanto
gratifying to honest men Of all parties.
The state owes particular gratitude to
Gov. iPillsbury the principal agent IN
bringing so satisfactory result and no
less for the prudence, craftsmanship and
independence, while under the attacks Of
political panders, charlatans and time
servers, has induced him to avail the
state of the means of starting these bonds
upon the markets of the world fully ac-
credited Cows. Sibley and Pillsbury,
the Alpha and Omega of this adjustment
are crowned with benedictions.
Truly yours, j. B. BRIsBIN.