The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-03-04
MUCH NEEDED PATCH
To Correct an Early Omission in
Minnesota's Constitution
MADE READY BY LEGISLATURE
A Bit of History Showing How the
Omission Came About--Rail-
road Influence.

@Ine power Of taxation shall never be
surrendered, suspended, or contracted
away" s8es -.
This sweeping declaration is embodied
IN the constitutional amendments now be-
Tore the Minnesota legislature for action.
1t has been incorporated by both house
ana senate committees. Nothing like it
has ever been included in Minnesota's
constitution, and this omission has caused
endless trouble and litigation. ,.o5,sf
The reason for this omission lis ex-
planned by a former residentRof Wiscen-.
s1n, now q. Minnesotan, who desires to
keep his name secret. He was witness
to conversation that took place at
Goodrich's hotel Milton Junction, Wis,
in 1858. He told of it to IT he j our
n as, follows: W IS :; s +
In reading. the report of the tax commits
,soners, in which they suggest an amendment
to the state constitution, that a. more perfect
revenue law may be obtained, / was remind
| ed or a acenversatien heard between some
Wisconsin railroad men just after the adj
|.jonrnments of. the Minnesota constitutional
conventions They were on their way back
from st. Paul, and friend asked them what
i'they had been, doing there. Were you seek
Fling to buy or steal railroad?" he in
Isgulred. ss%. >n o. "a. ....-~,, -..
/ Oh, no, +; said the attorney of the Mil
Waukee. railroad company, 1--WE succeeded is
knocking Judge Dunn out of the Minnesota
Econstitution.', - ..,.e.,..[ -
j This meantsthey had eliminated <:the power
Eof the Legislature to alter repeal any char
tered right granted by sthe legislature; as is
1.-the case with the Wisconsin constitution,
Judge Dunn: being the author of clause.
like that in question: The railroad attorney
further said that the Milwaukee road would
make an effort to enter. all parts of Mime.
sofa, and that it was a. good time to get con-
cesstons when. the people wanted railroads.
/ Those present at this conversation, besides
my self, were John Carey, solicitor Of the
Chicago, Milwaukee & St. Paul road; s. S.
Merrill and. Alexander Mitchell, arse officers,
eof that road. and Alexander Randall, gov
lernor of Wisconsin, -, :
I = WfscOns1n's Provision. -, -.
The provision Of the Wisconsin consti-
tuition which these gentlemen referred to
breads as follows: -. -.
I "All laws now in force in the territory
of Wisconsin, which are repugnant to this
/, constitution, shall remain in force until
they expire by their. own limitation, or
Ebe altered or repealed by the legisla-
tire - -. IT,, -. -. -
This section continued in force the acts
Of 1S47 and 1S48, incorporating the Mil
) | Waukee & Waukesha railroad. Later
franchises were granted this company and
these acts became contracts with . TIE
state. In a test case, reported in the
thirty fifth Wisconsin, the courts held
that these contracts were subject to al
teration or repeal. s.. :. = .:.,s 4....'
JUST the opposite resulted in Mime
Lsota, owing to the effective work done
by the railroad officials. Charters granted
in territorial days to the. Minnesota &
Pacific, now part of the Chicago Great
Western, and to the Winona & st Peter,
now part Of the North Western system
! have been held by both state and federal
lcourts to be unalterable contracts. These
bits of road may pay gross earnings
= tax as long as they please o.:
!. A Saving Clause. s-...,
AS far as the Milwaukee railroad is
| concerned, the work done in 1858 does moi
{ laval. Attorney = General Douglas, y to
whom the story Was referred by II 6
) Joturn + saysE2rhe railroad attorneys
overlooked the provision of Article 8
/ which requires "all taxes raised in this
Estate" to be ""as nearly equal as may
be-" This has protected the rights of The
; state since the constitution was adopted
!, and in the supreme court decision on the
> i Anderson law it was clearly stated tina
l. charters granted by the state are subject
t; to alteration or repeal. For lack of the
/: Judge Dunn clause" in the Minnesota
L constitution, the territorial charters have
: been declared perpetual, but. subsequent
i grants may be altered at will
Il The constitutional amendment OF 1871
: settles this proposition as far as rail
= roads are concerned, but there are Other
+ Interests to be guarded, and 1t is hello
livery important by Attorney Genera
Douglas that the constitution hold some
such clause as '"The power of taxation
may never be- surrendered, suspended, OF
) Scontracted away" ..-,-,<
Another Bit of History.
n The ournal's informant gave an
Y !other interesting bit of history. It re
t Hates to the organization Of: a Minnesota
| railroad at an early date. This railroad
was given large land grant by the state
+ Land when it-catne to organize the road
there was a struggle between the Mime
: EsOta promoters and Wisconsin. Grove
: for control. Says T g J o u r n a l. s in
81 formant: r.. E. - j. +
al NJ. NJ Strong, noted attorney; s. S. Mer
: rill, general manager Of the Milwaukee
St. Paul., a we'll known elevator promoter
E and H. Croker, a noted legislative lobbyist
& went to st. Paul to get control OF the cleo
I ton of officers. They carried a large amour
Il of money with them, and their, PLAN was t.
1 get resolution requiring so large payrnen
8 on the stock subscribed that the st. Pau
I. people would be shut out. t,.< w..
n The Minnesota people saw through tn
Q scheme and induced some one, q CUSTODIAN
: of public funds, to loan the money in hi
. hands until after the election of the RAILROAD
of1icers.s The Wisconsin men got their reso
luton through. but the Minnesota peopl
saw them and went them few chips better
: wisconsin. lost the Organization and wen
home leaving. 900 in the hands Of St. Paul
~ The public money was returned to its Gus
y todian. 80
: No wonder the grandsons Of these
: WISCONSIN men love to beat Minnesot
at football
st