The History of Minnesota and Tales of the FrontierFlandrau, Charles E. (Charles Eugene)
History
The History of Minnesota and Tales of the Frontier
Flandrau, Charles E. (Charles Eugene)
Frontier and pioneer life -- Minnesota; Minnesota -- History
On March 2, 1881, the legislature passed an act, the general purpose of
which was to adjust, with the consent of the holders, the outstanding
bonds, at the rate of fifty cents on the dollar, and contained the
curious provision that the supreme court should decide whether it must
first be submitted to the people in order to be valid or not, and if the
supreme court should not so decide, then an equal number of the judges
of the district court should act. The supreme court judges declined to
act, and the governor called upon the district court judges to assume
the duty. Before any action was taken by the latter, the attorney
general applied to the supreme court for a writ of prohibition to
prevent them from taking any action. The case was most elaborately
discussed, and the opinion of the supreme court was delivered by Chief
Justice Gilfillan, which is most exhaustive and convincing. The court
holds that the act of 1881 is void, by conferring upon the judiciary
legislative power, and that the amendment to the constitution providing
that no bonds should be paid unless the law authorizing such payment was
first submitted to and adopted by the people was void, as being
repugnant to the clause in the constitution of the United States, that
no state shall pass any law impairing the obligation of contracts. With
these impediments to a just settlement of this question removed, the
state was at liberty to make such arrangements with its bond creditors
as was satisfactory. John S. Pillsbury was governor at that time. He had
always been in favor of paying the bonds, and removing the stain from
the honor of the state, and finding his hands free, it did not take him
long to arrange the whole matter satisfactorily, and to the approval of
all the parties. The debt was paid by the issue of new bonds, at the
rate of fifty per cent of the principal and interest of the outstanding
ones and the surrender of the latter. This adjustment ended a
transaction that was conceived and executed in folly, and was only
prevented from eventuating in crime by the persistent efforts of our
most honorable and thoughtful citizens throughout the state. The
transaction has often been called by those who advocated repudiation,
"An old Territorial fraud," but there was nothing in it but a bad
bargain, made under the extraordinary pressure of financial
difficulties.
THE FIRST RAILROAD ACTUALLY BUILT.
Public-domain text, read in full here on John Shaqi.
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