st be an exclusive first
lien on the lands and franchises of the company. He therefore declined
to issue the bonds of the state unless his views were adopted. The
Minnesota & Pacific Railroad Company, one of the land grant
corporations, applied to the supreme court of the state for a writ of
mandamus, to compel the governor to issue the bonds. The case was heard,
and two members of the court holding the views of the applicants, the
writ was issued. I was a member of the court at that time, but
entertaining opposite views from the majority, I filed a dissenting
opinion. Anyone sufficiently interested in the question can find the
case reported in Volume II. of the Minnesota Reports, at page 13. This
decision was only to be advisory, as the courts have no power to coerce
the executive.

The railroad companies entered into contracts for grading their roads,
and a sufficient amount of grading was done to entitle them to about
$2,300,000 of the bonds, which were issued accordingly, and went into
the hands of the contractors to pay for the work done. It, however, soon
became apparent that no completed railroad would ever result from this
scheme, even if the whole five millions of bonds were issued. What
should have been known before was made clear when any of these state
bonds were put on the market. The credit of the state was worthless, and
the bonds were valueless. The people became as anxious to shake off the
incubus of debt they had imposed upon their infant state as they had
been to rush into it.

Governor Sibley, in his message, delivered to the second legislature in
December, 1859, said, in speaking of this issue of bonds:

"I regret to be obliged to state that the measure has proved a failure,
and has by no means accomplished what was hoped for it, either in
providing means for the issue of a safe currency, or of aiding the
companies in the completion of the roads."

At the election, held on Nov. 6, 1860, the constitution was again
amended, by expunging from it the amendment of 1858 authorizing the
issue of the state railroad bonds, and prohibiting any further issue of
them. An amendment was also made to section 2 of Article IX. of the
constitution at the same time, by providing that no law levying a tax,
or making any other provisions for the payment of interest or principal
of the bonds already issued, should take effect or be in force until it
had been submitted to the people, and adopted by a majority of the