The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1853-03-04
Injunction Case.
BEFoRE JUpeE METcALr.

j
by Allen County, and owned by her, in
the Ohio and Indiana Railroad Company,
from said Company to the Michigan and
Dayton Railroad Company. The appli-
cation for the Injunction, prayed for in
the bill, was made before The Allen Com
mon Pleas Court, at chambers, in Lima,
on Thursday, tho 23d inst, and was
argued by N. HuBER, Esq, for the com
plninanig. Messrs NIcuoLs and WAL
DtRF, of Counsel for the Respondents,
having declined to reply, though engaged
for Plaintiffs, we added nothing, conceiv-
| ing the case clear enough without addi-
iional argument. si
Justice Meicaf in the evening gave
his decision, IS near as we can recollect,
as follows:
I'VE depsnd on memory, having taken no notes.
and the Judge gave his decision without writing
It eut.) r1t fE aHi ArasJfaf
In this case, The bill comes before the
Court, without answer, and without argu-
ment on the pnst Of Respondents. The
complainanis claim 10 be resident voters,
lax payers, and londholders of Aller
County, Ohio, whose property may be
iniuriously effected by the tax to be i'm
posed in consequence Of this proposed
transfer Of stock. II has already been
decided by the Courts in this State, that
such persons have a right to relief in a
case properly made out: and it has further
been decided tlia! several persons may
Join together in one, suit, for such pur-
pose, as is done in this Complaint
Thus far, therefore, th, case comes regu-
larly and properly before us.
| Counties are not organizations pos.
scssing sovereignty, That is only pos
srssed by States, and the beings created
by God. Counties are corporations;
artificial beings having their existence
from legislation, existing but in conlem
plaiion Of law, and, rs such, possessing
only those powers specifically conferred
upon them by the laws, and such as are
necessary to carry into execution powers
expressly granted, In this State no cor
porate powers are derived from immemo-
rial usage, by counties. The Courts
have decided that under the Constitution
Of 1902, subscriptions TO the stock Of
Railroad Companies can be made by
counties, after vote Of the people las
been taken authorizing such subscription,
and the decisions have gone beyond lhls,
and declared that under that constitution,
County Commissioners could be author
lied by the Legislature 10 subscribe stock
10 Railroad Companies, without any vote
first had by the people Of the counties to
be affected by the act. In pursuance Of
the authority of the law charierng the
Great Western Rail Road Company, Feb.
"a, lS4S, the people Of Allen County
voted in favor Of subscription of fifty
thousand dollars Of railroad stock; they
also voted other additional fifty thousand
dollars ofstock TO be subscribed by the
County Commissioners to the Ohio and
indiana Railroad Company, chartered
March 90, 1850; it also appears that
when it was desired TO transfer the sub
scription Of stock from the Great Wes,-
ern Railroad Company, TO the Ohio and
Indiana Railroad Company, an act of the
Legislature was then thought necessary,
and obtained, February l3, 1851, for
that purpose. The subscription Of $780,,
600 of stock TO the Ohio and Indiana
Railroad Company, and the transfer made
for lha, purpose we're made by the Con-
missioners ofAllen County, in pursuance
of specific authority Of legislation; but
these laws furnish no authority for the
nansier proposed in this case. The
Judge said lie had examined carefully tile
general laws in relation 10 Railroads,
and the charter Of the Dayton and Micbi-
gan Railroad. and they con:ained no au-
tbori,y for the County Commissioners Of
Allen County 10 exchange fifty thousand
dolla-s Of the certificates Of stock Of the
Ohio and Indiana Railroad Company,
for fifty thousand dollars Of stock Of the
Dayton and Michigan Railroad Com
pany.
1t might be that no injury would
result to the tax payers Of the county
from such an act, and the stock OF The
road proposed 10 10 transferred might
proye no more valuable than that des>