Daily Iowa State Democrat. [volume] (Davenport, Iowa) 1856-1859, 1858-10-20

a correspondent III "@'
Yesterday morning under the signature
Of "G" dwells earnestly upon the
subject of tho illegality OF the proPos-
ed railroad loan, and makes the follow
ing points; sMpRw
in violation Of Chap. l49 Of the session
laws of 1855, page 2lo, because that
road is already built through the
county, and the money to be expended
will he expended out Of the county
Let us see what this statute really b.
l, saws" 1t shall not be lawful Tor
County Judges, Mayors or other agents
Of such cities or counties, to issue the
bonds of their counties or cities until
,ury are satisfied that the contempia-
ted Improvement will be constructed
Nroagh or 10 their respect'0e c't'es or
counties. within thirty-six months from
the issuing and delivery OF said bonds
and the proceeds u such tonds shall
IN all cases be expended ~tth'n
the limits Of tie county I" wh'eh sa'd
CITY maybe situated"
Under this law q" claims that the
bonds must not be issued until the
County Judge is satisfied that the
money will be expended in the coun-
ty' and on railroads not yet "comple-
ted" in the county. Very well.
The law makes it discretionary with
the County Judge, to issue the bonds
when he is i" satisfied" that the road
will be constructed through or to
the county within ''thiIty-six months.
He is to be the judge Of the matter
lie must be " satisfied that the condl'
tons will be performed. Eutsays ST
the road is already constructed by the
NJ. II Al. X. X. Co. and the loan &c
them is illegal Not so. If the NJ. q
NJ. X. X. is not completed through
the county, or to the county" within
4" thtirty-s,r months" then the prohibl-
ton applies. 1t is matter OF tune
The NJ. IL NJ. X. X. is pa: TALLY compile
ted thro ugh the county. There are
$4,000 or $4,000 dollars yet to
DO expended upon the bluff IN
bringing it down to grade, and the
whole balance can be expended within
the county, although the law does
notrequirc that thc,proceeds of County
bonds should be expended within the
county. 1t only contcmplates that in
case of City bonds, the bonds shall moi
he issued until the Mayor is satisfied
that the proceeds vii! be expended
" within the limits Of the county 10
which said City is situated" What
city, The city issuing the bonds
Does it say that county bonds shall be
expended within the county Ger
tainly not.
The law is somewhat ambiguous
but it clearly refers to cities alone
when it says that the proceeds Of bonds
shall be expended within the county
in which such city is situated.
The fact that the proclamation pro
vidcs that the NJ. Il NJ. X. X. shall be
built from Iowa City to Grinncll does
not alter the case. 1t is a mere con-
dition upon which the bonds are grant
cd. It would be the same in effect,
il the condition was that the NJ. Il n
X. Il. would establish line Of steamers
from this place to st. Paul. 1t is a
condition required by the people, not
by the lar.
9. The next objection of &C." is that
the submission of the loan for the three
roads Jointly in one vote is violation
Of the spirit OF the constitution, that
prohibits cities and counties from 90
ing in debt more than five per cent OF
their State and County valuation And
&C." proceeds to say that the city is
IN the county. The city is in debt be-
yond the limits allowed. Therefore
the county cannot get into debt for the
sum allowed it This is strange reason
ing. The city is corporation. Each
town 10 . corporation. If each city
and town in the county were indebted
tor the full limited sum, that would
not prevent the county, as corpora
ton by itself, from creating a distinct
county debt, not exceeding the limit.
AS we'll might &c" urge, that large
number OF the citizens of the county
arc in debt above the constitute nal
prohibition, and being in the county,
itself can create no debt This is strange
law.
3. Our correspondent &C." thinks
that the only road to be built will be
the NJ. l. NJ. r. 4. and that the others
will die still-born. We are sorry that
: "V's' feelings lead him to speak so
desparagingly Of such men as Hon. G.
c. L. Mitchell, D. Higgins, L. Cook,
James Macintosh and the other stock.
holders and directors of Cedar Vollov