The independent. [volume] (Oskaloosa, Kan.) 1860-1874, 1865-09-30
From COR Extn Of Tuesday.
RAILROAD BONDS.
Our County In Imminent Danger! /!
RFADl READl AND ACTI
Farmers! Tax-Payers! Beware.
Don't Mortgage Your Farms,
Your Homes, Your Stock for
$l5O,0O0, Without Security!
RALLY 70 THE RESCUE!

The readers Of The ISpEpsvDKxr know
toll we'll shot NC have fs.ured the pro-
position last made TO vote for stock and
bonds TO the Atchisau. Topeka aud
Santa Fe Railroad Company. We did
40 in good faith: We thought it va. a
sefs STEP. We think SO no longer. We
beiievs With all the earnestpess Of sol
emn conviction that We .re in imminent
peril Of being p,ecipiiaied into an ex-
Perimeat: ani that unless promp, and
! decided aciion is taken, ". moy make
= fatal Dsistake;ione that will prove a
sscri6ce Of the best interests of the
County. and be an incubus upon us for
years. II not for generations. The com
WunicstiOn in our last weeks issue
a"akened US as from deep sleep. The
decision therein referred to we heard,
bui il had been buried away in corner
OF memory's s,ore-house. aud covered
lover By the thrilling events OF the past
four years. Afler reading the commu-
1ication. but not until afer our edition
vas worked Of. ~e called up lba, occur
renee very distinctly.
The decision vas rendered in War.
rem county. Ohio. by Judge White. then
Dlstrie. Judge. now on the Supreme
bench Of that State. and The points il
which w are interested we're as follows:
Tha. no great work Of improve
ment-such as railroads, canals and tie
like-can be made without community
Of effort. and risk on the part Of those
WHO b.come parties TO the project. A
position contrary to this woaId at once
put 8 stop to az Improvements of ;be
character namsd-
2. That conditional subscription Of
s.ock to q company for III. purpose OF
emrying on, such design. necessarily
implied aud carried with i, the idea that
the attempt. 10 comply with the condi
tion. mast Be made. this being the basis
and gist Of the whole m alter; that such
an attempt Of necessity. require erpen-
daxres. Hence. q conditional subscrip-
ton Of stock 10 such company, is OF
itself. in one sense, . contract, binding
the parties to make the effort to accom-
plish the work contemplated. Who
shall pay the expenses incurred? Esi
dentis those who are joint par les 10 the
attempt. and who, If the wo,k were com.
plsted, would be the joint b-ns 6ciai les
therein and ther@from. The stock is
the basis OF the credit of the company,
and must Be held for the debis Of the
same. II in the at,emp, to carry ont
the conditions specified in good faith
the txprnses Incurred equal the sum
of the sock subscribed. then the cour,
wa bound TO decree the paymeo, Of the
full amount Of such stock.
; That in the effort 70 make the road
Tor other improvement. in accordance
with tie conditions stipulated. third
parties. wholly innocrnt 10 all re, poets.
became Pnsssssed of rights-as 'aborers
ior wages du~-snd IL would BE- work
ing great injustice 10 such. to defraud
them Of their rights. !
We-do not profess to give the +xac'
woris o; the judge. but the substance
Of his decision is Ms stated. He said
further. ss su answer TO charge OF
fr.aJ. tbs. il any parties had been swim
died by the of6cers of the company.
hey lad recourse to The law for redress,
IS ia other cases Of fraud or s~indling.
The position taken vas fortified by NJ
.i'oti,iss 10 The most ample manner. asd
vas s. seconcla>ivs that lhs case sss no,
earrisd uP--ihs uaanimous opinion Of
he bsr being thst the poin.s taken
~ers imps~gnabis. =
Tbis decision covers the entire ground.
and we might here rest the csse. and
'e I'VE lie eiiisens Of the county to ,sn
tie risk and saks sAe looassqseaces. Bus
here is more an. horityof the same kiad.
IRE 6scrstsrysf THO Treasury has just
he following decision: k
IA Asu,aY 3xPARTMEsr. Sept IS.
sslR:-loar ~ ee0s to-day, asking whether /
rhs c,ga,iparc ct ss,s GavvfIpiest 10 pay III ma
u-ls. ~. 5stas i5<Eci u.jer nets Il Jusy l. is-
q, ani jcl, -. 1854. 10 aid y sh. so.stsuct,,n
81 the p.eic k .sIr'ssd, il nos tute, or c.ntipe.
rni syor sle dns sp fs"sDsns bs she RAJ r..sd
r.a orsison Of iss Sb:ig ion, is II band. From
ln exsminatios of The iesais d the ac .. snd he
vnr.o, provisions therein mad in nrcspect 10 he
ssur oi f..csc o 8. am ssiisfl q sist the faith
y the G5seram~nf IL piedg d ~ ii1eiv 70 . .p
is;. ~ issihaa - VI sny IL ssui hpsr, and = i'm
,ut y gard phetb~r the obiiaaions 6: the Rail- Q
.at company sre usfimaicI, f1lIi led or MT.
an &e,s u. NcccLL0cn, g
SsRstasy ef shs lsssssV. 4
10