The national Republican., 1867-01-10
Ths Conris.

~ m wnprnspAf, Jan. q 1857.
On motion Of Hon. D. o. Cook, A. J. Grsver, Of
this court.
On motion Of Hon. Rsvsrdy Jobasop, Hon. John
A. J. Orsswsii, Of Maryland, was admitted an at.
tornsy and counssllor offthis court. lrf"
No; IS; Eus 8; Stanley ct. al, plaintiff 70 error,
was continued BY Mr., MoFsrlsnd and Hon. B. R.
curti,, Of counsel for the appellee. '.grtT
Adjourned until to-monoH At II o'clock. ''
hitehsA and Clever, vs. Ths City ef Bwiing.
fon and othsr case. These cases raise the quss
tlon Of the validityo Of certain bonds executed BY
the Mayor and Recorder Of the city Of Burlington,
the city authorities, whom the council shall deem
II srpedisnt 10 borrow money "fOr any public par.
po.s'' -, -. &. a -. ~
and Mount Pleasant Plank Road ooupsay, and
there being formal obscon 10 the sxeress Of the
authority, the prerequisite STEPS having been all
properly taken there remains only the questions Of
power on the part Of the Mayor and hscordsr to
borrow money 70 invest 10 the stock Of this com
psny, that is 10 say. vhsthsr such Investment Is q
pablie pnyon within the meaning Of the city char
ter, and whether the charter is constitutional
The judgmsnt below was for the city Of Barring.
ton, on dsmurrer 10 the answer, and against the
validity Of the bonds the court holding that the
city was without authority TO issus thsn the Plank
Road Compsnyi bsing . private corporation, and
the provisions Of the charter ere unoonstitutiona
The plsintiffs thsrsupon appealed % this court,
oontending that the company was not . private
corporation, but, on the contrary, under the laws
Of Iowa, of which the court would take judicial
notice II was public enterprise, and therefore
was within the scope Of the city charter In respect
to the appropriation Of money for public purposes.
Tho construction Of the road was public purpose,
beneficial TO the town, and the corporation, under
thsir shartsr. therefore had full povsr TO submit
the question Of borrowing money for that purpose
tion OF the question BY the requisite majority, ths
officers had the right TO issue the bonds and the
holder was not bound 70 look to the appropriation
Of the money. ~. 4
whether the road 10 within or without the city
limits. The city Is estopped BY the recital Of It's
bonds from alleging Its own fraud, and thus evads
the payment Of Its debts. Besides, the city had
right to borrow money, on proper note, for any
public purposes and there Is no avsrmsnt OF notice
Of unlawful purpose In the answer and II is there
fore, bar 10 the action Tho acts referred to in
the answer provide that the city Of Burlington and
its inhabitants are tho judges Of the propriety Of
borrowing money for any public purpose. Thers 10
no allegation in the answer that the forms Of the
statute are not complied with, and In the absence
Of such compliance, the defendant and It's citi
rsns are sstopped from setting up that plank
road which they have once determined was public
purpose, Is not public purpose now, AFTER having
borrowed the money and ucquissced in Its use for
ten years .'....
Tho defendants in error sustain tho Law as laid
down by the court below that the purpose to
which the money was applied Is not public pur.
pose, and that the charter Is unconstitutional.
The enthusiastically Of the charter Is also dis,
cu.ed, the plaintiff In error maintaining that the
grant o. power thsr.ip given Is entirely In accord.
Mr.. Grant for plaintiff In error, 7, Rwing. Jr.,
opposed. Judgment Of the court below reversed.
ResidsHeo Of The Jndga Of tie Supreme Court Of
Igl .a.... tie United Stafss. TT =
Mr. Chief Justice Chase, strost north, oorne
Mr.. Justice wayns. No. . Franklin Place. I
street Irl III
Mr.. Justice Nelson, National Hotel well
Mr.. Justice Grisr, No. Q north street. Capitol
Hill ..
Mr.. Justice Clifford, National Hotel.
Mr.. Justice Swayne, Willards Hotel.
Mr.. Justice Miller, National Hotel. ..a
Mr. Justice Davis, National Hotel. ~. . sr
Mr.. Justice Field, Willard's Hotel. .''
John W. Wallace, reporter, National Hotel.
d. W. MiddlstOn, clerk, No. ses New Jersey
avenue.
David s. aoodins, U. 8. Marshal. 4s1 = street.
UNITED STATES couRr OF CLANS
WEDNESDAY, Jan, Q, 1857.
The case Of Geo. W. johnson VS.. The United
States was set for argument this day. but the
sci being unwilling to proceed In the absence Of
two judges from the bench, oooasioned by sickness
II was ordered that the court be adjourned 70 Mon
day nsIt, the l4th inst, at IL o'clock. a. IN.
RssilsRes, Of ths Jrdges Of The Court Of CiamI Of
tho United Staies.
Hon. Joseph Casey, No, 38s @ street
Hon. Edward q. Loring, No. sos I street.
Hon. David Wilmot. No. 4 A street, Capitol Hill.
Hon. BbeneEsr Peck, No. 385 o street Dbl.
Hon. Charles O. Mott, No. 1s4 street 81.
CRIMINAL CoURr-JIdge Wyhe presiding
(E. O. Darlington, District Attorney, prosecuting
John Stewart, indicted for larceny forfeited hi'
own reeogniraaoe. - ... a-..l
Robert Jarboe indicted for larceny forfeited hiI
| recogniEAnce. Bench warrant issued.
In the oasss Of John Hart and william Brown q
| noiis pros. was entered.
James Coleman, larceny was sentenced 10 one
years imprisonment In tho Albany penitentiary.
In the case Of VIM. Jones, assault and battery, O
nois pros. was entered. .. .... -.
The case Of George Williams alias Ham Jones
was similarly disposed Of ...
Emanuel Warren, arraigned for larceny, plead
guilty, and was sent to the Albany psnitentary foI
| one year. ty
| Mary E Brown, indicted for keeping . bawdy
house; verdict not guilty. ''