The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1870-04-21

as loan, and the security provided by the
act, given 70 said city, which bonds are nov
outstanding. This aeg sufficiently appears
rom me blli of exceptions Testimony OF
= Sholes, record, PIP. 26S and 800
rms act, therefore OF March 22d 1858, has
! 70 relerence TO the matter in dispute, and
/ need not be further noticed as this scrip was
! not issued under or IN pursuance of H.
| Ihe connse for the plaintiff next introduc-
90 an act to amend the Charter OF the city OF
henosha, approved March 23d, 1858, and read
therefrom as follows:
SECTION 8. The city council shall have
power TO levy aud collect special taxes for
any purpose aside from what may be speci
ally provided Tor in the charter) which may
be considered essential to promote or secure
the common interest of the city; or may
OorroW on the corporate credit of the city;
: Tor such purposes, any sum of money for
any term Oh TIME, at anyrate OF interest not
" exceeding ten per centuu, and payable oil
: any place that may be deemed eXpedient
" Bonds or scrip may be issued therefor un-
" der the seal OF the corporation, and the re-
sources and credit OF the city pledged for
the repayment of he sums so borrowed.
with the interest on the same All such
moneys shall be expended under the direc.
Ilon OF the city council; but m such tax
snail De leVled, or money borrowed, except
III accordance with the provisions OF section
forty-four OF the city charter. and in all
" submitted 10 qualified voters, The amount
and object of the proposed tax orloan shall.
: be specifically stated TO be voted upon
" Faxes tor any OF the objects here coniem-
plated shall be levied exclusively upon ali
The lots and lands in said city not exempt
" from taxation by the laws OF this STATE OF
" United States, ana not including or esttna-
" ting any improvements made thereon"
Record, y. 23S. +"
The plaintiffs counsel then read in evil
dence an acI to provide for the election of
railroad commissioner in the city of Kenosha.
approved Oct. I'd. 1856. Record, pp 257--8.
Also, an act to consoidate and amend the
act to incorporate the city of Kenosha, and
The several acts amendatory thereof APPROX.
ed March I'd, 1851. Record, D. 1853
Also, chapter IL 0; the same act, relative to
railroad commissioner. Record, D. 259
The plaintiffs counsel then offered to read
In evloence an ordinance ofsaid city, relative
to tax in aid of the Kenosha and Beloit
Railroad, passed in August, 1855. as follows:
SECTION l. BE 1t ordained by the Common
: Counca Of the City Of henosha: That under
and in accordance with section OF an act
9 to amend the charter OF the city of Kenosha,
approved March 23d, 1858, and section A of
y the act to incorporate the city OF Kenosha,
!. aquestloD shall be submitted to the legal
voters, whether tax to the amount of one
:. hundred and fifty thousand dollars shall be
. levied and collected for the promotion of
1.-The common interest OF the city, in aid OF
1.-The kenosha and Befoit Railroad, AS follows,
viz: Fifty thousand dollars in 1856, fifty
thousand dollars in 1897. and iii.
"ty thousand dollars in 1863.
SECTION The election for this purpose
shall be held on Tuesday, the 2stb day OF
I" August, instant, in the first ward at the
City Hall, in the second ward, basement ct
MIR. n. Il. Aliens dwelling house, and III
'the third ward, at No. rs Engire House,
-" The polls shall be open at M. of said.
day, and close at IL NJ. ;open again at p.
M, and finally close at S pm.
"The qualifications Of voters are as pre-
''scl bed by section II OF the act last above
referred to, and the election shall be con
"ducted generally as other elections in said
''city are conducted for city purposes. The
ballots shall nave written or printed there
"on the words For tax as provided by or
" dinance. or against tax
"SECTIoN Upon the return and canvas
'of the votes cast, IT it shall appear that u
majority of the legal voters have voted for
"such tax, the Mayor shall, in the name OF
the city of Kenosha, subscribe to the CAPT.
. tai stock Of the Kenosha and Beloi. Railroad
Company the sum OF sxty-six thousa nd dol
g Tors, for which stock, on the reception by
1.-THE treasurer ofthis city oifnli paid certif-
'icates covering said sum, the Mayor an ID |
"Clerk shall issue and deliver TO the Railroa d
Company, city scrip in such denominations
= as the proper officers of said Company may 4
REQUEST, as follows: tWenty-twO thousand
dollars, payable first of January, A. D. 1857;
twenty-five thousand dollars, payable first
"of January, A. ID. 1858; and twenty-five
Thousand dollars payable first of Jarlllarys
" A. d. 1859 said scrip to bear an interest OF
ten per cent, and the interest to be paid
annually" Record, D. $780, lHfgsel IA So : i
In connection with said Ordinance, said
plaintiffs counsel also offered in evidence the
proceedings Of the City Council, held August
29th, 1855, by which it appeared that the cleo
tifN did hod h.,il 49, -
majority was in favor of the tax sH q
The defendants counsel obiectad to the
reading of said Ordinance and the proceeding
OF said meeting in evidence, for the reason
that said Sth Section of the Act TO amend the
Charter OF the City of Keuosha. approved
March Esd, 1853, and the ordinance and 9th.
er proceedings under it, We're unconstitution
al aud void, as being in contravention Of Sec
ton Sd, of Article 1lth of the Constitution of
the State of Wisconsin. The Court oyerruled
the objection and the defendant excepted.
The plaintitf then offered to read in evil
dence from the city records of Kenosha, as
follow to-wit: A
"CITY CLERKS OFFICE, April 81, 1856.
I" This day were delivered to the Kenosha
"cftwehty two thousand dollars (22, COO each
with interest at ten Q0l per cent. Numbers
ed one Cd, two %. hree e(3l and payable
"aS follows: No l. January 1st. 1857 .fNo g
SO. January LIST, 1858; No. 3, January LIST,
" 1859, in accordance with an ordinance of the
sc city. A certificate of stock for sixty-six
thousand dollars (S66, Oo0) deliyeredby Sec.
''retary OF the Kenosha 81 Beoit Railroad
Company to me, placed in the hands ofthe
| I" Treasurer.T lna ls1ea 81 81 & M ano
n se j MURRAY, City Clerk y.
| The defendants counsel objected to the
reading the same in evidence ON the same
ground stated above, and the Court ogerrued
| the objection and defendants ayeanfad Poc
ord POI. .l9ihf,s,,ol q olasf 800
The plaintiffs ounsel then offered the sew
eral orders or scrip set out in the declaration
TO the reading of which in evidence, the de-
tendant's coensel objected for the reason
above stated, and. the Court oyerruled the OBJ