The Manitowoc tribune. [volume] (Manitowoc, Wis.) 1866-1878, 1870-07-14
COUNTY RAILROAD BONES.
injunction Against Nanitowoc County
Important Opinion by Judge
Miller

| PofFisers OF nhnHo~cc county, and etheis.
MiLIkn. District Judge. Tui> biii is bro't
by cou plainants a. aliens. II alleges thai
thsy own real e-tate ia the c.uuty OF Mani
towoc sufsect to taxation, of lee yalae OF az
Thousand dollar. aud uyvarG.. Il fur tner
appears that an act was passed es the legis-
.ature OF this state, anl approved March 10th
1870. entitled "An act to incorporate the
Sil~aukee, Masisc~oc and Green Bay raj
road company. whereby it was provided
among other things. that the several counties
upon, or contiguous 30 the line of tie road as
it may be located, were sathorized to aid in
the construction Ct the road by subscribing
to the stock OF the company, and paying tor
the same III money and leyyirg 81 ecial tax
10 raise money ter that pufpose, OF by isa-
, ing bonds 10 said company in payment for
said stock, aud leyyiug taxes TO pay tue in
J terest as 1t sccrues ppor said bonds (Sc.
and TO establish a sinking fund fer the pay
nent OF tie principal, provided that before
any such aid be granted or contracted for by
any such county, 6sie question of gEagt pg the
sans sinai be submitted to a Vote o. The elec-
tors thereof The act turtaer provided Int
On the certificate OF the president and secre-
tary o. the coDpauy under the corporate
seal, 20 the authorities OF any such county
HAT the line OF The road has been located
through or contiguous tc said county. the said
autherit;es may at their discretion catl a
special ca elton to determine the qu stion Of
! giving aid To TIE company. Saeh election
shall be calisdi notice taereofshah be given
the form of the all0ts shall be prescribed
aud all regulations relating to the same, be
determined b. he proper authorities Of the
county, 50 that the question be fairly sub
muted 10 a vote OF the electors
1t also aIpeatS that another act was ap.
proved Aprll 8, 1865, entitled, .'Aa act to in
corporate the Appletoa and Rev Londou
railway o24npany, AUTHORIZING he company
10 construct a r1i!rOad hetweea those pRints.
| Aud by al amendment TO said act he COM
pany was tiJthorjzed to extend It's road ana
build branch road to any point where it
viii interseft the >he5oygan and Mississippi
road, and to any haFbor ou Lake Michigun /;
with a provis that nothing Ia The act shall
be SO construed as 10 pre- vent any city, ipcor
porated village, town, or County from sub
scribiug to the capital .sock OF the company
and it authorizes any oi them 80 subscribe to
such capital stock. and Issue bonds in pay
ment for the same. Snch issue OF bonds 10
be authorized by a majority Of the legal
votes cast at an election to be previously
authorized by the proper boards'
1t is alleged that tie board of supervisors
Of Manitowoc county has never had confer
renee VI on 1t any lawful authority 10 sub
| scribe to the capital stock Of either Of said
roads, or to issue bonds to either OF said com
panics in paymeu! Of stock except upon the
pr,vons coedltion, that sucn subscription
and Issue shoI'id be approved by majority of
| the electors voting at an election to be called
by ard held under the immediate authority
or direction OF the beard OF supervisors of
the county. And it is charged. that the
election upon the question Of subscribing to
the stock OF those companies was Dot called
nor conducted according to law
1t appears that the board OF supervisors
met on the S0th of March. 1870, ia the osce
ot tf@Ir Clerk six members OF the board were
pfesent aud one was absent. 1t appears that
HE ayes and noes We're called on the cues
fion 10 submit to the voters Of the county the
propositions of the two companies and that
five voted in the aft clnative and one in the
negativH. And it az further voted that the
clerk of the board and the sheriff of the
county De Authorized and Instructed to give
due notice of such election.
1t appears that the last meeting of the
board prior 10 the Both of March was held
o. tho lSsh of that month, which adjourned
, sine Gle and that the meeting held on the
3oth OF March was q called and special ses-
) sion
The statute law of the state reonires that
. special meeting OF the board sball be hold.
Ell only when requested by the members ad
dressed, to the clerk in writing and specify
ing the time and place of such meeting. and
upon reception OF such request the clerk
shall Immediately transmit notice in writing
to each OF the HnenbaT OF The board These
requirements of the act were not observed.
The meeting of the board was called bv the
Clerk on the verba request of members. The
legislature t3ousht it proper that special and
!. extra sessions Of the board should ONLY be
, held pursuant to the prescribed requirements
TIE call iii t!!ts case was not sufficient in law
t te authorize the board TO meet and initiate q
proceeding to result in contracting q debt on
5he part u the County TO be paid oy the cor
? pCraton.
The act Incorporating the Milwaukee,
biaHito~oc and ufoea Bay company vas p
proved March 10, 1870. On the 3Gth, the
president and secretary OF the company Ger
titled to she board that the line os the road
was located through tie couGty On thac
same day notices were issued for the election
10 he hell on HE f2;h Of April. 1t does not
, appear that the board of supervisors pre.crib-
: ed the Elannor OF holding the election. or of
giving be notice, or the form OF the ballots.
or any regulations relating t. TIE election.
The clerk Of The board and the o.erif issued
notices Cf an election in the matter Of aiding
the TWO companies, aid prescribed the form
OF the ballots, pursuant TO the resolution of
the board on tie 3Dth CT March, that the
clerk and the sheriff of the county be author
ized and instIuc5ed 10 forthwith give due
iOtItc VI SECH SltCttOu. ana the Ballots
, were printed on Inc same sheet and not dis :.
tIrted by oriler of the board 1t IS aDparent
THAI tbs board had not compiled with the
act The whole business aeenas to have been
put through with too much haste 20 iAsure
accuracy IN bhe proceedings
The DOCK t. Of tits court and Of o.her
courts OF the Uuited States, arc dlIad with
suits on corporation bonds issued in aid OF
railroad companies.
II is she ssftied rule Of The courts to reject
all proof o. errors s}leeed TO have been com
mittai inyor about the election. or The issue
, ing t bonds. II actions of iuBocent holdcrs.
The court holds that Oh ljections should be
made in proper form hy tax payers bc.ore
he bonds are Issued. This bill is brought in
time. And | have 20 doubt, that the bonds
can only IL legally Issued. so az 10 contract
a dett 10 be pad by taxation, in the manner
prescribed by tie law. Authorizing end
holding the election aud is-Iing the bonds,
more Substantially comply with the law in
every particular. The matter Of complaint
In tiis case is noS technical but substantial
proceedings preparatory to Issuing The bonds
must as substantially comply with tie law,
as III leyJln2 tax for the payment OF the
debt and interest
Printing the two ballots on the same sheet
of paper may not possibly OF Itself be Illegal,
but il would be more satisfactory compliance
with the act to have the question fairly cub
mitted to vote OF the electors by Supplying
, them at the polls with separate tickets.
For these reasons l am bound to grant the
| injunction prayed fr in this bill.
4 [ think compianants are entitled to claim
the jurisdiction of this court. they are
aliens, and they allege that the value of
their estate is six thousand dollars The
principal and interest of two hundred and
fifty Thousand dcllars of bonds voted for,
| ba naiu nv r. ho L.
this state the property Of complainant can
be sold fnr amL alcc tha