The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1870-07-14
COUNTY RAILROAD BONDS.
Injunction Against Manitowoc
County-Opinion by Judge
Miller,

Miller.
In the Circuit Court of the United States
for the District of Wisconsin. H. Gedgen
and Xavier Blust VS.. the County Board Of Su-
pervisors Of Manitowoc county, and others.
MILLER, District Judge This bill is
brought by complainants as aliens. 1t al
leges that they own real estate in the county
of Manitowoc ubiectt to taxation, of the value
Of six thousand dollars and upwards. 1t fur
Their appears that an act WAS passed by the
Legislature of this State, and approved
March 10th, 1870, entitled IAN act to incor-
porate the Milwaukee, ManitOwoc and Green
Bay Railroad Company whereby it was pro-
vided among other things, that the several
counties upon, or contiguous to the line of
the road as it may be located, were authorized
to aid in the construction of the road by SUBJ
scribing to the stock Of the company, and pay
ing for the same in money and lcvying spe-
cial tax to raise money for that purpose, or by
issuing bonds to said company in payment for
said stock, and levying taxes to pay the inter-
est as il accrues upon said bonds. SC, and to
establish a sinking fund for the payment of
the principal, provided that before any such
aid be granted or contracted for by any such
county, the question Of granting the same
shall be submitted to vote of the electors
thereof, The act further provided. that on
the certificate of the President and Secretary
Of the company under the corporate seal, to
the authorities of any such county. that the
line of the road has been located through or
contiguous to said county, the said authorities
may at their discretion call a special election
to determine the question of giving aid to the
company. Such election Shall be called, no
tice thereof shall be given, the form of the
| ballots shall be prescribed, and all regua,
tons relating to the same, be determined by
the proper authorities of the county, SO that
the question be fairly submitted to a vote of
the electors.
1t also appears that another act was APP
proved April 9, 1866, entitled, San act TO in
corporate the Appleton s. New London Rail
road Company, authorizing the company to
construct a railroad between those points.
And by an amendment to said act the company
was authorized to ortend it's road, and buI u
a road to any point where it will intersect the
Sheboygan and Mississippi Road, and to any
| harbor on Lake Michigan; with proviso tn at
nothing in the act shall be so construed as to
prevent any city, incorporated village, town,
or county from subscribing to the capital
stock and issue bonds in payment for the
same. Such issue Of bonds to be authorized
| by majority Of the legal votes east at an
election to be previously authorized by the
| proper boards"
1t is alleged that the Board of Supervisors
of Manitowoc county has never had conferred
upon it any lawful authority TO subscribe to
! the capital stock Of either Of said roads or to
| issue bonds to either of said companies in pay
ment Of stock; except upon the previous condi-
ton, that such subscription and issue should
be approved by majority Of the electors vot-
| ing at an election to.be called by and held un-
der the immediate authority or direction of
the Board of Supervisors of the county. And
it is charged that the election upon the ques-
| -, g. -, IL e, ~
panies was not called nor conducted according
| to law.
| 1t appears that the Board Of Supervisors met
on the Both of March. 1870 in the Office Of
their Clerk, six members of the Board were
present and one was absent. 1t appears that
| the ayes and noes were called en- the question
| to submit TO the voters Of the county the prop
| ositions Of the two companies, and that five
voted in the affirmative and one in the mega
| tive. And it was further voted that the Clerk
! of the Board and the sheriff of the county be
| authorized and instructed to give due notice OF
/ such election.
1t appears thst the last meeting of the Board
prior to the Goth of March, was held on the
| 18th of that month which .journed size die.
and that the meeting held on the 30th OF
March was called and special session.
| The statute law of the State requires that q
/ special meeting of the board shall be holden
| only when requested by the members, address
| ed to the clerk in writing and specifying the
time and place of such meeting, and upon re-
| ception of such request, the clerk shall i'm
mediately transmit notice in writing to eac Oh
of the members Of the board. These require
ments Of the act were not observed The
meeting of the board was called by the clerk
! on the verble request Of members. The legis-
lature thought it proper that special and ex-
! ira sessions of the board should only be held
! pursuant to the prefcribed requirements. The
| call in this case was not sufficient in law to
/ authorize the board TO meet and initiate a
proceeding to result in contracting debt on
the part of the county to be paid by the corpo-
ration.
The act incorporating the Milwaukee, Man
| itowoc and Green Bay company was approved
March 10, 1870. On the Both, the president
/ and secretary of the company certified to the
I board that the line Of the road was located
! through the county. On that same day mott.
! ces were issued for the election TO be held on
/ the 18th of April. 1t does not appear tina.
/ tie board Of supervisors prescribed the man
ner Of holding the election, or of giving the
1 notice or the form of the ballots, or any regu.
lations relating to the election. The Clerk Of
/ the Board and the Sheriff issued notices of az
election in the matter of aiding the two com
! panies. and prescribed the form of the ballots
pursuant to the resolution Of the board on the
/ 30th Of March, that the Clerk and the Sheriff
/ of the County be authorized and instructed tC
/ forthwith give due notice Of such election
And the ballots were printed on the same sheet
and not distributed By order Of the board. 1t
With the act. The While business seems Il