The Cairo daily bulletin. (Cairo, Ill.) 1870-1872, 1871-06-09
ALL RIGHT!
THE COUNTY COURT REFUSE 1HE
PRAYER or TIE PEOPLES
PET on,
BOT AGREE TO SUBMIT THH oUEs
lion TO A vO OF THE
PEOPLE.
The Election 10 be Held Within
Twenty Days.

Yesterday morning at 10 clock the Ex
e;utive Committee, appointed at the lat
mass meeting called to take action in ref
erence to restoration of the "donatior
contract with tho Cairo and Vincenne
Railroad Company, met at tho Council
Chamber, and organized by appointing
Ex-Mayor Thomas Wilson, chairman pro
TEN.
On motion subcommittee of five, com
posed Of the following gentlemen, were ap
pointed to confer with the County Cour
on all matters arising out Of the presen
movement, viz: Mesars Taylor. Wilson
Mulkey, Winston, and b. $. Harrell {,
which committee Mayor Lansden was af
forwards added
THE CALL on THE COURT.
The committee then rose and proceeded
In body to the courthouse to hear the
decision Of the court on the prayer of the
petition presented on Tuesday last.
BEFORE THE COURT.
At half-past 10 o'clock the court re-
ceived the committee, when The following
proceedings took place.
Mr.. WILSON--May it please the
court, AIN instructed by the committe OF
citizens who had the honor to present to
your honorable body on Tuesday last a
petition praying for q restoration Of the
donation contract with the Cairo and
Vincenncs railroad company, to say TO
your honors that they appear before your
honors this morning to hear your dcis-
sion in reference to the prayer Of that
petition.
JUDGE BROSS.-I have had no consulta-
ton with my colleagues in reference to
this matter and shall wait until they have
expressed their opinions before giving nv
views on this subject.
JUDGE MARCHILDON-I have reduced
my ecision to writing, and would ask
Mr.. Lynch, the County Clerk, to now read
it for the information Of this committee
here present
Clerk Lynch then read Judge Marchil-
uoh decision, as fOIIows
At the June term OF the County Court
for the county of Alexander.
The Court having heard the petition
Of many electors and Taxpayers of Alex
ander county, praying for the restoration
Of the contract heretofore made between
the former County Court and tho Cairo
and Nincennes railroad company, known
as the donation contract and the address
and arguments which followed the read
ing Of said petition, and having duly con-
sidered the matter in all its bearings, are
of the opinion that sad donation con-
tr-ct' was not only unauthorized by law,
but ha. been entirely forfeited and made
rod by the failure on the part of said
Railroad Company 10 comply with lis con-
dition, and that, therefore, the county of
Alexander is entirely released from any
and all obligations under said con-
tract. The Court fully recognizes
the legal force of vote by the people Of
county, authorizing the comfy to sub
scribe to the. capital stock Of any railroad
TO pass through or into said county, and is
at all times ready to carry out the will of
the people, whenever that will isexpressed
through the bsllot-box, and requires only
what may be lawfully done, and ready
and willing 10 subscribe to the capital
stock Of both the Cairo and Vincenne.,
and the CAIRO and ST. Louis Railroads,
placing them upon the same grounds, and
in accordance with the vote Of the people
already made. But they cannot see any
proprlety in restoring contract they be-
lieve 70 be unwarranted by law, and with
parties who have heretofore failed to carry
out their agreements, and especially when
n respectable portion Of taxpayers and
voters are opposed to it. The court, there
fore, feeling deeply the obligations resting
upon them to promote the interests of all
the people of said county, so far as they
have the power TO do 80, respectfully de-
cline to grant the prayer of said Pc
tition.
JUDGE McCRITE.-I had prepared
notes containing my opinions on this sub
ject intending to read them in the hearing
OF the Committee this morning but last
night Judge Marchildon submitted TO my
consideration the paper just read, and as
it, generally, expressed my views ! con.
cluded to dispense with my own notes,
and announce my concurrence in his
opinion in this matter.
JUDGE BROSS.-I have not as said
before, consulted my associates in this
matter, and have not written anything in
reference to it; but l will briefly state
my conclusions. The new constitution of
the State forbids levey of taxes by the
County Court of more than three-fourths
of one per centum for all purposes with
out vote Of the people. The amount
thus raised, at present, will not be enough
to pay the ordinary expenses Of the coun-
ty and the interest on these bonds, and
l would like to have the people decide at
an election whether they are willing to be
taxed to pay the interest on these
bonds if they are issued, and
whether they would be willing to
have the donation contract restored.
have always been in favor of such an
election, and have so informed the resi-
dent directors OF the Cairo and Vincennes
railroad company. fiat such an election
the people vote in favor Of restoring the
contract and declare their willingness to
10 taxed to pay the interest on the bonds