Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1873-11-26

tho TAR OF JUettccS SuSy 0"u"'osS~
enough to take esro u Themselves.
Probably they will do II in the flu
,utc. The principles Of the common
law, unlike the physical laws Of the
universe, 4 nut immutable. The
last decision always governs. The
advocates Of tho hig..er law, when
told the Supreme Court OF the Uni.
ted States WIS egninst them Oh tic
nigger question, quietly replied they
would reconstruct the courts, and
they did L.. Three years ego tho
president, in orJcr 70 protect Ills
railroad friends, reconstructed II on
tho legal tender question. ~ We all
well remember.
The farmers of Illinois last spring,
cumulative Of the great examples OF
reconstruction which had been set
before them, undertook . little bit Of
court rcconstructing OF their own
account. with a degree Of success so
%dat,cring that We think the business
will become very popular in all
Western ATTITUDES.
A trite old sdage says there are
numerous ways Of killing u dog.
We have tried choking him with
butter, whit ncxtf
IN THE U. 3. CIRCUIT COURT.
Eliz. J. JordOn VS.. Cass county.
Syllabus of. opinion delivered by
Judge Dillon: ,s.' =
First. The act Of tho General AS
scnibly of Missouri: of March Esd,
1858, U.aws, 1868, p. %; LIST Wayner's
Statutes, p. 3lS), authorizing town.
ship aid to railwsys,is not In conflict
with the Constitution Of the State.
Second. Art. II sec. II Of the Con.
stitution of the State, which pro-
hibits the Legislature from author
izimg county. city or town" to cub
scribe for the stock Of any railroad
company unless authorized by two
thirds OF the qualified voters thereia,
does not restrain the Legislature from
authorizing o vnship aid tVrailwsys
lii two.thirds ef the voters OF the
township shaaf ~ssaction the PROPOSE
tion.
Third. Whether the Legislature
could, in the case Of townships, dis
] pense with Unpopular vote, doubted
but not decided. AZ tow nships we're
not incorporates bodies, the Get of
March 2Sd, 1851, above nieationSd,
, when the propesal had bsss ad0PeedI
by the voters Of tn tsNusAiR au-l
thorized the county court ~ tssae
bonds i'll the name of the county On
behalf of the township v6tlng the
aid held (oonstruiset IL laih6tyre
of Misso1ei) 3thaa sAe oWnee u al
bond thus issued by 0eounty for al
township had no remedy by sction
against the township Or taxx6ae' IN
habiiants tiiereiB, but the semedy|
was by ninndainus to tho ooonty
court to compel it TO levy and seAect
the special tax, which the act pro-
vided as the mean to pay the bonds
and tho interest thereon. That the
owncr Of tile bund could sue the
county in whose name its bonds
were issued, in the Federal court aud
recover judgment thereon, but such
Judgment could not be enforced
against the county or its property, or
the tax payers VI the county Vt large,
but only 10y mnudamus 10 the county
court SO compel the levy aud collec-
ton OF Il special tax, according to
! the statute III such cases provided.
ANOTHER BOND CASE
T.. W. HurdekOpcn W.. Buchanan
county; syllabus Of opinion by
Judge Dillon: Where legislative xn-
liorl,y is conferred upon q muuici-
pal or public corporation 10 issue
bonds OIL the sanction of the voters
to be given ut al election, aud the
officers OF tue corporation are by tue
law 10 decide whether the requisite
sanction has been given, aud they is
sue bonds which reciie it. No irreg.
uiarity Ut the manner of appoint
ing the judges OF the elections or
submitting The question 10 . defense
10 the bonds thus issued when in the
hands of bona tide holders for value,
without aci ual otiss.-
-sTHE CITY OF PLEASANT HILL.
. Isaac w. Pollard vs. the city oil
: Pleasant Hill: This action ia
brought Oh detached coupons of two
Glasses OF bonds, tho first on SUBJ
srripiiOn of $4,000 10 the Pacific
railroad OF Missouri the second on
bonds funding the debt Of The city.
:. Plaintiff claims 10 he holder for
, value bufore maturity.
y. As 10 the Pacitic railroad bonds
and coupons, the answer sets up thai
! The vote and ordinance authorizing
the subscription were u the Pacific
, railroad OF Missouri in aid Of cOn.
%structing the Pleasant Hill aud
Law renee branch thereof; that the
= subscription was actually made 10 tire
, Pleasant Hill and Lawrence branch
of The Pacific railroad, aud tue bonds
issued in payment thereof delivered
to the st. Louis, Lawrence aud
Denver railroad ; that for not pursue
ling Tue authority, Us cited in sub
T scribing, the bonds aud coupons arc
void. IL il Admitted by the pleading
that the necessary twO-lhirds vote 10
> authorize the takin. of s,ock Was
I had. The bonds OH their faces reciie
that they were issuetl 70 The Pacific
! railroad. An innocent holder 10 not
required to look beyond the authority
sni recital in the bond 10 Sec wbeth-
er forinatilies Of any kind. embracing
tue question as 10 the subscriUiiOn,
( has been compiled with. This has
, been the uniform decision Of the
: supreme court Of Missenri fr0n the
case oil fa2y vs.. the .fily Of pslmyra,
4 81 Mo-, 44O, 10 its LAST. uIfeported Ut.
, ieram-cs in the Clark county case,
Nor nus the Federal Judiciary been
!. wanting in its stsa1tast adherrnco n
{ this doctriIa. A late % 6iteeuth
: Wallace, Grand .Ghass W.. v(fneesr
355, it has been rE-asscrted, end Tor.
nicr cases affirmed.
Asfo the defence that lie bonds arr
, payable in legal tender NOES, aud
{. that 10 authority exists 10 c0ntracI
for gold coin In payment Of iutsresi
liz ls only necessary TO refer 10 ID,
case Of TribleeocE vs.. Wilson aas
wife, IL Wallace, 687, 20 find the Law
as settled by tie Supreme court o
the United States. 1t 10 there hell
That a CONTRACT may DO made Tor golt
coin OF. specie. aIid that such cObirse
caunot he satisfied ly payment il
legal tender notes. That y cVnirac
10 iay boiis in icSul tender n0fe,
/, tahi ihe interest ihefc0n in gold c0fl
: CAN 10 made, u is apprchcnded vii
:. not be seriously questioned. IL is I
: matter OF cohfraef . ,upsiy, and wses
its conditions sufficiently appear, tia
a RI Wilieniurc4 IN L., Ala AAes IN.