, 1873-11-03
Tile OTTAWA, oSNEo0 & FOX RIVER
=. VALLEY h. +. CASE.
History Of the Road.
Recent Decision of the Suprcne
Court In Relation to In-
tercst on Bonds.

Court In Relation to In-
forest on Bonds.
Tho ACT Of 1867, Under Which tlio Uonds
We're 1hstlell, Dcclarel1 Ncyor to
Have Been Passed by tho
Legislature.
III tho Legislative session OF 1857 law was
passe1 tllo text IF which is NJ followa:
AN Acr authorizing ecrtxln ctios counties, incorpor
aeu toWha ad toshHhips, to Eubssribe to The stock
bSsos,ox i. b T .es by ihe psope ut stats n
any tt,y county, Incorporated town. Or any township
now pr hereafter 9tE ufze nler TIC Township 0rga
rou!e If the Ottawa, Oswcgo 4 Tnx RIVER Railroad or
q to jost isio!s i5 bision 'fHa oi H. 1 Jost
te snysss s si a3 seso sy
btcono A1'usctt1era to tie stock Ut any sch roa G,u
sclibrd with coupns lor iuterost tnorsto attached,
under ouch limitations aud rralrtclious, End OH such
conditions us they lnay choosc. an tho Directors Of
aatucsp:ion having beeu ira submitted to tho haL.
taiss q sies City, town. county, Or township, and APP
En- yor, sy a ~ onx AMI upon rHeatoa Of
t.wn, or township, aforesaid. spoyin tho amount
to 10 suhscricd md tho conditions Of said subscri.
tou, 1t thalf be tic duty Ut hu Cclk Of such city
tnwn, caNnfy, nr township, Immediately to call iii
clertton III ,lu manner that other elections for
,,t,rposuof det,rmintug whether sni city, county,
tuwhhps or Town will aubarri9o to thu stock Of said
road Ml; II nla}orsty ot said votes sbulI 10 For
SulUtyiAors having Jurisdiction over rouuty nhtars
IL ssid county O. ,lo Authorities Of said city
tO1TfIhhID. FNtun, Ehn tnJ
nlalo aud, upon IFS acceptance by tho Directors o{
said eomny, ela1l cause honla 70 70 lseusd in
bcar higher rate Ut tuterel than 10 per cent por ana
n,n an Hall not 10 of lcss denomination than ii 900
and shall bo accepted by said Company at thelr par
SEQ. o ANY township In Kehta1t County, and the
Township Of P4inticd, tn Will County, sul avc l!ka
or hetesftcr !ocasod through eatd townphi md 4suo
bonds therefor III the sumo nannncr as provided Id
sec i or TO vote sum not asrerAiag $500J to pay
Blrl Eatlrnnl.
sEo.s. This act shall bo In force from and aftor Its
FAssnKe auu sl!al1 1u llbersy construed for le pr-
lie act,
SEC. !. It ahall be tho duty Of tho rropor .horc,
issug botda as aforesaid, TO make Ill necessary ".
ranEenen,s and provide for the lro,1n payment Of
a interest and other liabilities accruiug thereon. a
70 levy such ta1cs as "y 10 necessary thercfor us
other taxes aro levied by theln
Approved Feb. 18, 1871.
In the course Of time the Company WAS duly
organized, With tho Hon. Washington Bushnell
as President, and Dwight r. Cameron as Score.
tary; subscriptions wero made, bonds issued
and the road ultimately CONSTRUCTED. In tho
mouth Of September, 1870, tho first train passed
over its whole length. very much to the
chneEin Of oa-Judse Cation, who bad strongly
opposed its track being laid through his land at
Ottawa. Tho Circuit Court OF Lasallo County
had refused to grant him m injunction, and, on
certain Saturday, he went to Chicago for the
purpose Of making application before the courts
there. The hearing OF tho application was set
for the following Monday, But Sunday inter-
venod, aud on that day, by employ
ing all tie available labor TOR 20 miles
round, the officers of tho road
pushed tho track to completion, and had the first
train pass over tho line. It was, therefore, Of
no further use for tho Judge to prosecute his ap-
plicaton for tho injunction, ns it is pretty dill
cult to restrain person from doing MI act
Which ia alroady accomplished.
Tho next rhaso III the history OF tho road say
tim: Of its being leased for ninety-nine years to
tho Chicago, Darlington l. Quincy Railroad Com-
Fany. ILLS was vi1tunl tlaEsfor Of the railroad
to TINT corporation. aud excited great indignation
~ Tue towns, townships, and villngoB on It's nc,-
it being strongly and emphaticatly stntol, and
nevor donied. that the President md Secretary
hull received o large amount OF money before
shoy would attnch thoir signatures to the Lease !;
aEd t.iAt, by their action the whole Of the towns,
townships, cities, ad counties subscribing had
boen dofraude1.
limo pasEed on, and tho interest on tho bonds
became due. Quito larEo luu,uLer of towH rc-
fused to pay and, il Ottawa, Andrew Lynch,
tile Town Supervisor. and other prominent citI-
restrain Patrick Ryan, The Town Collector, from
collecting tax leyiod for tho navnenf nj t1,a In