The Republican journal., 1873-06-26
Brooks Railroad Decision.

amount so subscribed. Special Laws o
1867, c. $50, s 19.
1t will be noticed, that by the terms OF
this act, the obligation resting upon towns
and cities to pay the amount subscribed by
them is absolute; that the language of the
charter is, that such vote shall be obliga
tory on said city OF town for the payment
of the amount SO subscribed , that no CON
ditlons whatever are annexed.
The town of Brooks voted by the re-
quisite majority to subscribe for stock in
the above-named railroad to the amount
of $4,000. Only 81, 800 of the amount
has been paid, and this is suit to recover
the balance.
The right to recover is resisted upon
several grounds, which we will consider
in the order they are presented in the
briet of the learned counsel tor the town.
/. 1t is said that the vote was not au-
thorized by the article in the warrant
1t is undoubtedly true that the warrant
for "A townmeeting must specify, in dis
tinct articles the business to be acted
upon; and that no other business can
properly be acted upon at such meeting
but technical precision in the wording OF
the articles is not required. 1t was long
ago found, that to require entire technical
accuracy in the wording of such articles,
would be to impose upon town officers a
duty which, in many cases, they could not
perform.
The rule running through all the de
cisions is that an article, in a warrant
for a town-meeting, is sufficient if it gives
notice with reasonable certainty of the
subiectmatter to be acted upon. Grover
V. Pembroke, l. Allen, 80; School District [
V. Blakeslee, 13 Conn. 234
1t is said in the first of these cases, that
a warrant for town-meeting is not to be
construed with the same strictness as 4,
power of attorney or a penal statute !;
that it is sufficient if it gives intelligent
notice OF the subjects to be acted upon :;
and in the second that it is not necessary
that the notification should be drawn up
with all the formality of special plea :;
that all that is required is, that the inhab-
itants may fairly understand the purpose
for which they are to be convened.
The article in the warrant now under
consideration is as follows:
To see if the town will loan its credit
to aid in the construction of the Belfast Il
Moosehead Lake Railroad
In determining whether this article was
sufficient to give notice, with reasonable
certainty, that the town would be required
to vote upon the proposition, whether or
not they would subscribe tor stock in the
road, it is necessary to take notice of
the provisions of the charter of the road,
which, being a public act, every one is
presumed to have had notice Of. The
charter declares, that cities and towns
interested in the construction of the road, ,
may subscribe for stock therein; and this
is the only mode provided in the charter
by which towns and cities could aid in
the construction of the road Now when
the meeting was called to see if the town
would loan its credit to aid in the con-
struction of the road, could there have
been any doubt, in the mind of any one,
as to the mode by which the aid would be
furnished? Could any one have doubted
that if the town should vote to use or loan
its credit to aid in the construction of the
road, the manner of granting the required
ald would be by subscription for stock !?
Can there be any doubt that the article
gave notice with reasonable certainty,
that such proposition would be acted
upon? We think not The great and
leading purpose Of the meeting was to
see il the town would eid in building the
road. A subscription for stock was not
only lawful mode, but it was the only
mode authorized by the charter, by which
aid could be furnished. A loan OF credit
is use of credit. 1t is SO defined in the
later editions of Webster's dictionary.
And such, we have no doubt, is the mean
ing universally attached to the term in
this community. Towns are said to loan
their credit to railroads, when they use
their credit to aid in building them. And
this is oftener done in this community by
subscribing for stock, and then issuing
their bonds to raise the money to pay for
the stock, than in any other mode. And
this is almost universally spoken Of as
loaning the credit of the towns. And
when the only article in a warrant for a
town-meeting is to see if the town will
loan its credit to aid in the construction of
railroad and the only mode provided IN
the charter of the road, by which such aid
can lawfully be given, is a subscription
tor its stock, we cannot doubt that the
article is sufficient to give the inhabitants
reasonable notice that a proposition to
subscribe for stock will be acted upon.
And we are strengthened in this con-
clusion by the fact that no one of the
voters of the town of Brooks appears to
have objected to the sufficiency of the
article in the warrant. Subsequent meet.
ings were called to see if the town would
not rescind its vote, and undoubtedly
much discussion was had as to the pro
priety of it; but nothing appears to show
that it ever entered into the mind OF any
one that the article in the warrant was
not sufficient to authorize it. We think
it was sufficient.
| 2. 1t is said that the fact that the rail
road company accepted the subscription
in good faith, and the fact that the select
men of Brooks paid ST. 500 of the amount
subscribed, should not be regarded as a
ratification by the town of the act OF the
selectmen in subscribing for the stock, SO
as to bar the town of the right to object
to the sufficiency of the article in the
warrant. AS we hold that the article was
sufficient, this question becomes inmate
rial, and need not be discussed.
g. 1t is said that the subscription by
the selectmen should haye been for tht
best kind of stock, not for the non-pre-
ferred stock. The answer to this obiec-
ton is. that the vote of the town did moi
| direct the selectmen to subscribe TOR the
best kind OF stock. The vote is silent as
to the kind of stock subscribed for. And
when we consider the purpose of the towr
in authorizing the subscription-tha i
was to aid in building the road, and tt
make the enterprise success-it seem
to us more than probable that it was thu
non preferred stock which the town ex
pected their selectmen to subscribe for
as such course would be most ad
vantageous to the road, and most likel
to secure its completion. But howeve
this may be, as the town did not choose
to designate the kind of stock to be sub
scribed for, but left the selection to thei
selectmen, we think they must be boun'
by the selection which the selectmel
made.
a. 1t is said that the case does no
show that the subscription for stock was