, 1873-11-03

In, the office Of tho Governor or 8ccrotary of
Htatc, whom certified bY tho gooIohry of 5tnte
snd authenticated by the ehal # llia ouiro ahAI
h sS'l2R c Ra h s s;ans q s IN o1sss ,ss sas 'F and
Those provisions aro broad enough in thcir
terms, and NO lave no doubt thoy were intended
by the Legislature to embrace tho Journals OF
| oael House Of tic Goncral Assembly: The cor
tfncate III evidence conforms to tho toqutro-
] monta Of tho 9th Hootion, mud was competent
proof Of tho facts thorcir ieoltcd. II proves
what proceedings woro had in tho Bonato In rola-
tion 70 tho passago Of tho blu and there can DO
lad, for it il shown that all nro given that roato
to tho subject.
defen1auta-in:ntrot; as'tealdcats and tax:rayers
Of tho I'owI Of Ottawa are estoppod from
| claiming that tho bot1u Hre void, hocauao They
hnyo t.tsaed uto tho hands OF innocent holders
and tho Town Of OTTAWA has paid iutoreat upon
| thom.
+ the bonds srs x9iaspo sI 1 merely, this is truo
II tho bontls Nofo issuod without my power or
authority In law a,,thorsslrg thom I'd bo iss,1ed,
they aic absolutely void but, II tho Legal power
| or, a,tlority to iHsuo them cx.Btcl, but was
aetsetiyely os lrregularly oxeontfa l'oy are 9nly
| would bo entitled to collect them. This coil.
atruction has bcen rorea: oily recosnlzol by this
Court. as vol as by tito Slprono Court OF tho
United s.ates. (clark Y: D9arl Of Supervisors
u
Stark County, 2I ILL.,, 75: Schuyler County y.
| The People, 25 ILL.,. 1856 Board Of Superv1eors
y;WeideE. nat reportcl North = Fulton County,
In thiu csse ttho only power or authority IN
law, justfYil,g Lie ,tsling Ut to bonds, is tho
net Of tic 18th Of february, 1857, which, we
hayo aeon, was not road Oh tho ainalcn1 DAYS,
nor was !. passed. by avoto by tho ayos aad uoos
Ait D. Sec. II, Constitution of IRIS, requires
that, 0n the final passage Of all tlls, tho vute
shall be by nycs aud uaes, und shal III eutcrcI
Oh tho journal aud ITO bill shall become n law
without thu concurrence Of Il majority Of MI tho
mon,besa elect in enc, House." And tho 28a
bill shall bo reld Oh thres dsTcrent dayB, III
each House. unlcaH, In case Of emtrs seMoy,
throe-fuurthB nf the House wicIo such lii IL so
depending shall doom IL exped.ent to dispoupo
Tho bill therefore, noser became law, and
! tho Act conferred no power or authority what
| over to issue Tho houds1 It wis as completely Il
nuIty as it 1t had bcon the act or declaration OF
(spanglove =. Jacoby, Il ILL.,, 295; People. &C.,
It follows that tie bondB wcro not merely void
] ablc, but that they were absolutely void for tho
| 'want of powor OF authority to issue them and,
! In consequence, no Subsequent act or recognition
| Of their validity could 81 fur give vitality to
them IS to estop the Taxpayers from denying
| their legality.
| 1t Is also argued by the counsel that tho do
| oroo should DO reversed becauso tho bondholders
| wcro not 1nade parties.
/ Tho general rulo IL that all persons who hare
any substantial. legal or beneficial interest III
tho suit should DO made parties; but, where such
persons arc very numerous. Or are unknown, 80
that tho rule beooznos impracticablc or extremely
inconsistent, the Court will dispense with It,.
| See story'e Eq. Pleading, Sec. liz, ct sea. III
Marshall v. sillluan ct al. mot reported), which
| vas analogous, IN tha respect to the present
casc, this same objection WAS urged as ground
OF reversal; but It was disregardod by major
| its Of tho Court.
It is alleged In tho bill that the complainants
do not know. aud aro nnable to ascertain, who
arc tho holders Of the bonds. If this DO true,
nnd We have found nothing in the record dis
proving 1t, to hold the compIainnnts aro not on
titled to relief until these pernons shal be mado
partoB would virtually deny all ;eliof. We think
the case is clearly within tho recognized exccp-
sion to tho general ruso which NO have statcd,
and that the holders of the bonds are not indiB-
pensable partioa.
perceivlng no error in the record, tho decree
OF the Court below iH affirmed.
| Affirmed.