Omaha daily bee., 1874-07-11

held at Lone Tree, upon the 25th
day of July, 1873, it was by said
board resolved that the following
proposition be submitted to the cleo
tors of Merrick county, to wit
"Shall the county commissioners OF
Merrick county aforesaid, for the
purpose of aiding in the construc-
zion, extension and completion OF
the Midland Pacific Railway, from
the city of Lincoln, in the county OF
Lancaster in said State, to
the town of Lone Tree in
said Merrick county, issue
the bonds Of said county in the sum
of one hundred and twenty-five
thousand dollars, (Sl25,00O) payable
to the Midland Pacific Railroad Co.
or bearer, to be dated the first day
of January A. D. 1875, and payable
in twenty years from the date there
of. with interest thereon at the rate
of ten per cent. per annum from
and after the date thereof, payable
annually on coupons thereto at
tached. The principle and interest
of said bonds to be paid in the city
of New York, said bonds to be de-
posted with some national bank Sc
lected by the county commissioners
of said county, and the said Mid
land Pacific Railroad Company
Jointly. Said bonds for S125,O00 to
be delivered by national bank
selected as aforesaid to said Midland
Pacific Railroad Company, Ororder,
when the said Railway shall have
been completed from Lincoln afore-
said to Lone Tree aforesaid, and
shall have regular trains running
thereon for business, provided, said
railway, shall have been completed,
and have through trains running
regularly thereon from Lincoln
aforesaid to Lone Tree aforesaid,
on or before the first day Of
January, 1875, and provided, also,
the depot of said railway shall be
located within one-fourth of a mile
of the courthouse OF said county,
and, provided, further, that said
railroad company shall cross Prairie
Island with their road and shall
plank their bridge at least eighteen
feet in width from the north bank
of said Prairie Island to the north
bank of Platte river for a wagon
bridge, and shall open the same
free for q public highway, and shall
enter into a good and sufficient con-
tract to keep and maintain said
bridge as aforesaid for a highway
for ten years from January 1st,
1878 ; and shall the county commits
sioners aforesaid cause to be levied
annually, in addition to the other
taxes, an amount of tax sufficient
to pay the interest and after the
year 1888 IN amount Of tax suffi-
cient to pay the principal thereof,
provided, such tax 81 to be levied
shall DOT exceed theamount author
lied by law to aid the construction
of works of internal improvement
in said State of Nebraska, etc."
The other material facts appear
in the opinion of the court.
A. J. POppletOn and E. Wakely,
for the plaintiff. Nj. H. Sessions,
for the defendants.
DILLON, CIRCUIT JUDGE.-This
Is a bill by the Union Pacific Rail-
road Company, as the owner of a
very considerable portion of the
taxable property within the county
of Merriok, to restrain the COunly
Commissioners of that county from
issuing $125, 900 of the bonds of that
county to the Midland Pacific Rail-
way Company, pursuant to a vote
of the people of the county at an
election held on the 30th day of
August, 1873. The cause is before
the court on final hearing upon the
pleadings and proof.
The counsel for the plaintiff relies
mainly upon two grounds for the
relief sought, which will be briefly
noticed.
The firstis that no copy of the que>-
ton submitted to the voters of the
county was posted up at the place of
voting during the day of election
in Lone Tree precinct, the town of
Lone Tree being the county seat,
and that precinct giving i'm favor of
the proposition a larger vote than
the majority for the proposition
throughout the county. thus con-
trolling the result. We held on
demurrer to the bill that the law Of
Nebraska made it essential to the
regularity of the vote that ga COPY
of the question submitted should be
posted up at the places of voting"
but the proofs quite satisfactorily
show that the law was complied
with in this respect. 1t is conceded
that a copy of the question was
posted on the front door of the
court house building lin one of the
In which the election was
held), and was the usual place for
posting official and legal notices;
and the evidence also tends very
strongly to show that another notice
was posted on the door of the
very room 1.-THE sheriff's off1ce) in
the court house in which the cleo
ton was held. This ground of re-
lief, therefore, falls upon the proofs.
The next ground relied on by the
complainant is that 1.-the proposition
or question submitted involved
three distinct subjects to be passed
on. and consequently the submission
was illegal. First, the construction
of the railroad to Lone Tree; second,
the establishment of its depot at a
particular place; third, the con-
of a wagon bridge over the
Plate river.
In support of this position, coun-
rely upon Lewis We. Bourbon
county, decided by the supreme
court of Kansas, November Is, 1873,
and upon Supervisors VS.. Railroad
Company, 81 ILL.,, 1873; People VS..
Tazwell county, 90 ILL.,, 147; Clark
Hancock county, q ILL.,, 80,
and Mcmillan VS.. Lee county, 8
Bill
Without examining or question:
ing these cases. our opinion Is that