, 1875-06-26
THE LAW.
Opinion by Judge Dlodgett on
Isniironu.Af id Bonds,
The State Supreme Court 0verru1ed..-
Innocent Holders.
Mrs. Darnum Blake After Hor Money-Ht
Pleads Poverty.
Record Of Now Euits---Baukruptcy
Cases.
RAiLRCAD.Alp BONDS,


RAlLRoAD.AlD BONDS.
{nE pEC1sloN oF TIE STATE BupAENR COURT NE
TER3ED.
Tho following opltton Of Judge Dlodgett, de-
nverea yesterday morning Ii, the cases Of Dulles
vs. TIN Towns Of Elmvood and Drimncld. on
tho legality Of ratlroa1-ald bonds, which ssovos
rules our Supreme Court, Ia Of such IMPORTANCE
tint IL Is given in full:
These hrr ail aults urou conrons far interest
hons Issued y tho defendant towns respectively to
atd n Tho corstruct!on Of railroad called tho Dixon,
W. bnit Wat hno~ a. the lila & nraneh @ q ' tho
ch1cago, Dufltng!on Quincy hosd, believe n the
Sg E @ e e9%rs 3sS ~ M ho xss,, st 3,
tu~na through which tho line Of roid might 10 located
were authorized 10 subecre 10 h capital stock to an
sabserption .heud e ait fatiioa by majority q
Tho voess oi sle tGwn It an el9etion hol, for such
Of 1861, in Elnwood, and in Dfinacld In
1 s vdna 52f s. ss ts pro:., o .a IT,
s',oo. There also srecia. no.ice given That At
hnd 10 subscribe to .ho soea to tho amount Of Si6oo5
uorcin ptmac, ,ak!ne n MI 80 ooo. snd 81 coo In
ny authorized that town to auhscrite for. Ia Tho
Town Of Elnwood, the notice for 030 p e1ccs
% a & + % ies ST. :as T. al
Tbs meetings wero hetd Ind tue towns voted almost
unanno,iy 10 subscribe for she sss 900 stock and
W siaseS s e 3
II Elmwood. 10 .nended INC t'iI tha: i j. sny q tisse
towns might hnbscrtbo for stock to the amount Of
.nseY sna seoe 1 ss ss, oa fl i j. 4
field, At which lhtre was vose to subscribe for GOO
mora voted in that Town, making In a $4,000 Thcso
towns AMI bonds in payment thereof wGre iasupl by
the officers tcsanate1 by the law. On the Sit ay of
substance tIas Tho prior vote Of tcas towns hubscftb
UT fot tho stuck ia 1ueaon was valid roe, and That
a II .se to- bans S Iut aso Tut te
xI3aoo rocd III Dri1nfcld and Tho $4,000 voted In
Emwood In cxcoas q the t93 0oo originally authorized
u e0'As 81 ' ss oe fey i d'Dissa
original act Incorporating Tho Company provided also
that thcso bonds should be mnIe ,ayaple In tnenty
Iron from III. ths dse Tns soas ~ were Is sss they
now III tho hxn.ls Of purchasers, who have paid full
value for them. Tho towns rcs,at payment Of the in
ground tiat the voters Of tue towns having 10 ~.
thos!ty 70 mako tho aubsertption beyond t3so at
void. Notwithstanding ihe subsequent act Of tho Ls.s-
lntstfo validating o. raising Tint subscription nnd
oa III s1s e r tfss ~ a s
The bonds bear date in Apri and May, 1881 and eFc
Rayabo in txonty soars from she next Juy, 30 That
5ers and they therefore claim that tho bouls ara alb
aoluteiy void,
TUE DIFFICULTY IN THE CASE
ii somewhat increased or complicated byths fact that,
subsequent to tho ixso Ut these Unds. certatn Of tbs
titfzcns Of b,tl Of cas towus Instituted proceedings
against tho Tax Collector of The towns respectively 10
cnjon tho collection Of tho taxcs eyeI for tho ray
1nent Of interest on thcse boiita, and that s9t wna
thors sli siarsau VI. sun.an) tha., tLe town hay-
ing no power =. tho time tho yoto taseu no sntee
9nent aet Of tho Legislature could zcv1yy or raidatc
fr1S1 4tyrh
ta.s to make that good which bad without the act
q tns Town aSa. hsy rsa oeee sna
tho bondhol:'ess wero not parties of eoIrso to
ts Ill % nT arS H. 5s f Tsy naS f
gart'ea from wio,a they liat derived hc1u, al tlo
partt.. ii, aud 1t canno. bs hc to hc conclusive
npon thom mud sct at tho limo ills Court would
at ssa + Il, IT Il & e
decision uf Tic supreme Court Of this State un1can
of tho sHpIelno Court ot tho uuiied states. Iii of
fbsso to mo to bo entirely parallel with the
ss ts Il %.ses IL s .s.. so sss m esr s ;Es s aa 4
opinion q tho snpre1ao cort oi TIL. State, that lilo
acts OF the Legislature clothe, raty Eatcr,
authorized votu A. tho nets Of tho town authorie1,
snd makes tho bonds Wild and rendera thaiu valid
Tho reasoning of the supromo Court Of tho United
6atcs IT, that tho towi being but tho creature Of tho
IL %a as asoa
OF the Constitution, ami having doue ttrso acts. which
might 10 ou.lde Of tho scope i tta power without the
authority Of tho Legislature It to In tho power VI this
Legislature to afterwards ratlfy such acts, rnl theso
fore mike tne proceedings entirely valid and binding
The counsel for tlo esendants In thls caso Iabored
vssy noy ana A AnysGosy , t. SyaaS ths 1"se 9f hs 10
there WAS distinction between that caso ami
ths ono now tafoso us " should 10 eoa,-
TO mo their argument was more Ingenious than aoHna,
and that cAunot csc1po tho conclusion that tho
less they shall oyasluo .he ca.e Of 81. Joseph Town.
ahsn w. ogs5s-woud tccidu for tho ralntiE iu this
caAs, aud huld 1stG bonGs yalI, and hold tho town
nhblo for tho lntcrrat ~ II accrued,
have carefully considered also
THE 6EC0ND t43tST
made, which u hht tho bouA void because thby
run for longer tlo than ls Legislature su.horized
but do not think that ront IL vol tsken bcat,ee II
s q hs T9xn T." .;,s At any t nfo9ae
upon their Rights they say thess bonds duo III
thc!r maturity 1t later ate yet at tho tu they
must 70 governed " n aw satner than by thesF
ercial morality to slow parties to escape tho liability
Which they hare themselves assumed, upon techusca
road sd
own miatake or their wrong to hu4 t,lcao honds
yoia for which PARTIES have pail money aud fos which
these towns has0 o0tane what they Issued te bands
mny not have rooeYcd all tho incidental benefits which
they anticipated or expected from It, hut that tho
Court eau nut help. Tiny hase got the 1a!lroad Tor
whose construction they tsaued tho honda, and IL
to The dict .es Of common honesty selulrs
that thoy should ray. ... :.
reRsos hat tho amount involved In these suits il
amall that this opinion csnuut bo reviewed in tbs
Burretns Court Of tho unllei States, because thlnk,
tnasuuch hs IL ~ issne resting uPaA these towns
for many yearE to conle. they would probably rny tho
the opinion af the Hupreme Court upon the matter,
and certainty this Court will do anything to favor thu
together, fhey could bo uade Of sufficient amount,
namely fipO 10 mako lhs caaes abpca,atle shoull
require tho plaintiffs consolidate tho easos but
e1s1niuston they stand do not see that can he
done. Judgment will b. soadered fur thu patnttl!s.
Paddock Il Ida for tho plaintiffs Johnson g.
Qopkius Tor defendants.