, 1875-02-15


contain record of ita p.aHago By tho yeAa and
nays, an roquircd by thu Cot,Htitnton. Tho SUI
pEcmo Court had in eyory casc whore sucl ktato
Of case waa shown. held that tho journal might
be referred 10 on that question - propnr cyl
dsnco, and that, when huch defect existed. the
! supposed statutes wefo void.
In 1871 nupposo1 htntuto Wan riencd by the
| presiding officers Of both 1iouses, and ap-
proved by tAo Governor. aud He'd and
publiahsd ~ b valid statute, by which
tile so7eral town. along tho line Of The 0ttawa,
0nwego tox liver Valley Railroad Company
and along some other propoaed roads, wers
given authority to voto to subscribe to tho stuck
Of sucI railroad companies and issue bonds
therefor. 1n tito spring Of 1869 most Of tfa
towns along tie tino Of tbs road above named,
from Wemona to uoneva. did vots to subscribe
stock under that supposed Statute. aud tlioir
officers Issued bonds tcre!or. In 1870 or 1871 it
MAS found, on o careful examination Of tim
journal Of the Sonata for 1851. that 1t showed
me1ciy that ilnuso bill for tllas purpose had
been received. sead twice. and roferrud 10 =
m[ttco. 1}eyond that The Honats journal was
silent, and 10 vote nt any kind on tho question
"ShaIl the bill pasH,' was mentioned in that
journal, and, Of course. thcro WIS no entry OF
tho vote by yeas and nhys on that question.
In tho oaHs ot Iiysn W. Lynch. decided nt tho
june term, 1873, on record which met ely show
cd copy Of tho journal certified By tho Secro-
tnry Of State tho snptema conrt hold tho sup-
posed statute void, md that tue bonds Issued by
tho town ofticeEa undor ttla saHle Hcra voia. In
the case Of Perkins w. tlio Town Of South Otta-
wa, tn thu Circuit Court at tho United 8tatos,
tried bofore Judge prummond In August laas,
that Court ruled that. against a bona tida
holder Of suc bonds, tho validity Of tho atat,.to
could not be attacked by resort to the Bnnato
Journal, nnd especially 10 as tho 1.oEiBatarn in
the early part II 1aC9 recognized the validity Of
tho supposed xtatnts BY passsng An amend
tncnt thereto, and also by passlng ao-
othnr Bta.uto Al to another road, roiorring
to this supposed Htatnte' aud allowing
stock, oto., az provided in said supposed statute.
Tho Judgment OF Judge prummonl was appoaled
to the Supreme Court Of tho United States,
whore tho oaao is now pending.
Another decision OF tho Supreme Court OF Illi-
nots. il lilo caso Of .tiIor rs. Goodwin h.s juat
been given, in which that Court rcafltms tho
dootrtno OF the OF 1tsan Lynch, md alnn
paasea oil two other questions which are not cx-
argument il, the Nliller-doodwip ease it WAS H.
s'sed that the oertiaed transcript Of the journal
frolied upon to show tlo rant Of tho necessary
proceedings to validate tho supposed a!atute,
was Il transcript, not Of tho original journal Ut
the seuate bnt Of mere COPY Of tho |
journal, and therefore Wns not proper evidence.
Tho attaution VI tAo Court Was also called to
thcso subsequent statutes recognizing the aup-
posed statute - valid, aud it was inaated that
thoas gayo vitality to tho supposed statute from
tho time OF tho pRehage Of these later statutes,
although 1t had no foroo beforo that. 1he /
Court, aftor referring to the decision of Ryan Va.
waa tho aan!o us in tho former, only TINT nd
ditional evidence had beer introduced to tpeacls
tho transcript made anI certified to by tho !
Secretary Of State: The osiienco Hhowcl that
taken down Oh snlnll blanks convenient for ro-
cordlng .'seas" and "nays," and on "cap pn-
per- that these Original minutes fnstened TO- !
gether. were deposited with tue Secretary Of |