The Wichita city eagle. [volume] (Wichita, Kan.) 1872-1883, 1876-08-17

Toni Il says It now alone lies with
the Legislature to correct its uncon-
Estitiaiohsdeirbr, OF htsfaksd with.
our Senator and Representatives, this
winter the matter is left, who, no
'doubt.swsiJ:ace wisely a.f promptly
upon thasiilfnt given by the Court.
1.-The decisioai reads ;.-ll '-''-'
/ eOu the 25th "oF February, 1872, lac
comfy Of Harvey vas created, aaa in
establishing the boundaries a certain
strip Of Territory was detached from
| the county Of ScdgRick ard iaoorpoF-
fated'in tire. county of Haryeya., Laws.
of 1872, page Isl, ,seca5.} III thesame
time ard by the 'sa;ile act TIE Legisla-
turc specifically expressed, their inten-
ton that eaid .tietrched territory
should NO be relieved 1i.Um any obii-
gatiUn il was t,fen under to pay its
proper proportion of the railroad
bonded Indebtedness previously IN.
fcurred BY sald SedgwicB4 county, (soe
eec. 6 Of the aot1 and only threefdays
| prior to- tliat time; the same Legislal
ture, by general law, expressed its
intention that no detached territory
should, by reason of any change in
county boundaries, be released from
the payment of its just and equitable
proportion of any Indebtedness preyi-
ously incurred by the county to which
he had formerly belonged. Claws Of
1872, page 1S0, sec. 81 But the Legis-
| lature failed TO make its will and i'll
! tention as expressed in these acts eff
| fectiye as applied 10 this particular
case. The provisions by which the
Legislature attempted in the act Great
| ing Harvey county, to make its said
will and intention effective, were not
covered by the title to the act and were
| therefore unconstitutional and void.
(Sedgwick county VS.. Bailey, ID has.
| 600) And the general law above men
toned Claws OF 1872, page 177 ct seq
applies only where county lines are
changed by the county commissioners
and & vote Of the people and not where
new counties are created aud county
lines changed by special act of the
| Legislature. On March 81, 1873, the
| Legislature passed an act containing,
among others, the following provis-
ions, to wit: section f. All real es-
tate heretofore or hereafter detached
| by change of boundary lines, from
any county or township wherein any
bonds shall have been previous TO
such change or boundary lines legally
authorized and issued By vote of the
electors of such county or township,
shall be subject to taxation for the
payment of such bonds, aud the inter-
est thereon, in the same manner as
though no such change of boundary
lines had been NADER claws OF 1873.
page 267) Prior to 1.-THE passage of
the act of 1872 detaching said terri
| tory, Sedgwick county had, under the
authority of vote of the electors
| thereof subscribed to the capital
stock of the Wichita 81 Southwestern
railroad company to the amount of
| 5000, 900, and had received from the
railroad company that amount of stock
and had, in consideration therefor, le
gally issued TO the railroad company
$50, 900 of the bonds of the county and
had also signed. executed and placed
iii escrow $4,000 more of the bonds
of said county TO be delivered to the
said railroad company whenever they
complied with the terms and condi-
tion5 prescribed in the said subscrip-
tiOu. ~ TIT Llil1t VI illC lJt.oSdGC VI
said act of 1872 said terms and condi-
tons had not yet been fully complied
with, aud said $3.50, 000 dollars Of bonds
had not yet been delivered. But af-
forwards said terms and conditions
were fully complied with and June
1, 1872, said bonds were duly
delivered to said railroad COM
pany. Held, That the said act
of 1878 applies to the Indebtedness
created by the issue of the $4,000 of
bonds, but does not apply to the in
debtedncss created by the Issue Of the
said $4,000 of bonds; that the ,s50,-
900 OF bonds were legally issued and
delivered to said railroad company
prior to any change Of boundary lines
but that said $4,000 OF bonds were
not issued or delivered within the
meaning Of the act of 1878; and fur
Their held, that said act Of 1878 is con-
stitutioual and valid so far as 1t APP
plies to this case.
2. Where q county is divided, the
rule for the division and apportion
ment of the debts and property be
tween such county and the detached
territory belongs exclusively to the
Legislature and not to the courts, and
when the legislature has determined
how the debts and property shall be
divided and apportioned the courts
cannot interfere.
Brewer, j.. concurring specially !
kingman, c. j. not sitting.
4 true copy.
Attest: a. HABfMATT,
IL. s.. Clerk Supreme Court. |