, 1876-09-29
ILLINOIS MUNICIPAL BONDS.

Legal Significance ofa Votc for Their Issue
-Oplnlon OF tho United Stntes suprcmo
Court.
WAsMsNaToN, Sept. @.-In the case Of tho
Town OF Concord, H., plaintiff In error, against
tho Portsmouth Savings Dank, n error to thc
Circuit Court for tho Nurthcsn District Of ILL.,
rofs, the United States Supreme Court Inns
rendered the following decision:
The bonds to which tho coupons in snit Wero at
ssa to n s este Sy s s %
Mulch y fso7. Their fecitais n,ako drcet refer:
cncc to that act By ts title, whlcl, "a set forth At
tsersis!s, ~hsshss q .s,t sts.'!ss aI3 i fsalit,
70 s essr EN- . g. te m s y
uf,1ctohcr 1871 (,yIcn the bonds wcfc In fAct L..
suc,. A. an appropriation rdonntfou to rallsoad
company. Tie first and second sections arc tho
only ones to which reference need be mado,
~ the rst 1t was enacted that certain 1ncorro.
rated towns aud cities. mn! townh acting under ~
conceded tho Town Of Concord saa one), should
bo and were scverally authorized to appropriate
Ss sSs saea Ct ps e eX ass 70
pany,. to aid In tho construction Of tho road Of
- 1 70 3 soa III a1e
;;sSai ii: w's ssssed ,tss ts
tie propo,ition @ to apprupriaso moneys, 10 laid
Compnny shan bo Arat submitted To- vote Of tho
Legal yoicrs Of said respective townships, towns,
Ing by giving al least ten days notice thereof; and
q vote shall be taken thereon BY ballot a. tho m
Sctss aast sts' sha n 6 % Of %
then the samc shall te made, otherwise net" The
seronl section empowered and required the ~.
lax, Ind mako such PROVISIONS ~ might 10 neees-
sary fo1 tho pr9'mps ct tho appropriation
III ssfo;ty sVs e vn Of By
thi. stauts was not to subscribe to the stock OF
ihe railroad company, but to make a. appropTiea. e.
road; and oven that donation wa. not permitted
to be made until aftcr the completion OF the loca-
lion and construction OF thu road through the
It has been strcnuon.ly ins!etcd during tho asgu-
u,cnt that the act conferred no power upon or M tbc
to ass o. = dqnaea so
1t Is snitl o.hor provision made for the dona.
tlon,-pFovision 6y tic levy aud collection q =
matter for in tho Wow which we nyc ct tho caso
It ID quito tn,matsstnl. A popular election having
1ee ne and 'noy Of yotss e. cast s 1hs eo
il @ nay % 10 %eoneeded @ thst payment " ths arpro.
priation contd lawfully have been made In town
Sg Wss athosze IT, esa question IT, whether aa
authority to make the donation existed when I
was NUDE, The act ct the Legislature Of 1857
sino prior 70 jaly Z. is7d, anl no authority II al
sitor,sard. And such We think i was. Tho popa-
SoG e 81 u % S e o Fl
IN. approrrlation or donation, and tho Town vas vas
! not authorized to make 1t until tho railroad vas
| located and constructed through the town.
Before that time, and bcforo any attempt at
donation Or appropriation wus made, the authority
70 n,aks It was withdrawn. II 20 effect 10 @ a.
tic new Constitution Of tiS State, which cane Into
operation on the I'd Of July. 1870, annulled, We
think. the power Of municipalities to make dona-
| tions to ra!lroa1 companies Under tho new Con.
stltuion subscriptlons can be mado to tho capital
stock Of railroad companies under eeTtatn ctrcum-
| atAtcen but no donations can ho made. Aftcr tho
dato Of this articv, there having been ut TINT time
no donation. none could bs nude. Thero WAS no
contract to be- impaired before the donation al-
though there had. been D yoso In favor Of It, 70!
there was no confederation for tho promise Implied
BY the vote, tho road not having ns yet beer
located through the town. Kaycrscd.
hl1. Justice Strong delivered the opinion.