The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-01-28

Mayor and Aldermen OfVicksburn
vs.. E. II LOmbara-NO. 1867.
Mayor and Aldermen of Viclxshuro
vs.. y. v. n. Gar6iner-NO. Is6s.
Mayor and Aldermen of Yiclzsburs
VS.. IL. All. LOmbard-NO. 1860.
These cases involving the same legal
questions were considered and decided in
one opinion:
Opinion of the Court by SIMRALL, J.
These cases involve the validity Of the
improvement and railroad bond issued by
the city Of Vicksburg.
The subject embraces the following ques-
tons:
LIST. When did the city charter, and sup
plement thereto, of July 1870, take effect?
I'd We're the Mayor and Aldermen un-
der whose administration the bonds were
issued, officers de jure or de fGct0?
3D. Did the city authorities transcend
heir authority in making the bonds nego-
table?
4th. Were the bonds registed as required
by the charter?
9Th. Did the requisite number Of voters
assent to the issuance of$l00,000 90 of bonds
to the Vicksburg & Memphis r. r. Co., and
a like amount to the Pensacola q Ship Is
land r. K. Co., in payment OF subscription
for stock?
In July, 1870, an act was passed by the
Legislature o revise the charter and extend
the limits of Vicksburg. 1t extends the
boundaries of the city, and provides for
city government, the language being, ''be
and they are hereby constituted body pol
itic by the name of the Mayor and AL
dermen.' The 4th section provides for
city election in August after the first State
election, with power i'll the Mayor and AL
dermen to enlarge the time of voting. The
9Th section directs the Mayor and Aldermen
l. re for
holding the election. By the 3Sth section
the Mayor and Aldermen constituted by the
act, shall be the successors OF the Mayor
and city council.
The Mayor and Board of Alderman, in
office by appointment under the act of 1870,
were recognized by subsequent legislation
as properly in office, and were in fact dis
charging all their functions without dis
sent or objection from the citizens OF Nlcks-
burg.
On July 10th, 1870, the supplemental act
was passed, the 9th section OF which author
OriZed the issuance of bonds not exceeding
100000, for the improvement of the city
and for funding outstanding atty scrip
The act of February 10TH 1871, treats the
original and supplementary acts as having
| gone into immediate effect, the 2nd section
| providing for the issuance OF bonds in excess
| of 100000 allowed to be issued for the year
| 1871. by the Mayor and Aldermen.
| Ry these acts, the bonds so issued were To
| be used for the improvement OF the city,
and for funding city scrip; all bonds " IS
| sued" were to be registered III me Ireasu-
| rer's book and no bond was valid unless 81
| registered.
| The bonds might be issued for work done
| az par and when disposed of for any other
! purpose, to be valued in the transfer at not
less than per cent. below par
Section l, of act of Feb. 10, 1870, provides
that in negotiating these bonds, they were
| 20 no voluad ar moi less than so cents on the
Under the act of April 5, 1872 the city
loaned to the Vicksburg 81 Memphis KAN
read Company 100000 of these bonus, IL
aid of its construction: ,. -
| Under the goth section of the charter o.
the Pensacola and Ship Island Railroad, th'
, CITY became a subscriber to It's STOCK, paying
therefor 100000 of these bonds.
These bonds are not expressly made nego
table. The interest was, by the condltlonS
of the bonds, payable IN New IN IN o,+r,
La registering these bonds, the entr.
showed 70 whom "sold," instead of stating
, TO whom 9 issued"
The records of the Mayor and Aldermel
| showed that the Board canvassed the elec
. ton returns, and declared thatthe reg ulsit
number of electors had voted, ana thaC III
result was in favor of the subscription. In
objections to the validity OF the bonds nav
heen already stated in the form OF leSS
y questions, Held: . .ho,o+c
7 The charter and supplement thereto
of July Goth, 1870, took effect ana Went lhI
loneration at the date of its passage.
r III. The Mayor and Board OF Alderme
under whose administration these ponC
we're issued, were exercising all the dtltie
and functions of their offices under clali
Of title. and without dissent from the GU
IONS of Vicksburg. and were IN every sen'
do facto officers The validity Of their Ut
RI the offices, in view of the mode OF the
- annointments, cannot be inquired lht0
this case, to effect the rights oil rehloVe 0o'
tide holders of these bonds
III Tnou' construction of the statue
ontborizino the issuance Of the bonds,
&C. Give fulI scope and effect TO the purpose
i The law. it was necessary to make the po.'
naootiable. and the bonds on this oDJectl'
j., are not invalid. oe,is+or.
"a sssoId.', instead of as ISSUED, as 10
n mroed they should have been by the ia,
tiffs in Error. The terms ISSUED anu SUI
mean substantially the same thlng.
~ v As the proceedings of the Mayor al
= Aldermen showed that the election was q
- clared bv them as valid and legal, anu
favor Of the issuance of the bonds 70
,s Railroads a remote holder of the Donus
value cannot be affected by irregularities
10 election. or failure of the requls
two-thirds majority to vote III favor ~, ~ %
scrintion. This question cannoG nov uo ~
IS, sidered. At any time before the lss . 20
er- the bonds this question could nave vo hnr
Cd nv anv taxpayer, but after the uoi
Ir. 80 nassed into the hands OF purcnase,s
TX line If is then too late to make the ouI
t;on Hawkins VS., Board OF OuperVlSe
an 10 Miss judgment GDlf1'e@
~ Tur Masonic Grand Bodies next we