Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1878-05-18
TOWNSHIP BONDS.

ItTneaueS, inc IrEech puiiosoIhoi "A
| orator. OF whom Cicero said. Him L
would not care to challenge in debate,
but would rather propitiate him, and
implore his silence" maintained that
there was no such thing as justice. 10
this opinion many of the people OF La
favette county have come, when n
tcmplating the shuttlecock and battle
door game which has been played by
the courts. with the constitutionality OF
township bonds as the teathered cork.
The eloquence and logic of Carneades
when arguing for wrong were so
great. that upon one occasion Cato, fear
lug that the public mind would be cor
rupted by him. insisted upon 4 speedy
settlement of the diplomatic business
which had brought the great Athenian
to Rome. that his departure might be
expedited. In the various cases IN
point. between the people and the bond
holders. the days of he ancient sophists
seem to have been revived. Men once
deemed great enough to wear the SEN
atorial toga have assumed the role OF a
Carneades. and have, at the chimney
corner, in transit in the railroad car.
on the street, and before the bench, en-
deavored by eloquent peroration, plain
tive pictures of widows in distress. and
even by coarse bullying when out OF
argument, endeavored to prove the
truth to be 8 lie aud q lie to be the
truth-and for what For money.
Not for widows and orphans, but for
themselves. who had purchased the
bonds rs spectators. for a song. 1t is
| not necessary tor US to review the en-
tire history of these Ubiquitous bonds;
it has been set forth at length in these
columns from time to time. 4 few weeks
ago we were gratitied to be able TO in
form our readers that the supreme court
of the state had at last decided these
bonds to be unconstitutional, in the Platte
county case. Last Saturday we were still
better pleased IN spreading before them
Il decision of the same court, which, IL
plain terms, and by q clear majority
declares the township bonds OF Lafayette
county to have been issued under an
unconstitutional act. and that they are
| consequently void. This opinion was pro-
mulgated Monday, May 9th. being rem
| dered by Judge Norton. Justices Sher,
wood and Henry ~concurring. Justices
Napton and fIough dissenting. The
suit was an agreed case, brought for the
purpose of testing the constitutionality
| OF the township aid act, in reference to
the 18th, 18th, and 18th sections OF
article II. of the constitution Of 1865,
by Thomas A. Webb against Lafayette
county, upon a coupon OF a bond issued
on behalf OF Snl-a-Bar township. Ii
was instituted in the circuit court O
Lafayette county IN April, 1874. MIR
Henry l.. HAYNES attorney for Mr.
Webb. and Mr.. Alexander Graves,
attorney tor the county. The points In
the case were Iii5cu " utiluiiSi' -
the term during which 1t was brought
! the demurrer was sustained, and the
case WAS Immediately taken to the
supreme court. For some ~unaccount
able reason, taking the Importance o
the case into consideration, 1t was no
reached for trial until the April term
1876. when it was submitted on brief anc
argument, and finally the our declare:
the bonds worthless. 1t is quite clear t
many persons now, after the elaborate
| discussion of the subject which has taker
place. that the recent decision is a cor
rect and Just one. but it was not by an,
means so plain in l~S74-anotier case 0
Columbus and the egg-and MIR. Grave
deserves much credit tor being the iirs
LAWYER in the state to boldly assall tn
constitutionality of the township aid act
and for ably and perslstentiy following
up this case to its conclusion so Tar a
state courts are concerned. The Web
case was decided by Judge VIM. 1
Wood, and the law held TO be %unconsti
tutional nearly two years before the cas-
of Iarshman vs. Bates county WAS de
cidcd in the supreme court OF the Unite
States and in the latter case, we believe
the cunstitutionality of the act was nc
raised, though it was incidentally decided
The decision in the Webb case is a clea
and explicit one. The court holds this
municipal townships have no col
purate existence; 4 neither su
or be sued, and consequent
that the legislature had no pow
er, under the constitution. to al
thuriZe their inhabitants to subscrlb
stock to 4 corporation by 4 vote, an
levy 4 tax to pay the same. This SCI
ties 4 point never before decided. LII
court further holds. that even II towr
ships possessed corporate powers unde
the constitution the bonds must be dc
clared void, because the constltutio
provided hat aid might only be extend
Gu 10 tul p'i htAoA'o W
and towns whep two-thirds OF the legs
voters assented thereto. A very mic
point, for the first time touched on.
made by Judge Norton, where he hold
that a township subscription to the cap
tai stock OF 4 railroad IS state aid ind
rectly gwen, and consequently repus
> nant to the inhibition imposed by sec !
OF the constitution. Altogether this d.
cision is the ~clearest. fullest and mo;
satisfactory that has yet been rendere
: upon the subject, and at last justice hs
prevailed.
IT. ~~anuhlican committee OF Mlct
igan thinks that its principle danger
from the Nationals, who will draw fro
the ranks ofits party q sufficient numbe
t OF votes to give success to the democra
: ic party tina: opposition should be mac
to all such movements, and that souti
ern claims must be magnitied into
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