The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-01-16
HORTON, T.. J.
BY TIE COURT,

l. Where a railroad corporation is charter
ed anu orssnized under the laws of The Ter
ritory of Kansas, which provide thai after
$4,000 has been subscribed TO Ils capital stock.
anu ten per Cent sctualI PAID, and "A ceTtIn-
cate hereof ii eel IN the office OF the Secretary
UI slate, the corpora.oIs may organize and
.open books or further subscriptions, re-
auirins payments or instalIments from time
To time" He'd, That such corporation has
the right 10 accept the beuefits OF the provi'.
ions OF chapter -, laws OF 1917, entitled, An
act TO enable municlp pal townships 10 sub
scribe for stock IN any railroad. ami TO pro
vide tor the payment OF the same Not
wIthstandlng, the subscription Is To be paid
in the b JudS of the township, anu nOtwItn-
standing the bonds are not To be issued until
the railroad shall have been completed
through the township voting the bonds, or 10
such poIn in the township as may be agreed
upon IN the terms OF submission TO the
voters
= Where a proposition is submitted to the
voters "a municipal township, under chap
ter 80, laws OF lesO, to take st"cE III the maine
OF tie township IN IA railroad corporation,
and three-ffths Of the electors voting, iavor
the subscription aDd the issue OF bonds and
thereafter the subscription Is made (; He'd,
That the subscription Is valid, and the coun-
~ commissioners are bound TO ISSUE bonds
vi such munich pa. tow nsalp, after a iuIl COM
piiaNce IN the part of the railroad corpora.
ton with the terms and conditions Of such
submission, notwithstanding Ihe proposition
OF submission contains condition TO be pei
formed on the par, of the township relating
TO n trausf T OF Its stock in the corporation,
W uicn Is q nudity, when such a condition, bv
the terms Of the submission, Is subsequent TO
the subscription aud the issuance oil ths
bonds.
A subscription TO the capital stock Of a
ilroad corporation by a munlci pa town.
ship, in accordance with The term, and con-
ditIons of chapter %, laws OF 1870. is not
void, because II Is cOudii iopal upon the com
pieiiou OF The railroad through such town
ship ana through or adjoining large and
growing village in the township snd the
erection OF "A depot at or near such village,
where IL app srently - manifest that the
condition i ia furtheTance OF The INTEREST," of
the exploration and for ths benefit AMI a.
90 nloIation oil the Pablo lii the matter OF
tran>p1rlaLirnand travel.
l. Wher- a proposition Of submitting Of
stock III "a raiilOdd CDTPsfat.O Il adopted by
the voters OF "A municipal towus9f ~ at an ell
ectlOt. cIIi-d, IN pursuance y chapter -, laws
lS.u, and thereon 4 subscription II duty mace
and the proposition submitted contains
condition In 4 II tn county D-cpmes
stock holder In the corpoTstlOn or issue
b mis- To II under my subscription, L.. sub
scription OF the township Is 6 DE null and
void He'd, That sG0h township suDscTip-
ton l. not avoided by the action oi the cor
pOEstIon To enforce a pretended subscription
OF such county and obtain the county bonds
the so called description Of the county Is
of the subscriber TO make II, anu no bonds
are obtained Hereunder.
AL the justices concurring.
A true copy. Attest: A. HAMMATr,
II. s. Clerk Supreme Court.