The Columbus journal., 1879-07-02
The lHissuctiOn.

The Injunction.
The Injunction allowed on the
10Th by Judge Dundy of the U. S.
Circuit Court and served Thursday
evening on our board of Co. Com.
missioners, and Co. Clerk and Treas
urer, has since that time been the
main subject matter of conversation
and discussion. Every body recog-
nizes the legal right and comedies
the privilege to the L. Il. Il. II. Co.
to seek, by every fair and legal
means, to prevent the county from
issuing bonds that the L. =. will, in
good part, have 10 pay, but the
general sentiment is that if interfer-
ence with the expressed will of the
people is done merely as a matter of
worry or manifestation of ill-will
toward the new road, it will end in
no good to the U. 2. Co. We are
glad to learn, however, that the
evident object OF the u. z. Co. in
the matteris not to be accomplished,
namely delay; but that work is
being pushed forward from Lincoln
as though nothing had occurred to
mar the serenity of the situation.
The injunction can not stop tie A.
q n. from building the road.
A copy of the petition filed as the
ground work for the temporary
injunction allowed by Judge Dun
dy, would occupy full page of the
JOURNAL, and would probably be
read by but few. We give below q
brief summary of the "pilIars" upon
which the superstructure rests:
/. The Union Pacific Company is
informed and believes that agents of
the Atchison Il Nebraska II. Il. Co.
are soliciting the immediate issue
Of the bonds voted, previous to the
compliance of conditions set forth
in the proposition, and that said
bonds, if now issued and sold to
bona tide purchasers for value with
out notice, will become in their
hands valid and collectible de-
mand against said county.
=. That the proceedings of the
Commissioners in ordering said
election and the election itself, and
the proposition submitted are irreg-
ular, illegal and inadequate to au-
thorize the issue aud delivery of
said bonds.
). That the proposition does not
| contain a distinct, definite and COM
plete proposal TO issue and give
bonds 10 any railroad company in
aid of the construction OF any single
railroad, but is an alternative prop
osition to give to one or the other
of two separate and distinct railroad
companies.
4. That neither the principal nor
interest of said bonds are made
payable at the place required by
| law.
8. That a plat was not filed as
required by law.
&. That the places Of voting were
not sufficiently specified and desig-
mated.
Z. That said proposition provides
that after the expiration Of ten years
said county may levy single tax,
in addition to all other taxes, suffi-
| cient in amount to create sinking
fund for the purpose of paying at
maturitythe principal ofsaid bonds;
which said provision is unauthOr-
lied by law and renders said prop
osition and said proposed bonds
illegal and void.
As a matter of convenience we
have numbered them. AS to the
first, there is nothing whatever in it
our bonds are not to be issued until
the road "shall be completed and
trains running thereon to Colum-
bus" and no man who knows any
thing of our County Commissioner
Bl9dOrn, Walker and Wise, will for
an instant "believe" that they would
issue bonds before they see the cars.
We undertake 10 say, too, that the
agents of the A. Il n. have never
solicited any such thing of them.
The second is so sweetly general
and vague that there is not tuft i'm
| of hair anywhere to catch hold of.
! If il was intended to mean anything
there would, be some specifications.
The third might possibly apply
with some force if Seward county
bonds were under discussion, for
! there the two lines of road were
| separate, distinct and different, so
| far as part of the route was con-
cerned, and might be The means of
misleading or confusing the sover-
eign voters, but here, though there
were two plats filed, one by each
company, they were precisely alike
IN every particular as TO course, dis
tance, &c. and there could not, pos
sibly, have been any misunderstand-
ing on the part of voters.
The statute says that OCkeR bonds
or interest on the same are made
payable i'll New York, it shall be at
the State fiscal agency. These are
made payable at our Co. Treasurer
office, and therefore that statute is
not applicable to this case.
As for the remainder, it is almost
self-evident to any one who has read
the proposition that there is nothing
in them. If such a description as
this of polling place is not suffi-
cient, the JOURNAL would be pleas
ed to have Jno. NJ. Thurston, Esq,
furnish a sample specimen of suffi-