, 1879-03-12

bclonging to bonds Issued BY the town in aid Of
the ahose road. The bombs had printed Oh thefr
faco tho following condition: "rhis bond Is
issued under ind by virtue Of the charter Of
said Illinois GRIND Trunk Railway and amend
menta thereto anl other laws Of tic State Of
Illinois, and III aecorlance with the
at thc special election .old juno Is, 1s7o, ia ae.
eurdanCe with said charter aild amendments ald
iaws.H The power or authority for the tsslto Of
these bonds vas Erautcd BY tho Legislature OF
tho Statc Of Illinois in an net entitled "Au act
to amend MI act to inrorporate the Illinois
Granl Trunk Ral}way,h In force March e. 1860.
Tn tic trlal, the defense wns, first that the act
OF tho Legislature confcrrtng power on the town
to Issue Its bonds Ia MD Of tho road never be-
ca,la valfl Law, because in tho p.ssnGo Of the
net through the Senate tic ttle wns different
from what It was ID tho Housc. Second, that
the bonds were not executed by the
CORPORATE authorities. Third, TINT they
after thr adoption of thu Constitution Of 1870,
which forbade the issue OF such bonds. Fourth,
TINT the town. voted, in August, 1867, 10 issue
bonds for tho same purpose, whereby, Il
* u set q Il ePe So s
and the election Of juno, 1870, consequently,
was Illegal nnd void. Lastly, tiut the bonds
and coupons did not draw interest after ma
Judge Dlodgctt, in lIsposing Of the case, said
the first point had bccn passed on In another
rasc, nnh the net llad then been hell valid. Tho
Sennte a,id lI0uso Journals showed the net to
amend IAN Act to Incorporate the illinois Grand
Trunk Ratlwnyh rEnntcd ID tile Lower House,
uassed It lu due form, belng numbered !" House
Bill 231," alNl also passed tte Senate under the
sasllc number, though tho word Illinois was
droppcl from the title. But the Discrepancy
saoa aS eea .. III S s passas .eFsus s s'
tho Legislature. All bills werc required to ae
numbered to avoid confusion. Tie bill was
read TWICE 10 thu Senate, amol.dcd iu some slight
rsspect, Dasscd, n,1 referred baek to the House,
which conclirreit III the amendment. It thus
became valid Law. Tie titiu woa merely to aid
n Identifying tho bill, and. as tho body Of the
,l hlll was ,a.s. not chal.gcd' ,r nps tbs num-
SS .fEs war no snppsa a9snt ott ~
question: anu held tie act valid, III Lafreson Va.
FcorIa i At}apttc g. Dccatur 4. X, = ILL.,.
As to tho 1,a1incr In WHICH the bouds should
proylsled: ut shall be this duty Of tho Clerk Of
such city, town, or township Immediately to
Gull M election Iii the sa,ne manner tint oiher
elections for said city. town. or township are
ed ea 1or tao urposo o. astUFn1mg tn Wetsr m
thu stock OF said railway; nnd, II q tuaJortty Of
satd voters shalt bo tor suhsrrtpttou, then the
corporate authorities Of said city, town, q town.
ship, a,na tho Supervisor md Town Clesk Of
sud subscription to bo made. md
upon acccptas,ee by the Directors Of said Com
paDy abatl cause bnnls to bo Issued In con-
conformity with said yote.h It wus thus iu-
funded tl.as Whenever MD should bu voted BY
cities or Incorporated villages Or townk thut this
bonds should 10 executed by tho proper corpor-
nte authorities: hut tint In townships, tho
snpcryiaor and Town Clerk, who were general
deliver tic bonds. Tho duties OF those officers
would naturally, point to them as the proper
pcrsollB to carry Into etfGct the contract nude
betwecn the town nlul tho raiIroa1, uld It must
therefore DO held that the coupons u1,l bonds
were properly male,
The act WIS III. obnoxious to the Coustltu-
tion Ut 1871, for Tho lattcr. contained saving
csntlss expressly excepting all subscriptions au-
tnortxsd by ex.stlns laws by yute Of the pco-
In ls70, when the Constitution was uIopsed, u
valid law was in force. uut1cr which thu town
lud voted to issue s3u,e of bonds. The Con-
sttsutton did not say thai the subscription must
condition precedent WIS tl,nt tho vote 1nGst bu
taken before the Constitution tecamo prohibi-
tory.
At tbe election OF Aug. 81, 1850. the town
conditions unl restrictions tiIat u'o Railroad
Company would nut accept them, and u now
election was hcld In June following for
sa sa' vnsnI sane purpose' ,a ana tue bonds 7
by tic Company. II tho vote Of 1859 had brun
regular, and its terms accepted and tllu bonds
Issued, the power given tile town for that pur-
posc would have been exhausted. No contract,
however. was tn,Alo under that vote, und the
town hnu The power therefore to hold anUther
uleet!on.
Lastfy, tho holders Of tho coupons wero eu-
Tilted to lawful Interest un them altor maturity.
The coupons contutued ul tic elements Ut
pr0,issory nates nsd the sallo character Ut
INSTRUMENTS hal bccu held to draw te tegal
rate ol tntuEcst. 1t had always 1ccn tue lrac-
tics ot the Court to allUW Interest ut thu epu-
trart rate Oh u,uuctpal bonds utter they bccame
dlla at tho legal rata un thu coupons alter lia.
turlty, a1d tlint ruling would tt followed III tho
preheut case.
Tie case Ut Fairbanks W. The Town Of Ohio,
suit on three bonsls for $l0O each, and that of
Field vs. The Town uf Ohio, vi twenty-five
bunus unl eighty.nfnu coupons, Involved Tho
snno questions Us tho above. and were dcclded
tliu sal,ie WY.
Thu ease VI WaIlo ~. The Town OF Walnut,
No. 1tS0, Wae suit un AID coupnns of bo1lds ID:
sued III pursllpnce Of u votn tnken Aug. 9, 1870
an1 were al issue Ut SlU, ,U00 in addition 10 the
SW0O0 VOTED Tor IN June, 1870. These last
1uuds were nut within tho savIus clause Ut tho
Constitution and Wcru therefore illega! anil
void, together with tho coupuue belonging TO
tlicn. Atr. Y. =. AicCleilaul appeared for the
pluiMtltls. and a. e. STORY fur tte .dsfcndants.
IsENN1S~1 vANfA pNAr