, 1880-01-21

HAILnOAD-A[D HONDS.
Judge Budget ycstcrtlay decided tic de-
tn,lrrrr to tho declaration fn the cise Of Isn,e-
fine Thomas agnt,ist tic Town Uf MOlnellcp,
kntkRkce County. This WIS II suit IL rce0y-
CT on so,nc ratlroad-ntt bnnsts issued It, nih
OF tho CIlicugU, Danvitlo u VtMccnnes 1suil-
road, md the demurrer raisetl tlrunesti0n of
their validity. UMtcr the act nf March !,
ls'i7, al1 towns within twenty miles of tl1e
1M.lanA State line, ntld between Cllciigo a1ul
Lawrence County, were authorized II tlonate
Or grant Md to tho building Of tllls rtntl.
Tsffe TOWN Of Monence, III pursuance 0f TINT
net, voted nn tho IT'LL of July, lHG3, to is-
sie bonds 10 tic al.l0l,nt Of $al.0M nlM
to glvc the prMeetls tnwArtt building the
%Ss saSs t49 Ell mol ss ec9 act 9ws1s; s s;a BY # e 5o 1S
but only ,Eave thu power to give atd to Tho
rnusl, wiillnut specifying li0w. March n,
lstst tho Legislature passed n curative hrt,
recittng IN the preamble tho vote Of the
ellacIug TINT Tho town might issue tu',,,ls Il,
iccortlNnte With the y,lte 1nr tile ptlrtt,se Ut
raising tic S ,no. and als2 provided tint the
Supervisor sElDllti exGetite the bonds, alml
tat aSes m saw s2 }Ss s y ley!e @ r9 4 ynp u
ii, ,tetnurrcr that under the act Of Alnu.!t !,
no power was given the town to issls
bonds ut n'I; Tie .]u'lgt,, however, h.l!
ttlt CtlHe u1H nnt COME WItIiln INC
authorities cited. III, NIL those rases either
III power was given tiie. municipality to vote
OH tho question Ut creating I'LL indebtedness,
md nll lnwcr was derived from m act of tho
Legislature nfter the vote WIS taken, or else
any curative Act which might hive been
questions which did mt arise I'll tfe prcsrut
iltstalGp.. The demurrer WIS, therefore,
oyerruIetl and time given to plead.
GREAT WESTERN TELEGnArII.
The litigation OYER the $1,000 which the
Receiver Of tic Great Western Telegraph
Company recently paid into court for the
benefit of the Western Union Telegraph sns.-
denly ceased yessertlny. tile two Companies
having come to MI nnlfcabte arrangement.
It will be remembered that the Receiver Of
tho Grcat Western Telegraph Company
filed q petition to have the Western Unuli
Company deliver up certain lines Of the
former. The Western UntuM replied that it
held Rnch llncs 10 secure lien 0f solnp
$4,000 for advances made. The Receiver of
the Great Weslerl, then pail Into coltN This
amount and reiterated his request, and Judge
l3arnsln ordered the lines to he surrendered
From thts order the Western untUn sued out
Il writ Of error anil 0btaincd snperset|cns.
by this agreement NIL litigation between tho
parties Is to DO discontinued, euch purity. .lNy-
Ing It's own costs. The Western Union COM
pasay Is to deliver to the Receiver Of tho
t:reat Western Company alt tic Promises
Receiver Of tho {sreat Western Il,Hler tic
leases and agreements between tic parties uf
tllc dates Of Jan: !. lS15 cXcert tlle !inc FROM
Nebraska City to Seward, anu Feb. !, 1876,
delivered oyer or rendered under the pro-
visions Of this last agreement, Including MI
tho lines of telegraph, telegraph poles, Ill
strnnlents. and other property In tho pDssrs-
sSa 1sscnf e caS ts sste rs g"a sre19 19 m q ts c
l be Completed within fifteen .ays s; fro;m tic tie
date Of order OF Court. The Western Union
expressly asserts TINT II has done nothing by
q affect tho lcased promrty 1t has had.
TI,irl, neither party Is to c1aiill my conlpel-
sntion or damages. agAinst tho other for wear
nr dnnngg, repairs or moneys expended.
f p1r s Ken, On RS wdsg ssfemt n H. By s RscTySr e tSr
latter Company with the AlisaEand pacitic Rail-
rnad Company, md n rreuse by the Western
Union Of iii Us Interest In tho telegraph llnp
from Nebraska City to nn,l beyond .Ll,coln,
lis It' t'rest I WcsterI ooo. Fift, tic e Wesl Isl
ern Union relinQnisi,es NIL right to the SlD,-
7I7.5T heretofore deposited ~ cnurt. Sixth,
MI order approving this settlement anil au-
tl1rlzlng and lress,HE the 9fsiEnn'ent aml
Interest Of the Receiver Of the Circuit
Western IN tic contract with the Midland
Pacific Railroad, sl1a!l be entered by cons!nt
nf all parties rs part Of the order tlisMlsslng
Great Western 1rciesrapli Company y havo a,:o
been transferred. to and placed Oh tic pDles
nt tho Western Union, they l,ay rel,latn on
the poles of tho hitter, and he used hy tho
ltccetycr, lIis successor or assigns not Ionger
6frf1y