The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1882-06-10
THE BOND DECISION.

Following is the opinion in full OF the Su.
preme Court of the United States IN the case
OF The Amoskeag National Bank VS.. The Torn
Of Otta,oa, involving the validity of the bonds
that had been issued by the town in favor of
the Ottawa, Oswego 81 Fox River Valley Rail.
road. Mr.. Justice Gray of Mass, delivered
the opinion of the Court:
These actions are brought upon municipal
bonds purporting to have been issued under an
act of the General Assembly of Illinois of Feb.
ruary IL, 1857. The facts of the cases do not
substantially differ from those which appeared
when one of the cases was before this Court ut
October term 1877, and the principles then af.
tirmed must control the present decision. See
South Ottawa V. Perkins, and Supervisors of
Kendall v. Post, "a U. S. 260. These princi.
pies may be summed up as follows:
First BY the law of the State of Illinois, rs
often declared by the Supreme Court of that
State, before Us we'll as after the execution of
bonds in suit, the provisions ofthe Constitution
of 1S4S, requiring each house of the Legislature
to keep and publish journal of its proceed
Ings, and, on the final passage of all bills to
take the vote by ayes and noes, and Ordalning
that no bill shall become law without the
concurrence OF ma jority of all the members
elect of each house, are not merely directory {;
but if the journals, being produced or proved,
fail to show that an act has been passed IN the
mode prescribed by the Constitution the pre-
sumption of Its validity, arising from the sig.
natures of the presiding officers and OF the ex-
ecutive, Is overthrown, and the act is void.
Second. Whether seeming act of the Leg.
lslature is or is not a law is judicial ques-
ton to be determined by the court, and not Il
question of fact to be tried by jury.
Third. The construction uniformly given
to the Constitution of State by its highest
court is binding on the courts of the United
States as rule of decision.
Fourth. An act of the Legislature Of a
State, which has been held by Its highest court
passed rs Its Constitution requires, cannot be
held by the courts of the United States, upon
the same evidence, to be a law OF the State.
Fifth. That which is not a law can give no
validity to cndspurporting to be issued I'M
der 1t, even in the hands of those who take
them tor value and In the belief that they have
been lawfully issued.
1t was accordingly held that the act of the
General Assembly OF Illinois of February Is,
1857, under which the bonds in suit were Is
sued, having been adjudged by the Supreme
Court of that State in 1870, in the cases OF
Ryan " Lynch, GO Illinois, 100, and Miller v.
journals did not show it to have been enacted
in conformity with the requirements OF the
Constitution, to have never become a law, and
to have conferred no power, although referred
to in later statutes as an existing law, those de-
cisions must govern the action of the courts of
the United States.
The weight of those decisions rs authori-
tative eXpositions of the Constitution OF the
State is not affected by the fact that these
plaintiffs were not parties to the suits III which
they were delivered. Elmwood V. Marcy, %
l.. S. 2S9; East Oakland v. Skinner, 81 |. 5.
255
Nor is it OF any importance that the act of
1857 had been assumed to be an existing law
in Dunavan v Green, 5, Illinois, IS, and In
Force " Batavia, 81 Illinois, 80; for in each OF
those cases the validity of the statute was not
controverted, and by the established practice
of that court no evidence of the contents of
the Journals could be considered on appeal,
which had not been produced and made part
Of the case in the court below. ILLINOIS Cen.
trail Railroad v Wren, i3 Illinois. -; Bedard
v. Hall, A Illinois, 81; Grob V. Cushman, ID
Illinois, 49, See also People V. Dewolt, 62
illinois. 253, $50 Binz V. Weber, 81 Illinois,
2SS, 29l-
The copies of the journals, certified by the
Secretary of State, and the printed journals,
published in obedience 10 law, are both com
pe,ent evidence of the proceedings of the Leg
islature
By virtue of the statute of Illinois of Febru
ary l2, lS49, the copies of the original daily
Journals kept by the clerks OF the two houses,
made by persons contracted with or employed