The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1882-05-13

about $4,000, to say nothing OF court ca
pcnses and lawyers fees involved, could by
competent hand be worked into readable
volume
The bonds-$lj0,000 in face value-werc is
suea in 1869 in aid Of the Ottawa, Oswego ant
Fox River Valley Railroad, the proposition
being that the road was to commence on Tn
Illinois Central railroad at Wenona, pas
through the StrcatOr coal fields to OttaWa
thence up the Fox River to Aurora, and from
with the Chicago and Northwestern railroad
thus giving the latter city route competing
with the G., b. Il OTTO Chicago. The orlgina
proposition was not adhered to. Though
road was sold to the Chicago and Alton before
the balance to Aurora was constructed, anC
the continuation from Aurora to Geneva was
never built at all. Points were made of these
failures in the subsequent litigation. but cu
little figure in comparison with other points
to be noticed further on.
All the subscriptions to the stock from We
mona to Elgin amounts TO some 100000. OF
tawa-as well as the other towns-paid inter
est on the bonds without dispute for two years
In about 1872, seeing that the understanding
on which Ottawa voted her bonds had no,
been complied with and that the town was VIZ.
tually flecced of its stock by transfer OF the
road to the G., b. e. e., when the collector
Patrick Ryan-came around for the tax to
pay the interest on the bonds due IN 1872. Mr..
Andrew Lynch applied to Judge Leland, in
the La Sale county circuit court, for an in.
junction against Its collection. The injunc.
ton WAS denied. MIR. Lynch, who had EN-
plOyed ID. p. Jones as attorney IN the case,
was not willing to give 1t mp So and in fur
ther delving into the case, in conjunction with
his attorney, the two made the important dis.
covery that the law under which the bonds
had been voted had never IN due form passed
the Legislature of Illinois Having verified
this fact by search of the records in the Of.
flee OF the Secretary of State at Springfield, a
new injunction against the collector was ap-
piled for, the declaration being reinforced by
this important point, and this time the injunc-
ton was granted. The case was appealed to
the Supreme Court of Illinois, and that trl-
bunal sustained the injunction, on the ground
that where the issue OF town bonds was with
out authority of law and VOID oJ iAitio, no sub.
scquCnt action of the town could cure the de.
feet.
This ended the case so far as the state courts,
were concerned. Soon afterwards, however,
MIR. Perkins, Gather of l.. and n Perkins of
this city, citizen of Massachusetts,, who held
some of the South Ottawa bonds, commenced
a SUIT on them IN the L. s. Circuit Court at
Chicago, and Judge Drummond gave a decis-
ION in his favor.
The case was appealed to the Supreme Court
of the [. :, and that court standing to 4,
affirmed the decision of Judge Drummond
Well, this looked discouraging, and any
man with less pluck than that possessed by
Mr.. Andrew Lynch would have given up in
despair But he had by this time so thor.
oughly studied the case himself, and having
read the dissenting opinion OF Judge Bradley,
was so thoroughly convinced hat he was in
the right, that he had the boldness to apply to
the Supreme Court Of the L. 5. for re-hear
ing-a thing that IN the whole history OF that
court had been granted in but two previous
cases. But the re-hearing was obtained
Judge Hunt having come over to the side OF
the four dissenting judges, and Oh a second
hearing the case WAS decided IN favor OF the
town.
Here ordinarily il ought TO have ended. Blu,
on petition to the Supreme Court Of the
L. 5. by parties holding bonds, representing
that in the previous case due importance had
not been attached to the point that the law
under which the bonds were voted had moi
passed the legislature, and that the petitioners
stood ready to prove the contrary, that Cour
granted them PERMISSION TO commence another
case in the L. 5. Court at Chicago de nOCo
The case came up before Judge Drammond
during the July riots in 1871. No such proof
however, rs hal hccn ~ r'i-''H being present
ed Judge Drummund, N.lA all his feelings II
favor Of the plaintiffs but unable to give then
the decision carried the case In his pocket
year and half, and then sailed for Europe
Then Judge Harlan came to Chicago, and be
fore him new case was brought by the limos
keag National Bank v. TIE Tom Of 0ttdrd OIL
$4,000 of the bonds. Il was heard before
Judges Harlan and Blodgett, and while Harlan
decided in favor Of the town Blodgett held tn
other way; but Harlan being Justice of tn
Supreme Court Of the L. S. and Blodget, onl,
a District Judge, ontranked him and his dc
cision prevailed The case, however, with tn
disagreement Of the judges duly certified Il