The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1884-05-01
PROCEEDINGS OF co. BOARD.
SPECIAL MEETING.
MANITowoc.. April 16. 1884

Board met at IL O'CLOCK M. pufSu-
| ant to call and was called to order by
| the clerk who then read the call fol
this meeting.
On motion of AIr. Stoker the Hon
John Carey was chosen chairman pre-
tenn.
The roll Of members as certified to
the clerk was then called, to-wit:
John Halloran, Cato.
Jacob Kestley, Centerville.
A. Gauger, Cooperstown.
Math. Rauch, Eaton
2. L. Stoker, Franklin.
Adam fischer, Gibson.
J. G.. McCarty, Kossuth.
O. f. Hacker, Liberty
W. G. Lueps, Manitowoc.
VIM. Rahr, LIST ward Manitowoc.
G. f. Smalley, End ward,
Henry Wits, 3rd ward,
A. j. Schmitz, 4th ward. g
T. Osulson, Manitowoc Rapids.
j. P. Nolan, Maple Grove
John Carey, Meme
A. Wagner, Mishicott.
Fred Schmitz, Newton.
Gustav Mueller, Rockland
John Barth, Schleswig.
JOS Immler, Two Creeks.
Henry Goedjen, Two Rivers.
A. d. Lamere, LIST ward, Two Rivers.
Evan Evans, End ward, g
Geo. Breunig, 3rd ward, .
All members answered to their names
except Messrs. Halloran, Nolan and
Barth Quorum present.
Upon motion of Mr.. Stoker the
board adjourned until 2 o'clock this
afternoon.
Board assembled at 2 o'clock P. NJ.
pursuant to adjournment.
Roll oalled,-all members present
except Mr. Barth.
Mr.. Stoker moved that the board
proceed to formal ballot for the cleo
ton of chairman Motion carried
Mr.. GOedjen moved that the chair
appoint two tellers. Agreed to, and
the chairman appointed Messrs. Coed
ien and Halloran
Result of first ballot: whole number
of votes cast, "a, of which number the
Hon. John Carey received % and Mr..
Mueller l vote.
Mr.. Carey having received major
lty of all the votes cast, was declared
duly elected chairman of the county
board of supervisors for the ensuing
year
Mr. McCarty introduced the follow
ing Resolution No l:
Resolved that the rules and orders of the coun.
| ty board last yea be adopted as the rules and
orders governing this county board; and be ii
further
Resolved that the county clerk revise the old
rules and orders and have hundred and fifty
new ones printed.
Mr.. Nolan moved to amend that the
Railroad Committee be increased tc
| five members.
Mr. Stoker moved to amend the
amendment by making the committee
seven members, which was lost
Whereupon the resolution as amend
ed by Mr.. Nolan, was adopted.
On motion of Mr. McCarty the board
! adjourned until 8 o'clock a. NJ, Apri
IL, 1884
THURSDAY, APRIL II, 1884.
Board met as per adjournment and
| was called to order by the chairman
Roll called and all members were pres
ent excepting Mr. Rahr Journal o.
yesterday read and approved.
The chairman announced the fol
lowing standing committees for the
ensuing year:
| On Assessment John Barth, C. +. Smalley
John Halloran, Evan Evans, Adam Fischer.
| On Finance Henry, Wits, Jacob Kestley A. d
| Lamere, L. Osulson, August Gauger.
On General Clal ms. L. Hacker, j. C.. Nc
| Carly, T. Osulson.
On Sheriff and Justices Claims-Gustav Muel
| Ter, Vim. Rahr, w. &. Lueps, Geo. Breunig, Jos
lmmler.
On Poor. P. Nolan, NJ Rauch, A. Wagner.
On Improvements-Fre Schmitz p. T. Stoker
| On Roads and Bridges-J. C. McCarty, A. eau
ger, Jacob kestley.
| On Elections-P. t. Stoker C. f. Hacker, A
| J. Schmitz.
| On Raiiroads-A j. Schmitz, Henry Goedjen
| James ?. Nolan, P. L. Stoker j. c. McCarty.
&c, On Illegal u Assessments-Henry Goedjen Henri!
| Wits, VIM. G: Lueps.
On motion of Mr. Nolan the list Of
standing committees as selected 10y
| the chairman was adopted.
Resolution No 2, by Mr.. Osulson
| Resolved, that the clerk of this board be hereb
| instructed to procure 100 committee cards print
| ed for the use of this board
On motion of Mr. Smalley the rule.
were suspended and the resolution
unanimously adopted.
The clerk presented sundry bill:
| and accounts which were referred tx
appropriate committees.
Mr.. Stoker from the select commit
tee on railroads read the legal opinion
of Hon. f. W. Cotzhausen regarding
! the value of railroad stock in the pos
session of the county and validity o.
| the ManitowOc county bonds, and the
| report of the committee; also Offered
the written opinion of Judge Kirwan
which was read by the Judge himself
who was present:
OPINION OF HON. F. W. CoTZHAUsEN.
To THE HONORABLE THE BOARD OF SUPERvIs-
OBS OF MANITowoC CoUNTY.-Having been re.
quested by committee of your board to investi
gate as 10 the respective rights and duties of YOU
county, relating 10 stock subscription and ISSUE
of bonds 70 Milwaukee, Manitowoc q Green Bay
Rail Road Company, and Appleton 4 New Lon
don Hallway Company, beg TO submit the fol-
lowing summary report:
LIST. Your stock never was of more than nom-
mai value and eyer since the foreclosure of the
InorISdsSe OF the AtiiWaahtt, hahlIoMoc Y UreeTl
Bay Railroad and the Appleton and New London
Railway, which foreclosure took place in 1875 the
same is utterly worthless.
2nd. The present railroad corporation by the
name of Milwaukee, Lake Shore x Western Rail
way Company is altogether distinct from the
earlier companies: while 1t has succeeded on fore
closure TO the road and franchises, ii bears no
legal relation to the first organizers.
3rd. 1t may be fairly conceded that the bonds,
issued by your county, In payment Of stock sub
scription. have passed by this time into the bands
of third parties, who may properly claim to be
Purchasers In good faith and for value
18th. The principle is well settled by the Supreme
Court of the United States, that in suit by a
bona fide holder of bonds, no questions of form
merely. or irregularjty, or even fraud or miscon-
duct on part of the agents of the county. can be
considered. The only matter left open in such
case for inquiry is the power authority to
the bonds under the laws of the State. 1t is
therefore at this time IN a suit by bona fide
purchaser of No importance, whether or not the
county officials complied with all requirements
of the law In the method or manner of their issue