The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1886-02-04
RALLRoAD MA1TRRs.
oplAI0n of ehs Atlorney General On the
0nsstioa Of bond elections 10 Raslroad


1874, on the subject Of subscribing stoch
; and issuing bOnds % municipalities IL
1 aid OF railroads. was repealed Dy Implt
: cation, BY chsp. lO7, laws 1876, aud al
county, township and clty bOuds. in AID
VI railroads, mast be issued pursuAnt q
Andln compliance with chap. 107, laws
1876. ltIWo-niths Of the resident tax
payers In = township shall sign and pre-
sent 90 the board Of county commission
J ere, petltIon praying that al election
may DO called tor the purpose Of voting
apOn q proposition Tor The issn-
Ance Of bonds Of the township In aid OF
railroad IN the sum OF fifteen thousand
dollars, and the said fifteen thousand
! dollars ~ limited In amount; that the
Township may Issue under The law 4
subsequent petiIIOn. Bigoed by tWo-fifths
OF the resident Taxpayers OF the town.
snip, praying that an election be called
70 vote thai sum, or . greater, in aid of
any other railroad through the same
township, ought not TO Do allowed or an
electlon ordered or held. The PROPOSE
ton upon which railroad bonds are
voted, as submitted by the board of
county commissioners, - . contract be-
tween the township and the railroad
company. 70 whom the subsidy is voted,
that 10 TO say: II the railroad company,
TO whom the subsidy "a voted, shall CON-
plete its road according TO the terms of
the proposition, II . cause for action for
mAndAmus. 70 compel the issuing of
bonds Is agreed In the proposition.
If the bonds are Issued and Il 10 the
limit 10 which tbs township may 60, IL
SCENE 10 me 70 be folly 20 say, that the
county commissioners have the power TO
Cause the township, by It's vote 10 enter
into another contract, and agrees TO de-
liver other bonds. IN the sum beyond the
| amount fixed by law that IL may issue,
and IN this way makes a contract that il
never can comply with II bonds are
voted to u railroad company 10 The sum
| OF sixteen thousand dollars by q certain
| township, and the maximum amount
| that can be Issued by q township Is
twenty eight Thousand dollars, the only
proposition upon which the board of
county commissioners could order sub.
sequent election would be 10 vote TO the
second railroad the remaining portion
OF the limit, after dedncting sixteen
thousand dollars.
10 answer 70 your second proposition,
permit me 10 say: If q voteI and tax.
payer hAs exercised his choice by petit
LiOniDg 70 :he board o. county commIs.
'iOners, TO be allowed with the other
voters of his township. to vote u maxi
mum limit, that his township may vote
n aid OF q railroad, and an election has
been called, he cannot again petition the |
board of commissioners, and have |
.ecoad election called tovote bonds that
;annot be issued, because Of restrictions |
imposed by law.
In answer To your third proposition, |
| will say: that where voter or tax
nsyer has signed his name 70 petition !
skiing that sn election be called, TO vote
bInds in aid of q railroad, or for any
other purpose, and before that petition
10 acled upon by the bnard, 10 whom It
10 presented, If he 81 desires, he can
cause his mans to be stricken from said
petition and not counted.
In answer TO your fourth proposition
will say: The language OF the statute
wherein il says "tor the same purpose,s
cOnEempiatea the following proposition
II an election has been called upon Pc
tition, signed by tWO-aiths Of the tax
payers, and the election has resulted dis |
astriously to the proposition, that TO
have . second election TO vote aid to tbs
same railroad company would require q
petition of q majority of the voters of .
township. and this is upon the theory
that the township should not be put TO |
the expense OF second e.ection, unless
It is clear TO the board Of county CON- |
mIssloners. that Il IL the will of q ma
jority of the voters in the district so 90
do
In conclusion permit me TO cay, |
have not taken time TO discuss the pro-
pisitions herein enumerated because Of
the press of business on this oftlce at
this time, but am satisfied from the K
animation, already made. that the prop
osition IL well supported by an album
dance Of authority. Yours. &C.,
8. B. BRADFORD.
s' Atty. GenH.
The occasion of this opinion was that
the resident tax payers Of each of the
townships of Waterloo and Agnes City
petitioned the board of county commits
sioners Of this county requesting that
special elections be called In each OF the
towonships for the purpose Of submit-
ting 70 the voters the proposition of sub
scrbing stock and issuing bonds to the
Council Grove, Usage City s. Ottawa
railway, Q railroad which 10 proposed TO
be built. maintained and operated by TEE
MISSOURI PACIFIC RAILWAY COMPANY a.
q connection and part Of its vast system
of roads In the United States, an
election was called for this purpose
il Waterloo township for MARCH 9th,
to vote bonds to the missouri PACIFIC ex.
tension to the amount of SIXTEEN THOUs
AND DOLLARS, and an election was called
In Agnes City township for, March 9Th, to
vote bonds TO the MISSOURI PACIFIC ex-
tension TO the amount of TWENTY TH0Us.
AND DOLLARS. Thereafter q pr jected
railroad of which Price, McGavock 8
90. Of Topeka claim TO be the owners.
presented petition 10 the county board
from Waterloo township aud obtaiped
an order for the county board TO vo5A
bonds TO their ROAD TO the amount oI
TwENTY-sIx THOUSAND FIVE HUNDRED
DOLLARS. It will be seen
by this opinion OF = the
attorney general that tins last order
of the board and the election to be held
Hereunder is . nudity and absolutely
volt. We understand that the road
owned by Pdse, McGavOok s. Co. are GO
ing to present tn our county board Pc
tition for an election 10 Agnes City town.
ship to have voted To their road bonds TO
the amount OF TWENTY Right THOUSAND
FIVE HUNDRED DOLLARS. Would it not
be we'll tor the people of those town.
shipe. In view of the opinion of the at
torney general. TO 60 a little slow and
not have too many bond elections pend
lnR At the same time.
Il