Southwest-sentinel. [volume] (Silver City, N.M.) 1883-189?, 1896-01-07

~etruction OF q water works system Tor
the uso Of tho homeopathy. Buchanan,
the holder Of some Of thoeo bonds.
brought suit upon The unaai1 interest
COUPONS thereto attached, and fbe
courts Of ILLINOIS and The supreme court
Of the United States held that the bonds
were void. Afterward, one Ballou, and
others, also holders Of portion Of the
same series Of bonds, proceeded in squi-
~ against the CITY, 10 the circuit court
Of the United States for the southern
district Of Illinois, alleging among other
proper avermonts, hat The money re-
ceived for the sale OF these bonds was
used IN The construction Of the water
works. that although the bonds bad
been declared void in another suit, the
city was still equitably liable 70 them
for the use Of the money, and in their
prayer asked for a decree against the
city for the amount found to be due,
and il not paid by a reasonable time to
be fixed, that the water works be sold
TO satisfy the decree. The circuit court
sustained the contention Of the COM
plainants, and the city thereupon carried
the case to the supreme court Of the
United States, which court reversed the
decree OF the court below and remanded
the cause with direction 10 dismiss the
bill. City Of Litchield We. Bsllou, OF al,
III u. s. 100. Mr.. Justice Miller deliv-
cred the opinion OF tho court in which
he declares that a bill m. equity vas not
theprJps1rUlnudy GnU even X TUiJ 81
law had been brobRht upon u implied
contract 70 repay the money the plain
tia would be defeated because an exist
ing indebtedness already exceeding the
constitutional limit would be- increased,
and, in constituting the constitution
al provision Of the state OF IIlIno.s
prohibiting tho mourning Of indebt-
edness beyond The limit OF 5 per
contain Of the taxable property
within the municipal corporation,
uses these strong words; "The
language Of the constitution is that no
city, etc, shall be allowed to become in
debted in any manner or for any purpose
TO an amount, including existing indebt-
odnsss, in the aggregate exceeding 5 per
ceutum on the value Of lie taxable prop
erty.' It shall not become indebted,
shall not incur any p~ecuniary liability;t
shall not do this in any manner, neither
by bonds nor notes, nor by express or
implided promise. NOS shall Il be dono
for any purpose, no matter how urgent,
bow useful, how unanimous the wish.
There stands the existing indebtedness
to a given amount in relation to the
sources OF payment u an impossible OBJ
stacle to the ~creatlon Of any further
debt in any manner or for any purpose
whatever. II this prohibition is worth
anything It is as efectual against the
implied as the express promise, and is ns
binding in acourtof chancery as q court
OF law"
In the constituting Of a constitutional
provision, or statute, it is q fundamental
rule Of law that resort must be- had "a
the ordinary Specification Of the words
used, and the order and grammatical ar
rangement in which thoy are placed, and
il, when thus regarded, the worda EN-
body a definite meaning, and involve nc
absurdity or contradiction between The
different parts Of the instrument, ther
ouch meaning is the only one We are Al
liberty TO say was intended TO b con
, Veyed. The language Of the section nov
|, under consideration 10 clear and explicit
aud leaves no doubt as 70 it's meaning o
purpose. IL Q ordinary mind can grasl
Its adjudication. The object Of it
phraseology is to prohibit the mourning
I OF an Indebtedness in any name or 70
any purpose by any political or munich
r pal corporation, county, or subdivision
thereof, ia the territories Of the Unite,
States, in excess Of 4 per centum on ia,
| assessed valuation Of taxable propert.
within such corporation, county or sub
division, as Rscertained by the last as
3 sessment for territorial and county take
I previous to the mourning Of indebted
t ness, and all bonds or obligations Of an
kind or for any purpose in excess Of th
q limit are declared " be void. 1t is par
OF the organic law Of the territory, an.
Q the Legislature is without power to owe
!. ride IL. It virtually declares that th
i limit Of indebtedness prescribed shall i
mo manner or for any purpose be exceed
ed, and positively avows that ell exces
Q above the limit shall DO void. The az
' thoritles cited by me bear outthis intsI
probation and no other. When a law
= plain,and unambiguous, thero is no roor
. left for judicial construction. Cooley o.
' Const. Lam. 55 56. The words 4all bond
! or obligations in excess Of such aaaonn
4 given by such corporation shall be VOID.
4 must DO construed with the context q
o the section presiding The sentence quoI
cd. Bonds. as used here, have 9 we.
q understood and defined meaning 10 th
, financial centerB OF the country, Will
"obligatione" y q generic word, and n
1 cludes-all glasses Of indebtedness arisin
n out Of contract, express or implied, 9
well AZ all legal liabilities and dutie
, AS said by Barr, j., Ia Sintsr v. Carte
q AN. Rep. $50. It includes prOmissoE
8 notss or . mere acknowledgment Of Il
debtedness - well e. coupon bonds.
al The Legislative assembly OF New Ne
leo, bas, 10 IL wisdom, provided q 6ysteI
Of taxation to meet the current expel