Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1897-02-18

"NNh'"S w uohV WituOue tuSh SoucS"
These forms are all the protection th
taxpayer has, and it is only by insis
ing on an observance OF these forms
as a condition of valid action, tbs
any security is afforded to him.
they are to be frittered away by judi
cial sanction, it were better to dis
pense with them altogether, and Civ
the authority to the mayor and cit
council to act without the delay, an,
without limitation.
Section | Of chapter so, laws 0
1879, authorizes and empowers ever,
city OF the second class to compromis
and refund its matured and matur
ing Indebtedness Of every kind ant
description whatsoever, upon sucl
terms as can be agreed upon, and is
sue new bonds with semi-annual in
terest coupons attached in payment
for any sums so compromised; which
bonds shall be issued at not less thar
par, shall not be for a longer period
than thirty years, shall not exceed in
amount the actual amount of out.
standing Indebtedness, and shall not
draw greater interest than six per
cent. per annum.
Section 2 provides that such bonds
issued by any city shall be signed by
the mayor and attested by the city
clerk under the seal Of the city.
Section 8 is as follows: "When a
compromise has been agreed upon, it
shall be the duty Of the proper officers
to issue bonds at the rate agreed upon
to the holder Of such Indebtedness, in
the manner prescribed in this act; no
bonds shall be issued under this act
until the proper evidence of the in.
debtedness for which the same are to
be issued shall be delivered up for
cancellation: Provided, that no COM
promise by any township or school
district shall be Of any validity I'M
less assented to by the legal voters Of
such township or school district, at
an election or school meeting called
for that purpose, Of which election or
school meeting at least ten days no.
tice shall be given"
The act of the legislature is silent
As to the method of carrying into e.
'ect the powers conferred by it on a
city of the second class. The act
simply states that the city is author
zed and empowered as a municipal
to issue refunding bonds
under the conditions named in the
lct, and that it shall be the duty of
The proper officers toissue such bonds.
We are therefore compelled to look
o other statutes to ascertain how and
n what manner this power shall be
Exercised.
Section 5, article /, laws of 1889,
provides that, "The powers granted
o and conferred upon cities of the
econd class shall be exercised by the
mayor and council of such cities, as
provided by law"
Section 4, chapter 81, laws of 1876,
nder the title Funding Bonds"
eads as follows: "Before any of the
onds authorized by this act shall
e issued, an ordinance of the city |
hall be duly passed providing for the
lsurance and exchange or sale of said
onds: and said bonds and said cou-
ons when issued shall be signed by |
ne mayor and city clerk, and shall
ave the seal of the city attached
This last section of the statute d.
,cts that funding bonds shall be is
led only after an ordinance shall
ave been duly passed. 1t is true
lat the bonds sued on in this action
ere issued under a later act of the
gislature, but the fact that the act of
'79 fails to provide for the manner
which the bonds shall be issued
Uses the presumption that the legis-
ture considered the laws then in
rec sufficient for that purpose, and
r that reason made no further pro-
sion on that subject. 1t cannot be
aimed that the legislature intended
confer upon the mayor and city
uncil of the city absolute and un-
nited authority to determine the
mount Of Indebtedness against the
W, and to create a bonded liability