Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1901-08-15
United States Supreme
Court has Been Asked
to Decide Before
Collecting. An
Expensive
Way!
A letter from ]. Nj. Martin, the
Trust Company's Attorney,
Explains it's Position
in the Matter.
Another Election CaIIed.--Be
Sure to Get Out and Vote
the Bigger the Vote
the Greater the
Price.

The City Of Webster has held two
elections this year TO sell bonds TO put
In a system of water works, but at each
election there has been some slight
error that has made people with money
sufficient to invest i'll bonds, deny the
legality Of the bonds issued under the
said proceedings, aud refuse to buy
them. The letter we print today shows
how slight is the objection, aud at
the first impression would seem almost
too trivial for consideration. But the
monied people and corporations of the
east, making a business of buying
securities of this kind, have had consid-
cradle trouble in realizing upon the
bonds of some cities of this state pur-
chased by them and several cases have
had to be contested through the
United States supreme court. Court
decisions, and we can t~ruthfully say,
especially those of the higher courts,
are often based upon what seem to those
outside Of the legal profession mere
trivialities. And it is also true that so
much litigation over the bonds of some
cities of South Dakota have given a bad
name to the bonds of all the cities of
this state.
We cannot blame the bond buyers for
taking every %precaution. Nor can any
blame attach TO our city authorities.
This is their first experience in bond
issuing and they do not know all of the
technical points and therefore could not
cover them.
The authorities have called for
another election and hope to all
possible objections.
The letter is as follows:
OFFICE OF THE MINNESOTA LOAN AND
TRUST COMPANY, MINNEAPOLIS, MIME
sofa, AUGUST ., 1901.--MR. WILLIAMS,
CITY TREASURER, CARE OF FARMERS
AND MERCHANTS BANK, WEBSTER, S. ID.
DEAR SR:-At the suggestion of our
Mr.: burst, / wrote you in regard TO the
proposed bond issue of'$25,00 l have
before me simply the sample of the
BALLOT used at the election. This ballot
is in due form in my opinion with two
exceptions:
Frst:-The purpose for which bonds
are to be issued is stated TO be, ''The
purpose of providing water for the City
of Webster, Day County, South Dakota
for DOMESTIC USE"
Second:-It does not conform with
the provisions of the statute which pro-
vides that the words yes and mo at
the left Of the ballot shall be Each
preceded by a SQUARE wherein the voter
can place a O before the word, " etc.;
this was not followed.
AS to the purpose which the bonds are
to be issued it is TO be noted that the
constitution provides expressly that
bonds may be issued, For the purpose
of providing water for irrigation AND
domestic uses" The statute, chapter
SO laws of 1901 contains the same
language in title and throughout,
except in two places in Section 3, when
''or" is used in place Of the word and
1t, however, expressly provides that
there shall be submitted 10 the electors
the question and the vote of the people
shall be taken upon the question OF
mourning indebtedness and issuing
bonds, Scr the purpose of procuring
water for irrigation M domestic uses.
1t further provides that the notice of
election published and the ballots used
at election shall state the purpose for
which they are TO be used, etc. 1t
follows that in this case the people have
only voted upon n of the questions
that is they only determined al to the
domestic use. WHAT this term may