Eddy v. Nolen
| Decision Date | 26 January 1889 |
| Citation | 127 Ill. 428,20 N.E. 83 |
| Parties | EDDY v. PEOPLE ex rel. NOLEN, Collector. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Appeal from county court, Gallatin county; E. D. YOUNGBLOOD, Judge.
Proceeding by the people on the relation of Joseph F. Nolen, ex officio collector of Gallatin county, against Frank M. Eddy, to enforce the collection of a tax. Judgment for plaintiff, and defendant appeals.
Carl Roedel, for appellant.
This appeal is from a judgment of the county court of Gallatin county against a city lot for delinquent taxes for the payment of the interest claimed to be due upon bonds issued by the city of Shawneetown in aid of a subscription to the capital stock of the St. Louis & Southeastern Railway Company.
The question whether the city of Shawneetown should subscribe for $25,000 of the capital stock of the St. Louis & Southeastern Railway Company upon these conditions, namely: ‘(1) Subscription to be for $25,000 of the stock of said company, payable in bonds at par, and bearing 8 per cent. interest, payable semi-annually; (2) said bonds to be delivered to said company when said railway should be completed to the Illinois C. R. R., and a train of cars have run thereon; (3) said railroad to be completed in Gallatin county on or before 1st of October, 1870, or the subscription to be void,’-was submitted to the decision of the legal voters of the city of Shawneetown, at an election held for that purpose on the 26th of July, 1869, and was decided in the affirmative by a majority of the votes cast at that election. The subscription was thereafter made, subject to the conditions.
On the 21st of September, 1870, the city council of the city of Shawneetown adopted an order changing the time for the completion of the railway in Gallatin county, and extending it until the 1st of January, 1871. The bonds were issued in February, 1872, and thus, having been issued since the present constitution took effect, which was July 2, 1870, the burden is upon those affirming their validity to show that they were lawfully issued, pursuant to a vote of the people had before that time. Town of Prairie v. Lloyd, 97 Ill. 179.
When the election authorizing the issuing of these bonds was held it was competent for the city to prescribe the conditions upon which its subscription should be made; and bonds issued in aid of such subscription are not valid and binding until the condition shall be complied with, (see section 18, c. 113, 2 Starr & C. St. p....
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