State v. Harris

• Citation: 8 S.W. 794,96 Mo. 29
• Parties: STATE ex rel. QUINCY, M. & P. R. CO. v. HARRIS et al., Judges.
• Decision Date: 18 June 1888
• Court: United States State Supreme Court of Missouri

8 S.W. 794

96 Mo. 29

STATE ex rel. QUINCY, M. & P. R. CO. v. HARRIS et al., Judges.

Supreme Court of Missouri.

June 18, 1888.

RAILROAD COMPANIES — MUNICIPAL AID — VOTE — CONSTITUTIONAL LAW.

Under Const. Mo. 1865, and Gen. St. Mo. 1865, § 17, authorizing county courts to subscribe stock to railroads upon two-thirds of the qualified voters of the county voting therefor, two-thirds of the qualified voters as shown by the registration books is meant, and not two-thirds of those actually voting; and, where two-thirds of the registered voters do not vote in favor of the proposition, the order of the county court subscribing for the stock is without authority.

Error to circuit court, Sullivan county; G. D. BURGESS, Judge.

Proceeding by mandamus, by the state ex rel. Quincy, Missouri & Pacific Railroad Company, against Anderson W. Harris, George T. Todd, and Thomas Montgomery, judges of the county court of Sullivan county. Judgment for defendants, and plaintiff brings error.

John P. Butler, (Edward McCabe, of counsel,) for plaintiff in error. A. W. Mullins, for defendants in error.

NORTON, C. J.

This is a proceeding by mandamus to compel the judges of the county court of Sullivan county to issue $80,000 of bonds to the Quincy, Missouri & Pacific Railroad Company, upon the trial of which judgment was rendered for defendants, from which plaintiff has prosecuted a writ of error. The record discloses the following facts: That the Quincy, Missouri & Pacific Railroad Company was, on the 29th of June, 1869, duly incorporated, under the laws of this state, for the purpose of building and operating a railroad from West Quincy, on the Mississippi river, in Marion county, to a point on the Missouri river in Atchison county, Mo., opposite the city of Brownsville, Neb.; that on the 22d of December, 1869, the county court of Sullivan county made an order that an election be held at the usual voting places in said county on the 22d of February, 1870, for the purpose of ascertaining whether two-thirds of the qualified voters of said county of Sullivan would assent to a subscription of $200,000 to the capital stock of said company, subject to certain conditions, among which are the following: "Said railroad to be located and constructed through said Sullivan county from east to west on a line as near through the center of said county as practicable; said subscription to be paid to said company * * * in the bonds of the county at par; * * * and that whenever said railroad company shall have surveyed and permanently located said road continuously through the state of Missouri from West Quincy, in Marion county, * * * to some point on the Missouri river opposite or near Brownsville, in the state of Nebraska, and should have continuously graded, bridged, and tied six miles of said railroad within Sullivan county upon the line * * * designated, then said county of Sullivan, by its county court, would issue and deliver to * * * said railroad company its bonds, in payment of such subscription, to the amount of $40,000; and, for each additional section of six miles so continuously graded, bridged, and tied within said county of Sullivan, said county would issue and deliver to the company an additional sum of $40,000 in the bonds of said county, as aforesaid, till the whole subscription of $200,000 should be paid." It further appears that, in pursuance of law, a special registration of the qualified voters of said county who had become such since the last general registration, and subsequent special registrations, of the qualified voters of said county, made prior thereto, was had and held in the various municipal townships of said county prior to the holding of such special election; that at said special election, according to the official canvass thereof, 1,049 votes were cast in favor of the proposed subscription, and 257...