Town of Pana v. Bowler
Decision Date | 05 March 1883 |
Citation | 27 L.Ed. 424,107 U.S. 529,2 S.Ct. 704 |
Parties | TOWN OF PANA v. BOWLER and another |
Court | U.S. Supreme Court |
This was an action of assumpsit brought by James H. Bowler and Isaac H. Merrill against the town of Pana, upon coupons cut from certain bonds issued by the town, dated June 23, 1873. The defendant pleaded the general issue, and the parties having waived a jury, submitted the case to the court upon the facts as well as the law. The court found the issues of fact for the plaintiffs, and rendered judgment in their favor for $7,272.02. This writ of error is brought by the defendant to review that judgment.
The parties made an agreed statement, and the court a special finding of facts. From these and the pleadings in the case the following facts appear:
On February 25, 1867, an act was passed by the Illinois legislature 'to incorporate the Illinois Southeastern Railway Company.' Sections 9 and 10 of this act declared as follows:
Afterwards, on February 24, 1869, another act was passed to amend the act to incorporate the Illinois Southeastern Railway Company, section 10 of which was as follows:
etc.
Afterwards the Springfield & Illinois Southeastern Railway Company, to which the bonds in question in this case were issued, was created by the consolidation of the Pana, Springfield & Northwestern Railroad Company and the Illinois Southeastern Railway Company. The consolidation was authorized by the charters of the two companies, and the new company succeeded to all the rights, franchises, and powers of the constituent companies. Harter v. Kernochan, 103 U. S. 562. In pursuance of section 10 of the said act of February 24, 1869, a petition was presented to the town clerk of Pana township to order an election to be held on April 30, 1870, to decide whether said township should donate to the Springfield & Illinois Southeastern Railway Company the sum of $100,000 in bonds, to fall due in twenty years, or, at the option of the township, in five years from this date, with interest at the rate of 8 per cent. per annum, payable semi-annually. On April 30, 1870, an election was held in said township, in pursuance of the petition, and a notice thereof given according to law. The meeting at which the election was held was called to order by the town clerk, and one J. W. Stark was, on motion, chosen moderator, and was sworn in by the town clerk and presided over the election. At the election thus held 438 votes were cast for and 24 against said donation. In the spring, summer, and fall of the year 1873, the supervisor and town clerk of said township, in pursuance of said election, and without any other authority of law than said election, and the charter and amendments above referred to, issued to the Springfield & Illinois Southeastern Railway Company 100 bonds of the township of Pana, of $1,000 each, payable and bearing interest according to the rate aforesaid. All the bonds were of like tenor and effect, except as to their number. The following is a copy of one of them:
'UNITED STATES OF AMERICA.
'STATE OF ILLINOIS, COUNTY OF CHRISTIAN.
'No. 6.] Pana Township. [$1,000.
'Eight per cent railroad bond. Registered by auditor of public accounts.
Principal and interest collected and paid by the treasurer of state of Illinois.
'Know all men by these presents that the township of Pana, in the county of Christian and state of Illinois, acknowledges itself indebted to the Springfield & Illinois Southeastern Railway Company, or bearer, in the sum of $1,000, with interest from the date hereof at the rate of 8 per cent. per annum, payable semi-annually on the first days of January and July of each year, at the agency of the state treasurer of the state of Illinois, in New York city, on the presentation and surrender of the respective interest coupons hereto attached. The principal of this bond shall be due and payable after 5 years and within 20 years of the date hereof, at the option of said township, at said agency in the city of New York.
'This bond is one of a series amounting to $100,000, issued by said township in compliance with the vote of the legal voters thereof at an election held on the thirtieth day of April, A. D. 1870, under and by virtue of the authority conferred by an act of the general assembly of the state of Illinois, entitled 'An act to incorporate the Illinois Southeastern Railway Company,' approved February 25, 1867, and an act amendatory thereof, approved February 24, 1869, and in accordance with the provisions of an act of said general assembly entitled 'An act to fund and provide for paying the railroad debts of counties cities, townships, and towns,' in force April 16, 1869. And for the payment of said sum of money and the accruing interest thereon, in the manner aforesaid, the faith of the said township of Pana is hereby irrevocably pledged, as as is also its property, revenue, and resources.
'In testimony whereof the said township of Pana has caused these presents to be signed by its supervisor and...
To continue reading
Request your trial-
Hughes County, S.D., v. Livingston
... ... 16 Wall. 6, 21 L.Ed. 272; Marcy v. Oswego Tp., 92 ... U.S. 637, 23 L.Ed. 748; Town of Coloma v. Eaves, 92 ... U.S. 484, 23 L.Ed. 579; Moultrie Co. v. Rockingham ... Ten-Cent Sav ... 202, 24 L.Ed. 110; ... Warren Co. v. Marcy, 97 U.S. 96, 24 L.Ed. 977; ... Pana v. Bowler, 107 U.S. 529, 2 Sup.Ct. 704, 27 ... L.Ed. 424; Oregon v. Jennings, 119 U.S. 74, 7 ... ...
-
Independent School Dist. of Sioux City v. Rew
... ... 6, 21 L.Ed ... 272; March v. Oswego Tp., 92 U.S. 637, 23 L.Ed. 748; ... Town of Coloma v. Eaves, 92 U.S. 104, 24 L.Ed. 46; ... Commissioners v. Clark, 94 U.S. 278, 24 L.Ed ... 202, 24 L.Ed. 110; ... Warren Co. v. Marcy, 97 U.S. 96, 24 L.Ed. 977; ... Town of Pana v. Bowler, 107 U.S. 529, 2 Sup.Ct. 704, ... 27 L.Ed. 424; Town of Oregon v. Jennings, 119 U.S ... ...
-
Lucas v. City of Nampa
... ... Allen, 58 Miss ... 143; City of Anthony v. State, 49 Kan. 246, 30 P ... 488; Pana v. Bowler, 107 U.S. 529, 2 S.Ct. 704, 27 ... L.Ed. 424; Brooklyn v. Aetna Life Ins. Co., 9 Otto, ... 801; Stallcup v. Tacoma, 13 Wash. 141, 42 P ... 541; Hope v. Mayor, 72 Ga. 246; Ramsey v. Town ... of Marble Rock, 123 Iowa 7, 98 N.W. 134; Graham v ... Minneapolis, 40 Minn. 436, 42 N.W ... ...
-
N. & G. Taylor Co. v. Anderson
...268 U. S. 458, 463, 45 S. Ct. 543, 69 L. Ed. 1050, this decision is again referred to approvingly, and also in Pana v. Bowler, 107 U. S. 529, 2 S. Ct. 704, 27 L. Ed. 424, we find another statement of the rule with its limitations: "Where the construction of a state Constitution or law has b......