Rensselaer Union, Volume 3, Number 30, Rensselaer, Jasper County, 20 April 1871 — The Railroad Decision. [ARTICLE]

The Railroad Decision.

On the 12th inst. the Supreme Court rendered a decision in the I ease of the Lafayette, Mimeie it Bloomington Railroad Company, and Andrew J. Cnstnlcr, Auditor nf Tippccnnoc county, r*. Frederick Geiger. The facts in the case are briefly these: On ihc 20th day of July, 1800, a petition was presented to the Board of Commissioners of Tippecanoe county asking an appropriation of $073,000 to , nid in tlte construction of said rail road. An ehetion was ordoiied whit'li resulted “For the appropriation” 3,*53. “Against the appropriation” 2,104. At the regular Juno session of the Board, 18*u, an order was made levying a tax of one-half of the appropriation asked for, and the Auditor was directed to assess and apportion the same

on the tax duplicate. Geiger the ; owner of real 'and personal property to tho r.nsonit of 5*20,000, sued out j an injunction before Judge Lalttic, j of the Tippecanoe Common Fleas 1 Court, The complaint alleges that! the tax is wrongful and oppressive-, and ought not to be collected for the following reasons: j. That suit! act i uneonst-itutioiial 411!,1 Vniil. J 2. That Hue proceed ft ig-of the ('Olll- - in ordering the vole and levying the tax were unouthorized and void. 3. Thai the jietHion of the -freeholders niiel the procoi dings of the Coin- j inissioners in reference! thereto and of j those acting under them lire defective : and irregular in this, to-\\ it: (o) Because the prayer of the peti- i tieH was in llie niUriratfve (i. e. for a J dnnntfon or for talking stock), which it was impossible! to grant in terms asked. 0‘) Uecpusc if the jK-tition was correct, the- jiropositioii should have Iteeui submitted to the voters in the alternative, so as to leave the Commissioners free afterwards to determine the mode etf appropriation. (e) Because tile Inspectors of two voting pivemetswere not present, ami did not participate in thoqiroeecdings of the Board of Canvassers, nor were the voles east .-.UIuA .precincts canvassed hy the Board. (d, Because the simple quesiion puhniitted to the voters was whether the Board should lake stock in the. railroad company. (r) Because the ConiinissyiDcrs instead of taking the petition under advisement, determined, prior to the taking of llie vote, that they would take stock in the company.

f/i Because instead of taking the petition under advisement, the Commissioners determined to take stock, and then merely submitted to the voters the question of whether they* ' would or would not ratify their action. ;y; Because the notices required by statute were not riven, hut tiiat the notices merely submitted the question of taking stock. (A) Because of the changing of the voting places in Fairfield township ho valid notices were given of the time nnd plaocs at which the {-oils would be opened In the county \.aud especially in that township,-*, for the reception of votes upon the question of the railroad appropriation. li) Because-.trie vote of Fairfield township was cast at the places designated by the Commissioners in their order of August 26, Foil, of which no hotice was given, instead of the usualplaces theretofore established. A general demurrer to tho complaint was filed and overruled and exceptions taken, and the railroad company refusing to answer further, a perpetual injunction was granted. After quoting voluminous authority as to the right of the legislature to pass a law authorizing counties and townships to vote appropriations to railroad companies, and other corporations ot puWicr benefit the court says: Section G of article 10 of our State Constitution expressly prohibits a county from borrowing money to pay for stock subscribed for.by such county, consequently so much of the above opinion as declares the right of a county to borrow money will not apply in this State. The fourteenth section of the act in question provides that said Board of Commissioners may after the assessment herein provided for or any part thereof, shall have been collected, take stock in such railroad company time, in the name of the proper county or township, as tlto case may he, and pay therefor, when the same is taken, out of the- money so collected as aforesaid, etc. Now it is, plain from the above quoted provisions, that tills act was not intended to hind a county for a dollar until the money slial be in the treasury from the special tax levied to pay for the stock, and no subscription is authorized to I,e made until that time. This complies with tho plain and undoubted requirements of the Constitution. When the money is in the treasury, there is no limitation or restriction contained in the sixth section. We, therefore, hold, that the General Assembly possessed the power under the Constitution to authorize counties to subscribe for stock in a railroad company, on the express condition that the stock is paid ior in money at the time when the subscription is made, and tiiat the means provided in the said act to raise tliemoney, with which to pay for said stock now appropriate, plainly, conduced to the end proposed, were not prohibited by the Constitution, and were not inconsistent with the letter or j spiritoCtlifc Constitution. ' The case under consideration involves the right of a county to make subscriptions to a railroad.' We only decide the real question involved iri the ease. There are other cases penfling in this court involving'the right of counties to make donations to railroad companies. As to these cases we withhold the expression of any opinion. If the tax assessed is equal and uniform in thescouuty where assessed it . will be in strict accordance with the requirements of the Constitution. — We, therefore, hold that tlie law in qaeattmi i* not in conflict with any provision of our Constitution.

Upon the question of irregularities in the election the court Rays: Tho vote polled was a large one.— The majority of the voter-cast was about six hundred. The votes east for the appropriation did not fall much short of a majority of all the legal votes in the county. Under such circumstances we cannot hold the election void for mere irregularities that lit no manner affected the result. In doing so we would perpetrate a great wrong. ~ The judgment was reversed vsith ensls ninth lie cause remanded with directions to. the court below to sustain the demurrer and dissolve the injunction.

The business men of Rensselaer and the people whose interests center here should be prepared to urge upon tiic officers of the New York Western ollailway Company the feasibility and propriety of commencing the work of track laying <ui their line in Indiana at Francosvll io and working to this place this summer. We ought to have that "much of the road completed this fall in season to ship <Tur surplus grain. As we figure it this short section can lie made to pay SIO,OOO or $15,00,0 clear of tho expense of running it, the first season. That is the big argument to them, of course. Our friends are so well posted tiiat it is hardly worth while for us to say why they should be interested in the matter, but \vc will enumerate a few reasons: Ist. We want thd road for convenience in traveling to and from the place. 2d. For its shipping facilities—so that we may be enabled to import such manufactured goods as we consume, at a less cost. !So That we may send oil* our surplus with less expense. 3d. For thq, increased trade it will bring us. 4th. For the increased value it will add to our farms, town lots, buildings and all kinds of real estate, by making a market and demand for it.

51.1 i.. For. the . increase of immigration to settle upon and bring into cultivation the wild lands tiiat lie in the vicinityGth. In order that we may obtain lumber, brick, stone and other building material at prices that will enable us to erect comfortablo houses for our families, more commodious: stores and business offices, better foiiccx on our fartns. better barns for our stock and better bridges over our streams. 7th. We want the railroad built fur the thousand advantages it brings. "We want it completed this fall so that we may know that we have it and can prepare to live in this most beautiful part of Indiana. Let everybody then unite in one grand effort to do what he can to aid this enterprise, and push things , not halting to inquire what our neighbors are doing, but devoting our energies exclusively to ascertaining how much we can do ourselves, each individual of us. Come, altogether now, for the next ninety days. i ... lion. J. 11. Platt sends us Senator Harlan’s speech upon the President and San Domingo for which we return thanks.