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U.S. Supreme Court

County of Leavenworth v. Barnes, 94 U.S. 70 (1876)

County of Leavenworth v. Barnes

94 U.S. 70


1. This Court adopts the decision of the Supreme Court of Kansas, affirming the validity and binding effect of an act of the legislature of that state, approved Feb. 10, 1865, entitled "An Act to authorize counties and cities to issue bonds to railroad companies," although the yeas and nays were not called and entered on the journals of the respective houses on the final passage of the bill, and the enrolled bill was not signed by the presiding officer of the senate.

2. Where the question of subscribing to the stock of a railroad company was, prior to the passage of that act, duly submitted to the qualified voters of the county, who voted to subscribe stock and issue bonds therefor, the board of county commissioners was, by that act, authorized to make the subscription, and issue bonds not exceeding the amount provided in the first and third sections thereof.

3. The bonds issued by the County of Leavenworth, Kansas, bearing date July 1, 1865, and reciting that they are issued in payment of the subscription of said county to the capital stock of the Leavenworth and Missouri-Pacific Railroad Company, under the provisions of the act of the Legislature of Kansas, entitled "An Act to authorize counties and cities to issue bonds to railroad companies," approved Feb. 10, 1865, are, in the hands of a bona fide holder for value, valid and binding upon the country.

The facts are stated in the opinion of the Court.

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