WALNUT V. WADE, 103 U. S. 683 (1880)

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U.S. Supreme Court

Walnut v. Wade, 103 U.S. 683 (1880)

Walnut v. Wade

103 U.S. 683


1. A bill designated as "House Bill No. 231," and having for its title, "An Act to amend an act entitled An Act to incorporate the Illinois Grand Trunk Railway,'" regularly passed the House of Representatives of the General Assembly of Illinois. In its passage through the Senate, "Illinois" was dropped from the title, and in the message of the House to the Senate and of the Senate to the House, reporting its passage by those bodies respectively, "Illinois" was left out of the title, but the designation as House Bill, No. 231 was retained. The journals show no amendment to the title. The bill as above entitled was signed by the presiding officer of each House. The Constitution of Illinois then in force provides that

"Every bill shall be read on three different days in each House, . . . and every bill having passed both Houses shall be signed by the speakers of their respective Houses."

Held that the act was duly and constitutionally passed.

2. The word "inhabitants," where it occurs in the first section of the act, means legal voters.

3. After the voters of a town have, at an election held pursuant to that act, voted in favor of a donation to aid in the construction of a railroad, the supervisor and clerk are the proper authorities to subscribe for the stock of the railroad company and issue the bonds of the township therefor.

4. A bona fide holder of the bonds is not bound to look beyond their recitals and the legislative enactment under which they were issued.

5. The fact that the coupons are made payable at a particular place does not make it necessary to aver or prove a presentation of them for payment there.

6. Coupons bear interest from their maturity, and, when severed from the bonds, are negotiable, and pass by delivery.

The facts are stated in the opinion of the Court.


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