241 F. 450 | 8th Cir. | 1917
The plaintiffs sued the city of Pierre, South Dakota, upon its warrants aggregating $15,000, which purported on their faces to have been issued for public improvements. The city answered: (1) That the warrants were not issued for public improvements, but that they were issued without any consideration received by the city to enable a committee to conduct a campaign to induce the voters in the state of South Dakota to vote to establish the capital of that state at Pierre; (2) that no annual appropriation and no provision for an annual tax to pay the principal and interest on these warrants, as required by statute, had been made by the city before the warrants were issued; and (3) that before and at the lime of their issue the indebtedness of the city exceeded its constitutional and statutory limitation. The court below, before which the case was tried without
The warrants were in this form:
$1000.00
Pierre, So. Dak. July 29, 1890.
City Treasurer of the City of Pierre
of
Pierre Incorporated
Will pay to tlie order of Ooe I. Crawford one thousand dollars. Payable out of general fund — for public improvements,
B. J. Templeton, Mayor.
1883
Countersigned: H. E. Dewey, City Auditor.
No. 3614.
At the trial the plaintiffs introduced the warrants in evidence and proved that they were indorsed by Coe I. Crawford, without recourse; that the plaintiffs purchased them of the National Bank of Commerce of Pierre on August 8, 1890, for value, without notice of their invalidity or of any defect in them; that the city paid the interest on them until some time in the year 1895, but that nothing has been paid upon them since.
The argument of counsel for the plaintiffs is that the city had the right and power to issue the warrants for public improvements; that the members of the city council and all the city officers knowingly issued them for a purpose:, beyond the powers of the city; that is to say, to raise money for the campaign committee to enable it to induce the voters of the state to elect the city of Pierre the capital of the state;
This has been the law oí municipal and quasi municipal warrants at least ever since Mr. Justice Bradley, delivering the opinion of the Supreme Court in Mayor v. Ray, 19 Wall. (86 U. S.) 477, 478 (22 L. Ed. 1127) in the year 1873, said:
“Touchers for money due, certificates of indebtedness for services rendered or for property furnished for the uses of the city, orders or drafts drawn by one city officer upon another, or any other device of the kind, used for liquidating' the amounts legitimately due to public creditors, are, of course, necessary instruments for carrying on the machinery of municipal administration, and for anticipating the collection of taxes. But to invest such documents with the character and incidents of commercial paper, so as to render them in the hands of bona lido holders absolute obligations to pay, however irregularly or fraudulently issued, is an abuse of their true character and purpose. * 9 9
‘■Where the power is clearly given, and securities have been issued in conformity therewith, they will stand on the same basis and be entitled to the same privileges as pul die securities and commercial paper generally.
*454 “But where the power has not been given, parties must take municipal orders, drafts, certificates, and other documents of the sort at their peril. Custom and usage may have so far assimilated them to regular commercial paper as to make them negotiable; that is, transferable by delivery or indorsement. This quality renders them more convenient for the purposes of the holder, and has, undoubtedly, led to the idea so frequently, but, as we think, erroneously, entertained, that they are invested with that other characteristic of commercial paper, freedom from all legal and equitable defenses in the hands of a bona fide holder. But every holder of a city order or certificate knows, that to be valid and genuine at all, it must have been issued as a voucher for city indebtedness. It could not be lawfully issued for any other purpose. He must take it, therefore, subject to the risk that it has been lawfully and properly issued. His claim to be a bona fide holder will always be subject to this qualification. The face of the paper itself is notice to him that its validity depends upon the regularity of its issue. The officers of the city have no authority to issue it for any illegal or improper purpose, and their acts cannot create an estoppel against the city itself, its taxpayers, or people. Persons receiving it from them know whether it is issued, and whether they receive it, for a proper purpose and a proper consideration. Of course they are affected by the absence of these essential ingredients; and all subsequent holders take cum onere, and are affected by the same defect.
“We consider these principles to be so sound and fundamental as to make it a matter of some surprise that a different view should have been taken by some jurists of eminent ability.”
The judgment below is accordingly affirmed.