4 F. 282 | U.S. Circuit Court for the District of Colorado | 1880
The case of Stebbins against the board of county commissioners is submitted, and at Judge Hallett’s request I have examined it, and pronounced tlie result. This is a suit on bonds issued by Pueblo county in aid of a rail
It is said, nevertheless, that the act of 1868, which authorized the counties to take stock in railroads, was wholly void, because this railroad was not organized according to the law as it then stood; but that act of 1868 was a continuing act— was not made with reference to this. There were railroad corporations then in existence to whom it might apply, and it would apply to any future railroad corporation properly organized. Therefore, that act of 1868 authorized the county of Pueblo to subscribe to the stock of a railroad properly organized in 1873; as it did at the time, 1874.
I think, therefore, all the objections taken to the bonds on account of the invalidity of the subscription are ineffectual; and as that is the only question, the demurrer will be sustained, and, plea held bad.
An appeal has been taken from this ruling to the United States supreme court.