Page:Federal Reporter, 1st Series, Volume 4.djvu/292

 278 FEDERAL REFOBTEB. �corporations, and the bonds were issued by them separately. TJiere might be other reasons mentioned which might cause the city and county to sever in the issue of bonds; but enough, I think, bas been stated to show that it was not a violent or forced construction of this statute that the two corporations should issue bonds separately. Under ail the circumstances of the case, can the city of Springfield be allowed, at this time, even admitting that there was a doabt in relation to the point above considered, to come in and contest the valid- ity of these bonds, on the ground that they ought to bave been jointly issued with the county? It ought to be clear that such issue •was in violation of the statute, and that it was not competent for the city to exercise the powers it did. I think that is not the fact. �Many of the authorities which might be referred to -would apply to a case like this. These bonds were issued under this statute. The interest on them bas been paid, and their legality and validity never denied, for many years, and it would be hard on bona fide holders of these bonds to allow the city at this time to contest their validity. �As to the bonds given by the city called the water-works bonds, I bave, during the argument, adverted to the statute upon the subject, but will now briefly recur to it to show that these bonds are also valid. They were issued under a stat- ute of the state to incorporate the Springfield Water-worka Company. By this statute there was a special corporate power created, which was clothed with authority to do certain acts in connection with the administration of the municipal affairs of the town, but it was not intended this corporate power should be severed from the city of Springfield; it was to be a power of the city of Springfield, and to carry out, through a separate and distinct body, one of the objecta for which the city of Springfield was created as a corporation. It was so intended beoause it was supposed that a body of men specially selected with a view to their qualifications for such a duty, and having, to a certain extent, an independent authority, would be more competent to execute the powers which the legislature had in view when it passed this law. ����