Page:Federal Reporter, 1st Series, Volume 4.djvu/295

 POBTSMOUTH SAV. BANK ». CITÏ OB' 8PRINGFEELD. 281 �their duty, "whether the construction of school-houses, the payment of the salaries of teachers, the improvement . of Btreets, the building of sewers or bridges* The charter doea not limit the power of the city to borrow money to any par- ticular purpose. It does not say that they shall borrow naoney for this purpose or that only. The clear, reasonable construction of the charter is that the city authorities shall have the right to borrow money for any legitimate purpose, in connection with the authority vested in them by the charter itself. Therefore, I can have no doubt that it was perfectly proper for the authorities to expeud money, and to borrow for the purpose of paying for such expenditures; as, for instance, building a Bchool-house of any grade, or making sewers, for such purposes are certainly within the ordinary municipal duties of a city council. The fact that the charter authorizes the city to impose taxes for the construction of school-houses, or sewers, or for the improvement of streets, does not take away the powers of the city also to borrow money for those purposes, and the power to issue bonds still exists, notwith standing the right to impose taxes for the pur- pose of building a school-house or constructing sewers. �As to the railroad bonds, I do not see how their validity can be successfuUy contested. There was authority given to make the subscription, and it was made, and bonds were issued and stock obtained, and, in some instances, voted for, as the proof shows. And as to the necessity, in some of the cases, for a vote by the people in respect to the re-issue of bonds, I do not see that that was necessary, for, it being once admitted that the city authorities had the power to issue these bonds, that, undoubtedly, carried with it the authority to renew the bonds, or to take them np and supply their place with other bonds ; and I do not think it can be expected that those -who took bonds under such circumstances — that is, re-issued bonds — can be required to look into ail the details connected with the manner in which the old bonds had been taken up and the new ones issued. It may be that there were irregularities connected with the issue of new bonds. I am not saying that there were, but suppose that there were. ����