Page:Federal Reporter, 1st Series, Volume 5.djvu/278

 2G6 TEDERAL REPORTER, �The statute under which the subscription waa macle, in so far as it is necessary to be quoted, is as follows : �"That any county or city in the state of Nebraska is hereby authorized to issue bonds to aid in the construction of any rail- road, or other work of internai improvement, to an amount to be determined by the county commissioners for such count}' or city, not exceeding 10 per cent, of the assessed valuation of ail taxable property in said county or city: provided, the county commissioners or city eouncil shall first submit the question of the issue of such bonds to a vote of the legal voters of said county or city, in the manner provided by chapter 9 of the Eevised Statutes of the state of Nebraska for submitting to the people of a county the question of bor- rowing money. * • * �"Any precinct, in any organized county in this state, shall have the privilege of voting to aid works of internai improve- ment, and be entitled to ail the privileges conferred upon counties and cities by the provisions of this act, and in such case the commissioners shall issue special bonds for such precinct, and a tax to pay the same shall be levied upon the property within the bounds of such precinct. Such precinct bonds shall be the same as other bonds, but shall contain a statement showing the special nature of such bonds." �The plaintiff sues as bearer and owner of the bonds in question, and avers that he is bona fide purchaser of the same before maturity. �E. G. (& W. G. Larned and J. G. Grawford, for plaintiff. �U. Pruner, for defendant. - McCrart, g. J., [nrally.) Upon the consideration of the demurrer to the amended petition, the foUowing questions have been discussed by counsel: "First, whether West Point precinct, of the county of Cuming, state of Nebraska, is a corporate body and citizen of Nebraska, capable of being sued in this court; second, whether, under the act (a the general assembly of Nebraska of February 15, 1869, the material portion of -which is set out in the foregoing state- ment, said precinct of West Point had power to issue bonds eued on to aid in improving the vrater-power in the Elkhorn ����