Page:Federal Reporter, 1st Series, Volume 5.djvu/283

 LEWIS V. com'es OP SHBRMAN county. 271 �pose of being negotiated. But, sometime thereafter, the bonds were recalled by the county board, for what particular purpose does not appear. At what time or in what manner or for what particular purpose these bonds were afterwards turned loose on the market, is not shown ; nor does it make any particular difference in that regard. �It may be conceded, as a general proposition, that a "court- house" is a work of internai improvement ; but it may very well be questioned whether our internal-improvement law of the fifteenth of Pebruary, 1869, has any application to such a work of internai improvement. As early as the year 1856, the territorial legislature provided for the building of court-houses and jails, and made ample provision therefor. The same law has been in force almost ever since, and, with few slight changes, is the law to-day. When the internal-improvement law of 1869 was passed, it was well enough understood that it was passed for the express purpose of enabling counties, cities, and towns to vote aid to railroads and bridges, and Works of a kindred character. No one supposed it to be necessary to pass such a law to enable a county to build a court-house. Ample provision had already been made by law therefor. On the twenty-seventh of February, 1873, before these bonds were issued, the legislature re-enacted the old law, with slight changes, which authorized the building of court-houses, and it is believed to be the only general law which authorizes the expenditures of money for any such purpose. This law indicates pretty clearly the mode of pro- ceeding when it is necessary or desirable to build a court- house. �Section 14, p. 234, Gen. St. of Nebraska, has this pro- vision: "The board of county commissioners, at any meet- ing, shall have power * * * (3) to purchase sites for and to build and keep in repair county buildings; * * * (4) apportion and order the levying of taxes as- provided by law, and to borrow upon the credit of the county a sum suf- ficient for the erection of county buildings. * * *" "Sec- tion 15. The board of county commissioners shall not • * * borrow money for the purpose specified in the fourth sub- ����