Page:Federal Reporter, 1st Series, Volume 5.djvu/284

 272 FBDBEAIi RBPOBTBR. �division of the preceding section without first having Bubmit- ted the question * * * of borrowing money as aforesaid to a vote of the electors of the county. " Other provisions of the law perfect the details of the business to be transacted by the commiesioners in connection with the voting and borrow- ing money. �It will be eeen, from the foregoing, that before the commis - sioners can lawfully borrow money for the purpose of build- ing a court-house the right and authority to do so must be conferred by a vote of, the electors of the county. This is indispensable, as no right for such purpose exista without it. It must be observed that the authority here conferred on the county commissioners is to borrow money to build a court- house. The law does net authorize the people to vote bonds to erect the building. They may, by their votes, lawfully empower the commissioners to borrow money for the purpose in question, but they cannot authorize the commissioners to issue bonds for such a purpose, and have them hawked around the county and sold to A., B., and C. to raise money at a ruinons discount for any such a purpose. �It is one thing to authorize the borrowing of money to build a court-house when needed, but it is another and very differ- ent thing to vote for the issuing of bonds therefor, wben the law does not authorize it. It is true, if the people, by a proper vote, should authorize the commissioners to borrow money, that, on receiving the money, a bond or other evi- dence of indebtedness might be given for the payment of the money when due under the terms of the loan. This would, perhaps, foUow as an incident to the right to borrow. But, even then, the amount of money so boi-rowed should equal the amount for which the bond was given, otherwise there would be no end to the fraudulent practices of both officers and purchasers of bonds. Such a practice cannot be encouraged, and it is the duty of courts to close the doors against it. If, then, the law does not authorize the voting of bonds for any such a purpose as building a court-fiouse, then the authority to borrow money cannot be.enlarged by the commissioners or the people so as to include the rigth te ����