Page:Federal Reporter, 1st Series, Volume 5.djvu/287

 BBOWN V. com'bs ov shbbman countt. S7& �DuNDT, D. J. Suit is brought on ordinary county orders, or warrants drawn on the county treasurer, to the amount of $3,000. The orders were drawn on the ninth day of July, 1874, and were presented to the county treasurer, and pay- ment thereof demanded, and indorsed not paid for want of fuuds, on the eleventh day of July, 1874. Judgment is de- manded for $3,000, with intereat at 10 per cent, par annum from July 11, 1874. �The building of a court-house usually involvea the necessity for an extraordinary outlay of money, and the necessity of resorting to an extraordinary remedy to raise money and sup- ply Ihe funds to pay therefor. The ordinary county revenue is usually insufficient, even if available, therefor. And, wben it becomes necessary to build a court-house for the conven- ience of a county, there is a well-known method provided by law for. raising the funds and authorizing the work to be done. Sections 14, 15, 16, 17, 18, 19, 20, 21, 22, c. 13, pp. 234, 235, 236, Gen. St. of Nebraska, fuUy cxplain the modus operandi. A county cannot well build a $10,000 court- house with an empty treasury and bankrupt in credit to com- mence with. When it is undertaken, disaster usually over- takes the enterprise, as it did in this instance, Now I must hold that, when a county desires to build a court-house, if it has not on hands a sufficient fund which can be applied in payment for such a purpose without doing violence to princi- ple, it must firat submit a proposition to the qualified voters of the county, to get permission to inaar svich extraorclinary indebledness, and for authority to resort to the extraordinary remedy provided for raising the necessary and appropriate funds therefor. This was not done. Without such authority the commissioners could not lawlully contract for the erection of such a building, and without such action on the part of the electors of the county the commissioners were powerless to proceed, however much the building may bave been needed. As authority for making such an appropriation of money w as wanting, there was no rightful authority for issuing the war- rants Bued on. As both acts were wanting in lawful authority ����