Page:Federal Reporter, 1st Series, Volume 5.djvu/571

 LONO V. OITT OF NEW LONDON. 659 �tinue to levy annually the one-twentieth and the one-half ot 1 per cent., sucb being the estent of its power, ont of which the warrants issued must be paid. �The writ inay issue in aceordance with the views here^ expressed. ���LoNO V. The Citi of New London. [(Jir(m.t Court, E. D. Wiaconsin. Decemlier 23, 1880.) �1. MninciPAii Bonds— AcT Atjthokizing Issue— Subsequent Incoe- �■ POKATION OP MUNICIPAMTT — PbIVATE AND LOCAL IiAWS OS" WlS- �CONSIN FOR 1867, c. 93, § 1. �An act of the legislature of the state of Wisconsin authorized any incorporated city or village, in any county through any portion of ■which any part of the Green Bay & Lake Pepin Railway should run, to issue and deliver honds in aceordance with the terms of the act. Edd, that such act was applicable to any city or village which had been subsequently incorporated, and which had issued its bonds in aceordance with the terms of the statute. �2. Same— Chakter — Repeal. �HddjfurtJier, that the legislative intentmust be clearly manifcsted, by the terms of its cliarter, in order to preçlude any city or village from the operation of such act. ' �3. BAME — CONBTITtITIONAI, RESTRICTION OP PoWER DP MUNICIPALITT — �Constitution of Wisconsin, art. 11, § 3. �Such act further provided that any such city or village might issue bonds to said railway company " for such sum or sums, at such rate of interest, transferable by general or special indorsement, or by de- livery, and in such manner as might be agreed upon by and between the directors of said railway company and the proper offlcers of such satisfled the requirement of the constitution of the state in relation tO' the restriction of the power of municipal corporations to contract debts and loan their credit. — [Ed. �Demurrer to Complaint. �Finches, Lynde e Miller, for plaintiff. �Mr. Patchin and C. W. Felker, for defendant. �Dybr, D. J. This is a suit upon municipal bonds, issued by the village of New London, March 11, 1872, in aid of the Green Bay & Lake Pepin Railway, and upon which no ques- ����
 * « * incorporated city or village." Hela, that this provision