Page:Federal Reporter, 1st Series, Volume 5.djvu/572

 660 FED£Bi.Ii-BI!FOBTEB. �tion is made as to the liability of the defendant city, if the bonds were valid obligations against the village. The amount of the bonds and coupons in suit is about $6,500, besides interest. The complaint is demurred to, and two grounda of demurrer are urged — First, that the aet of the legislature of this state under which the bonds were issued did nofc apply to the village of New London, nor authorize that municipality to issue bonds in aid of a railroad ; second, that the act under ■which the bonds were issued is unconstitutional and void, and hence that it conferred no power to issue the bonds. �The complaint is in the usual form, except that in each count the bond counted on is set out in hœc verha. No ques- tion is made that the railroad, to aid in the construction of which the bonds were issued, was duly located to run through the county in which the village (now city) of New London is situated, and bas been so constructed. The act of the legis- lature under which the bonds were issued is chapter 93 of Pri- vate and Local Laws of Wisconsin for 1867, and to distinguish it from other statutes important to notice it may be designated as the "Enabling Act." No objection is made to the bonds in, respect to their terms, form, and mode of execution, nor is it claimed that there was any irregularity in the proceedings of the municipality preliminary to the issuance of the bonds. Section one of the enabling act provides that "it shall be lawful for any county through any portion of which any part of the Green Bay & Lake Pepin Eailway shall run, or any town or incorporated city or village in such county, to issue and deliver to said company its bonds, payable to such per- son or persons, trustees, or corporation, or to said company, at such time, for such sum or sums, at such rate of interest, transferable by general or special indorsement, or by delivery, and in such manner, as may be agreed upon by and between the directors of said railway company and the proper officers of such county, town, incorporated city, or village, as herein- after provided, and to receive in exchange for such bonds the stock or bonds of said railway company in such manner as shall be agreed upon by and between the directors of said railway company and the proper officers of such county, town, ����