Page:Federal Reporter, 1st Series, Volume 5.djvu/584

 &72 FBDEBAL BBPOBTBB. �cinct, which were regularly filed, but not counted, and which, if counted, would have resUlted in a defeat of the proposition to subscribe ; and, in that case, the county defending against the bonds sought to prove, and were permitted in the state court to prove, that if the resuit of the election had been properly declared the proposition to subscribe would bave been defeated. That was allowed in the state court, but the supreme court in that respect overruled the state court and declared that the issue of the bonds was in the hands of the parties whose duty it was to declare the resuit, and the county ■was precluded by the action of its own agents in determining the fact, which, by the statute, was committed to them to decide. Now, the determination here was by the county côm- missioners and not by the trustees of the township. It was made by the county authorities, was entered of record, and evidenced by the public records of the county ; and to that extent the facts of this case differ from ail the cases that have been read. Notwithstanding ail this, and notwithstanding the decisions of the supreme court of the state of Ohio, I have — and I believe my associate participates in the same uncer- tainty — very grave doubt whether the supreme court of the United States may not hold these bonds valid in the hands of honafide purohasers without notice of the facts. We are in questions of this kind not precluded by the construction of state statutes. I believe that it bas been well settled that federal courts will, on questions of this kind, construe the statutes for themselves; but the decision of the supreme court of Ohio, repeated so frequenfcly, is an authority, and is entitled to respect at the hands of this court; and we have determined to administer the law as it has been interpreted by the supreme court of the state of Ohio, though the question is a close one and may be said to be a doubtful one. If our judgment was final, if there were no means of reviewing it, we would take further time to investigate thoroughly and fuUy the authorities relative to and bearing upon the question ; but this case is open to a review by the supreme court of the United States, and, I suppose, were the decision to be either way it would finally go to the supreme court of the United ����