Page:North Dakota Reports (vol. 1).pdf/114

 seed-grain bonds, under an act of the state legislature, approved February 14, 1890, and entitled: “An act authorizing counties to issue bonds to procure seed-grain for needy farmers resident therein.” The information is based upon the complaint of one John Birkholz, which alleges—“First. That the above-named complainant, John Birkholz, is a tax-payer of the county of Nelson, the respondent above named. Second. That said respondent is a political or public corporation, duly organized under existing laws. Third. That J. W. Forbes is the duly elected and qualified chairman of the board of county commissioners, and N. F. Webb is the duly-elected county auditor of Nelson county, and as such officers are respectively discharging the duties thereof. Fourth. That the above-named respondent on the 26th day of March, 1890, acting through its board of county commissioners and the county auditor of said county, pursuant to a petition signed by 100 freeholders resident in said county, adopted and passed a resolution at a meeting of said board, and thereby resolved to issue the bonds of the said county in the sum of twenty thousand dollars ($20,000), payable in ten (10) years, and bearing interest at the rate of seven (7) per cent. per annum, payable semi-annually, claiming their right to so do under an act of the legislative assembly entitled ‘An act authorizing counties to issue bonds to procure seed-grain for needy farmers resident therein,’ approved February 14, 1890, and acts amendatory thereto; that in pursuance to said resolution said respondent, acting through its auditor and the chairman of its board of county commissioners, have taken such steps as are requisite and necessary in the premises to and are about to issue bonds for said amount, in pursuance of said resolution, claiming their right to do so under the act aforesaid. Fifth. That if said bonds are issued they will become the obligation of the county. In order to meet the payment of the interest thereon, and the payment of the principal of the same, it will be necessary to levy taxes from year to year against the tax-paying people of said county, and the proceeds of said bonds, when issued and sold by the said county, will be diverted to and used for the purpose of buying said grain, to be distributed to private individuals, indigent and poor farmers resident in said county.