A Treatise on the Law of Railroads: Containing a Consideration of the Organization, Status and Powers of Railroad Corporations, and of the Rights and Liabilities Incident to the Location, Construction and Operation of Railroads; Together with Their Duties, Rights and Liabilities as Carriers, Including Both Street and Interurban Railways, Volume 2

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Contents

Resident agentRule in federal courts
13
Agent need not reside in stateAgent casually in state 719 Return of service
18
Venue of actions against corporations
19
Attachment
24
Garnishment
26
Duty and liability of garnishee
28
What may be reached in garnishment
30
Garnishment of employes wages
34
Injunction Generally
37
Injunction where the company seeks to take or condemn lands
39
Injunction where railroad is laid in a street
42
Enjoining a nuisance
45
Injunction at suit of the company
47
Enjoining strikers
52
Injunction at suit of stockholder
55
Mandatory injunctionEnglish cases 734 Rule in the United StatesIllustrative cases
58
MandamusGenerally
60
Mandamus to compel completion and operation of road
61
Mandamus to compel restoration of highway and construction of crossings or viaducts
64
Mandamus to compel carriage of freight
66
Mandamus to compel the company to maintain stations and fur nish increased facilities
67
When mandamus will not
71
Who may be realtor
73
Quo warranto
74
CHAPTER XXVI
77
What are suits of a civil nature under the removal acts 747 Parties
83
Rights of removal as affected by amount in controversy 749 Diverse citizenship as a ground for removal
85
Separable controversy
90
Action against company and employe
92
Prejudice or local influence as a ground for removal 753 Removal where federal question is involved
97
Time and manner of making application for removal
100
Effect of application on jurisdiction of state and federal court
102
SECTION
104
Remanding and dismissing cause
105
RemandingAmendmentWaiver
107
Pleading and practice in federal court after removal
108
Recent cases Miscellaneous
110
Question of jurisdiction where neither party resides in federal districtWaiver
115
CHAPTER XXVII
118
Legislative power over private rights of railroad companies
121
The limits of legislative power unduly extended 775 Regulations affecting acts and duties of a public natureRelat ing to stations 776 Other illustrative...
125
Corporate rights are subject to the police power
128
The police power is fettered by limitations
130
Subject must be one over which the police power extendsCases adjudging statutes invalid
132
Police powerLegislative and judicial questions
135
The police power and the commerce clause of the federal consti tution
137
Regulations that have been held validMiscellaneous 783 Regulations as to equipment held valid
146
Regulations as to lighting track held valid 785 The power to impose penalties in favor of private persons Constitutional questions
147
Regulating speed of trains 787 Stopping trains at highway crossings
150
Fencing tracks
151
Grade crossings
153
Grade crossings continued
154
Requiring services and denying compensation
155
Federal corporationsState can not transform into a domestic corporation
156
CHAPTER XXVIII
158
Introductory
159
Nature of state railroad commissions
160
The power to create railroad commissions
162
Strictly judicial powers can not be conferred upon administrative or ministerial officers
164
Granting authority to make regulations not a delegation of legis lative power
166
Legislature can not authorize a railroad commission to make unjust discriminations
167
Members of railroad commission are public officers
169
Qualifications of commissioners 803 Powers of railroad commissionersIllustrative cases
170
Powers of commissionersOther cases
174
Jurisdiction of railroad commissioners
176
Jurisdiction of commission not extended by implicationGeneral rule
178
Incidental powers of a railroad commission
179
Right of railroad companies to a hearing
180
Orders of commissioners not contracts
181
Certificates of commissioners that rates are reasonableEffect of 811 Regulation of charges for transporting property and passengers
183
Domestic commerce
185
Reasonableness of freight and fare tariff of ratesHow far a judicial question
187
Regulation of rgesTest of reasonableness 815 Tariff of ratesTests of reasonableness
190
Tariff of ratesDiscrimination in interstate rates 817 StationsPower to order company to provide
197
Naming stations
199
Switching charges 820 Procedure before the commissioners
200
Effect of the decision of the commissioners that a company has not committed an act authorizing a forfeiture
202
Enforcing the orders of the commissionersGenerally
203
Enforcing the orders of the commissionersMandamus
205
Mandamus Enforcing orders of commissionersIllustrative
206
cases
208
Suits against railroad commissioners are not ordinarily suits against the state
209
Remedies for illegal acts of railroad commissioners 827 Specific statutory remedyFederal rule
210
Parties to suits against railroad commissioners
212
Review of certiorari
213
Injunction against commissionersGenerally
215
Where commissioners exceed their jurisdiction injunction will lie 832 Vacating orders of commissioners on the ground of fraud
216
Federal questionRemoval of causes from state courts
217
Action for enforcement of penal statutes
219
The informers rightsParties 846 The penaltyComputation
233
When penalty and when liquidated damages
236
Indictment of railroad companies for causing death
238
Violation of Sunday laws 850 Indictment of railroad company for maintaining a nuisance
240
Indictment under separate coach actVariance 852 Obstruction of highways
243
Failure to maintain accommodations at stations
246
Indictment for failure to maintain accommodations 855 Statutory signalsStops at crossings
248
Blackboards and bulletins at stations
249
Failure to furnish cars
250
Unlawful speed
251
Penalties for detention of baggage
252
Other penal regulations
254
Full crew and hours of service laws 862 BlacklistingClearance cards
255
Violation of federal regulations 864 Penalty for confinement of live stock
256
Penalty for confinement of live stockState legislation
257
Offenses against railroadsObstructing mails and interfering with interstate commerce 867 English statutory penalties for riding without paying fare
259
Sale of tickets without authorityScalpers 869 Climbing on carsEvading payment of fare
261
Placing obstruction on track
262
Shooting or throwing missile at
265
Breaking into depot or carBurglary
266
Injury to railroad propertyMalicious trespass
267
Other crimes against railroad companies
268
CHAPTER XXX
270
Legislative power
271
Whether boards of assessment and equalization have judicial powers
272
Appropriate method of assessing
274
Methods of taxation
275
What is meant by roadway in revenue laws
276
Railroad bridges and bridge companies
278
Statutory method of assessment exclusive 888 Legislative discretion Classification
279
Equality and uniformity
281
Equality and uniformityDouble taxation
282
Duties of corporationRights of stockholders 892 Failure of the corporation to make returnEffect on stockholder
284
Situs of stock of nonresident corporation owned by domestic corporation 894 Situs of rolling stock
285
Discrimination
286
Lien of assessment
287
Taxation of street and interurban railroads
288
Relinquishment of the power of taxation
289
Exemption from taxationConsolidation
291
Right of exemption nonassignable
293
Immunity from taxation not a franchise
294
Exemption of property used in operating railroad
296
Withdrawal of exemption
298
RemediesInjunction
299
RemediesInjunctionSuit by taxpayer
301
Inequality no ground for injunction
302
Tender of amount of taxes owing is required
303
CHAPTER XXXI
305
Interstate commerceObstruction
307
Railroad property used in interstate commerce is taxable by
308
state
309
Interstate commerce Taxation of property brought from one state into another
311
Railroad in more than one state
312
Mileage basis of valuation
314
License
316
Privilege tax on interstate railroads 918 Privilege tax discriminated from a property
318
Excise
320
Excise license and privilege taxesReview of recent decisions
323
Tax on passengers carried
324
Tax on interstate freight
325
Tax on gross receipts of interstate commerce corporations
326
Fees for the right to be a corporation not taxes
328
Municipal tax as compensation for use of streets
329
Impairing obligation of a contract
330
Impairing obligation of contractsTax on bonds
333
Exemption of railroad propertyContract alteration of charter 929 Due process of law in tax proceedings
336
Equal protection of the laws
338
Equal protection of the laws continued
339
Equal protection of the lawsCorporations are persons
340
Equal protection of the lawsWhat is a denial
341
Fourteenth amendment_Unequal protection generally 935 Classification not a denial of equal protection
343
Corporations deriving rights from the United States 938 Land grants
345
Domestic commerce
347
CHAPTER XXXII
348
Local assessmentsPower to levy
351
Statute must be complied with
354
Property subject to local assessmentGeneral rule
355
Property of railroad companies
356
Right of wayWhether subject to assessment
358
Abutting propertyRight of way is
362
SECTION
364
Whether street railroad is subject to assessinent 953 Right of wayMode of assessing
365
Assessment for drainage purposes
366
Bridges over natural watercourses utilized for drainage purposes
367
Lien of the assessmentPersonal liability
368
Nature
376
Land grants 967 Construction of land grants 968 Construction of land grantsIllustrative cases
380
Effect of grant
383
Effect of grantIllustrative cases
387
Reserved lands
388
WithdrawalWhere land becomes part of public domain 973 Indemnity lands
391
Rules laid down by Supreme Court of United States
392
Priority rights 976 Breach of conditionForfeiture
394
Legislative declaration of forfeiture 978 Cancellation of grants and entries
396
Condition that land shall revert to United States if not disposed of within a fixed time 980 Staking and surveying line does not conclude the company
398
Aid to two companies by same grant 982 Grants by the governmentEstoppel
399
Where state renders performance of condition impossible grant is not defeated 984 Partial failure to perform conditions
401
Notice by possessionAdverse possession
402
Injunction on the application of company
403
Effect of reservation of right to use railroad as a highway
404
CHAPTER XXXIV
406
State
407
State aidLien of state
408
Constitutionality of statutes authorizing municipal aid to railroads 998 Construction of constitutional provisions
411
Constitutional prohibitions
413
Direct limitations upon the state not limitations upon power to authorize municipalities to grant
414
Constitutional restrictions operate prospectively
415
Limitation upon the power of municipalities to incur debts
417
Constitutional questionsDelegation of legislative power 1005 Submission to vote 1006 Submission to popular voteConstitutional requirements
419
Necessity of regularity in the election
420
Form of ballot
421
Form of ballotDouble question
422
Scope of the legislative power
423
Scope of the legislative powerIllustrative cases
424
Power to aid railroadsStatutory authority
426
Power to grant aid is continuous
428
Railroad aid laws not restricted to new companies 1016 Taxing the property of one railroad company to aid in the con struction of the road of anothe...
430
Construction of statutes conferring authority to aid railroad com panies
431
Inadequacy of statute
432
Impairment of contract rights
433
Impairment of contract rightsIllustrative cases 1021 Construction of statutesImplied powers
435
Construction of statutes conferring authority to aid railroad com paniesIllustrative instances
437
Construction of enabling acts Adjudged cases
439
Means and methods
442
Requirements of statuteClasses of cases 1026 Power to aid by subscription does not authorize the execution of bonds
443
Levy of taxesWithdrawal of powerTime
445
Donations and subscriptions
446
Repeal of enabling actWithdrawal of authority 1030 Validating proceedingsRetrospective laws
449
Legislative power to authorize ratification
452
Curative statutesRequisites
453
Division of municipality for purpose of voting 1034 What corporations may be authorized to grant
456
Subscription to unorganized company 1036 VotesVotersMajority of votes
457
Failure to conform to the requirements of the enabling actIllu strative cases
460
ConditionsPerformance ofExcuse for nonperformance Illu strative cases
462
Other illustrative cases
464
Time for completion of road where not fixed in contract 1041 ConditionsPower of municipality to prescribe
465
Change of municipality
467
Effect of change of name of corporation
468
Limitations upon the amount
469
Valuation of property
470
Conditions must be performed
471
Preliminary survey
473
PetitionRequisites ofPetitionersQualifications of 1049 Notice of election
477
Notice of electionStrictness with reference thereto
478
Influencing voters
479
Estoppel of taxpayers 1063 Remedies of taxpayers 1064 Remedies of municipalities
496
Remedies of railroad companies
498
Remedies of railroad companies continued
500
CHAPTER XXXV
502
Power to issue aid bonds
503
Legislative authority requisite
505
Constitutional questionsCompleted road
506
Governmental subdivision may be authorized to issue bonds 1074 Execution of the power to issue aid bondsGenerally
508
Execution of the power to issue aid bondsImplied powers 1076 Formal execution of bonds
510
Execution of bondsDelivery 1078 Nature of municipal aid bonds
511
Proceedings of municipal officers must conform to the statute
513
Conflict of authority
514
Consolidation does not take away right to bonds
515
Purchasers of aid bondsDuty to ascertain that power to issue bonds exists
516
Bonds issued in excess of the limits prescribed by the constitution 1085 Limitation of amountConstruction of statute
517
Bonds in excess of the limit prescribed by statute
518
Bonds running beyond time prescribed
520
Bonds payable out of a specific fund
521
Performance of conditions
522
Ratification of bonds irregularly issued
523
Ratification of invalid bonds 1093 When bonds are void
525
Form of bondsTo whom payable 1095 Form of bondsLack of seal 1096 Bona fide holders of aid bonds
528
Estoppel by recitals in bondsGeneral doctrine 1098 Estoppel by recitals in bondsIllustrative cases
533
Recitals in bonds not always conclusive
538
Official certificatesConclusiveness
539
Recitals in bonds to constitute an estoppel must be of facts
540
No estoppel where the officer ordering bonds to issue had no jurisdiction
541
Estoppel otherwise than by recitalIllustrative instances
542
Estoppel by retention of stock
545
Recitals in bondsEffect of against bondholders 1106 RefundingSubstitution
546
Discretionary powers and peremptory duty
548
Registration
549
Rights of bona fide holders not affected by sale of bonds at less sum than that prescribed by statute 1110 Subrogation of holder of invalid bonds
550
Liability of municipality to purchaser of invalid bonds
551
Right of municipality to recover money paid because of wrongful acts of the railroad company
552
Defenses to aid bonds
553
Bondholders not bound by proceedings to which they are not parties
554
Following state decisions
555
Jurisdiction of federal courts
556
Compelling the issue of bonds 1118 Remedies of bondholders
558
Miscellaneous
563
CHAPTER XXXVI
566
Circular or belt road 1127 Discretion of company in determining locationHow exercised
568
Determination of question of necessity and convenience of pro posed railroad
571
Conflicting grants Priority of location
572
Location of road upon property already devoted to public use 1131 Location of abandoned right of way 1132 Branch and lateral roads
577
Exempt property
580
Preliminary survey
581
Perfecting location Map of proposed route
582
Effect of locationWhen location is complete
585
Construction of from and toTerminus at or near
589
Contracts to influence location
590
Change of locationWhen authorized
593
Change of location after first location is finally completed
595
Abandonment of locationEffect 1142 AbandonmentWhat constitutesWhen and how shown
600
Relocation of stations
605
CHAPTER XXXVII
609
CHAPTER XXIX
610
Who may convey
612
COMPENSATION AND DAMAGES
614
Construction of deeds and contracts for right of
615
Where route is not described in deed 1155 Enforcement of agreement to sellSpecific performance
618
When specific performance will not be enforced 1157 Effect of conveyance or release of damages
623
What estate is taken
626
What estate is taken continued
630
Conveyance of right of way by railroad companies 1161 Conditional conveyances
631
Difference between conditions precedent and conditions subse quentEffect of failure to perform conditions precedent
634
Conditions subsequentWhat is sufficient performanceEffect of failure to perform
635
Remedies of grantor for failure of company to perform conditions
637
Construction of conditions subsequentCompliance with condi tions 1166 When equity will interfere in case of a breach of conditions subsequent
642
Covenants running with the land 1168 Other covenants
646
Right of way over mineral landsReservation of right to mine
647
Use of land acquired for right of way purposes 1171 Title on abandonment of right of
648
Dedication of land to the use of railroad 1173 Dedication to railroadStatute of frauds 1174 Title by adverse possession
655
Adverse possessionLackingExtent of right acquired 1176 Adverse possession as against municipality
659
Rights of railroad company acquired by entry under license
660
When license is irrevocable
661
CHAPTER XXXVIII
670
Definition and nature of the eminent domain
671
Power inherent in statesExtent
676
Constitutional provisions and questions
678
Public use and necessityWho determines
680
SECTION
685
Public useGeneral rules and illustrations
686
Public use and necessity continued
688
Exercise of power by corporation exercising both public and private functions
689
Delegation of the power of eminent domain
690
Delegation of the power to railroad companiesExtent of
692
Limits of rule as to discretionWhat is reasonable necessity 1198 Company may be compelled to condemn
699
Construction of statutes granting right to condemn 1200 Right of foreign and consolidated companies to condemn
701
Exercise of the right by de facto corporations
703
Right to condemn where road is leased or in hands of a receiver
706
Purposes for which a railroad company may condemn generally
709
Right to condemn for road to private enterprise denied 1208 Condemnation of land for future use Second appropriation
730
What may be appropriatedGenerally
731
Property of other corporations
734
thority
737
Property of state or United States
738
Tide lands
740
Property devoted to another public
741
Franchises
748
Exclusive grants and franchises
749
Buildings on right of
751
Exempt property
752
Extent of taking
754
Taking additional property
757
Title or interest acquired
758
Reversion on abandonment
762
Width taken for right of
763
Taking right of way of another roadWhen not allowed
767
Constitutional protection
773
Condemnation of right of way for other purposesHighways 1229 Condemnation of right of way for other purposesReservoir sites Drainage 1230 Co...
776
What constitutes a takingGenerally
778
No taking where no property right
782
What constitutes a takingIllustrative cases
784
What constitutes a takingOther illustrative cases
787
Elevated railroads
798
CompensationConstitutional right
799
Provisions of the federal constitutionFederal powers
800
Federal powerAbridgment of right of navigation
805
Constitutional right to compensation does not extend to general damages
806
Compensation must be made in moneyPrinciple not violated by deducting special benefits
808
The measure of compensation is a judicial question
809
Right to compensation not lost by conditional grant
810
Time at which compensation is computed
811
Time of payment of compensation
815
BenefitsGeneral survey of the subject
817
BenefitsThe different lines of decision 1251 BenefitsGeneral and special
822
Benefits confined to parcel or tract actually taken
823
Benefits from abandonment of an existing line across premises
824
Remote or conjectural damages can not be allowed
825
Remote sentimental or conjectural damages continued
826
Remote and speculative damagesPossibility of negligence in con struction or operation of road
827
Damages confined to particular tract
828
Injuries to part of tract or parcel of land not actually taken
831
Elements of value
832
Compensation for additional burden on right of
838
Measure of damagesIllustrative cases
839
Penal offenses by railroad companiesGenerally
840
Penal statutes strictly construedNo extraterritorial effect
841
Right of action is affected by penal statutesEffect of violation as proof of negligence
842
Whether private injury essential to recovery of penalty
843
Matters to be considered in estimating damagesIllustrative in stances
846
Measure of damages for property of railroad company taken for other public useRailroad and street railroad crossings 1264 Measure of damages for ...
855
Measure of damages for property of railroad company taken for public useStreets and highways
857
Railroads and street railroads in streetsCompensation to abutters
859
Improvements made by company under unauthorized entry Views of the authors 1270 Improvements made by company under unauthorized entry I...
863
Deviation from proposed lineChange of route
868
Owner at time possession is taken is entitled to damagesVendor and vendee
869
Who is owner 1274 Who is entitled to the compensation where the land is conveyed
871
after appropriation proceedings are commencedVendor and vendee
872
Temporary use of premises
873
Notice to purchaser by existence of railroad
874
To whom compensation should be paid
875
Measure of damages to lessee
878
Apportionment of compensation
879
Occupying claimants on public lands
881
Effect of assessment of damages
882
Award of compensation does not cover negligent acts 1283 InterestAllowance
888
Presumption of payment of compensationStatute of limitations
890
WaiverEstoppel
892
CHAPTER XL
895
ProcedureIntroductory
896
Nature of the proceedings 1292 Civil actionRemoval to federal court
899
TribunalsGenerally
901
Nature of the tribunal for assessment of benefits and damages 1295 Creation of the tribunalLegislative power
904
Right of land owner to have question of right to take determined
905
Determination of right of interurban road to cross railroad tracks 1298 TribunalsJurisdictionDecision of majority
906
Appointment of appraisers or commissioners to assess benefits and damages
908
Duty to appoint appraisers or commissionersMandamus
910
Qualifications of jurorsAppraisers or commissioners
911
Waiver of objections to lack of qualification 1303 Oath must be taken by jurors or commissioners
915
NoticeGeneral doctrine
917
NoticeRequisites
920
NoticePolitical questionsExpediency
922
NoticeDescription 1308 Service of notice
924
Summoning the jury or commissioners
927
Parties
929
PartiesGrantor or granteeInterested parties generally
931
PartiesJoinderEffect of failure to join
937
PartiesAmendments
939
Effort to agree
942
Petition or articles of appropriation
944
Limited and unlimited petitions
948
Contents of the petition
949
Contents of petitionDescription of property
950
PetitionDefects and manner of testing
954
Title
955
DefensesQuestions of law or fact
956
Property secondarily liableBacklying property
957
Assessment of right of wayEnforcing assessment
958
Effect of pendency of proceedings to condemn
959
Dismissal of proceedingsEffect
960
DismissalOther cases
962
Abandonment of proceedings
963
Meetings of commissioners or jurors
969
Open and close 1329 Evidence generally
970
Evidence of valueIllustrative instances
973
Evidence of valueFurther illustrative instances
980
Tax list and assessments as evidence of value 1333 Conpetency of witnesses
982
Opinions of witnesses
987
Power of commissioners to act upon their own knowledge Evidence
991
View
995
Instructions
996
Procedure
997
Report of commissioners
998
Report of commissionersRequisites of Illustrative cases 1340 Time within which report must be made
1005
Objections to report
1006
Confirmation or rejection of reportModification 1343 Misconduct of jurors or commissioners
1009
Judgment
1011
Waiver of objections
1014
Company a trespasser where proceedings are void
1015
Remedies to enforce payment of compensation
1018
Remedies of landownerGenerally
1024
Remedies of landownerInjunction
1030
Remedies of landownerLimitation of action 1354 Remedies of landownerParties to proceedings 1355 Remedies of landownerPleading
1041
Remedies of landownerEvidence
1043
Remedies of landownerDamages
1044
Remedies of landownerTaking or injury in excess of that condemned 1359 Remedies of landownerRight of company to conveyance
1046
Effect of tender of payment by company
1047
Acceptance of damagesEstoppel
1049
CHAPTER XLII
1051
AppealWhen authorized 1366 Time within which appeal may be taken 1367 Manner of taking appealParties
1055
NoticeBond
1057
Issues on appealQuestions determined
1058
Effect of appeal
1060
Possession pending appeal
1061
Trial de novo in intermediate court
1064
AppealMiscellaneous matters
1065
Costs of appeal
1067
Certiorari
1069
CertiorariHow obtainedWhat must be shown
1070
CertiorariProceedings on return of writ
1071
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Page 13 - ... no civil suit shall be brought before either of said courts against any person by any original process or proceeding in any other district than that whereof he is an inhabitant, but where the jurisdiction is founded only on the fact that the action is between citizens of different states, suit shall be brought only in the district of the residence of either the plaintiff or the defendant...
Page 376 - ... every alternate section of public land, designated by odd numbers, to the amount of five alternate sections per mile on each side of said railroad, on the line thereof, and within the limits of ten miles on each side of said road...
Page 76 - And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different states, and which can be fully determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the circuit court of the United States for the proper district.
Page 221 - The words must not be narrowed to the exclusion of what the legislature intended to embrace ; but that intention must be gathered from the words, and they must be such as to leave no room for a reasonable doubt upon the subject.
Page 94 - States for the proper district, at any time before the trial thereof, when it shall be made to appear to said circuit court that from prejudice or local influence he will not be able to obtain justice in such State court, or in any other State court to which the said defendant may, under the laws of the State, have the right, on account of such prejudice or local influence, to remove said cause...
Page 221 - It is a modification of the ancient .maxim, and amounts to this : that though penal laws are to be construed strictly, they are not to be construed so strictly as to defeat the obvious intention of the...
Page 130 - The theory of our governments, State and National, is opposed to the deposit of unlimited power anywhere. The executive, the legislative, and the judicial branches of these governments are all of limited and defined powers. There are limitations on such power which grow out of the essential nature of all free governments. Implied reservations of individual rights, without which the social compact could not exist, and which are respected by all governments entitled to the name.
Page 59 - Property does become clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Page 402 - States, which shall have filed with the Secretary of the Interior a copy of its articles of incorporation, and due proofs of its organization under the same, to the extent of one hundred feet on each side of the central line of said road; also the right to take, from the public lands adjacent to the line of said road, material, earth, stone, and timber necessary for the construction of said railroad...
Page 530 - ... where it may be gathered from the legislative enactment that the officers of the municipality were invested with power to decide whether the condition precedent has been complied with, their recital that it has been, made in the bonds issued by them and held by a bona fide purchaser, is conclusive of the fact, and binding upon the municipality ; for the recital is itself a decision of the fact by the appointed tribunal.

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