Page:Federal Reporter, 1st Series, Volume 5.djvu/574

562 , PBDEBAL EEPOBTEB. �Thus it will be seen that the aet under which the bonds were issued was passed in 1867, and before either the village or city of New London came into existence; that the village was incorporated in 1868; that the bonds were issued in 1872; and that the city was incorporated in 1877. And upon these facts and this state of legislation, in connection with certain provisions contained in the charters of the vil- lage and city, it is contended that the village had no legisla- tive authority tq issue the bonds. �It may first be observed that the voters and the authorities of the village, by their action under the enabling aet of 1867, construed and treated it as authorizing them to issue the bonds in suit, and as applicable to the village, although it did not exist as a municipality when the aet was passed. And we are of the opinion that the aet is so far prospective, in its language and intent, that under it not only could a city or village then existing issue its bonds for the purposes speci- iied, but any city or village thereafter incorporated, in any county through which the railway should run, might, if it saw fit, avail itself of the right and authority conferred by the aet to incur indebtedness in aid of such railway. It is true, the aet does not in terms specify cities and villages then and thereafter existing, but its language and import are nev- ertheless very general and eomprehensive. It provides that it shall be lawful for any incorporated city or village, in any county through any portion of which any part of the Green Bay & Lake Pepin Eailway shall run, to issue and deliver bonds in accordance with the terms of the aet. It would not, we think, be consonant with rules of sound construction to limit the application of this language to munioipalities exist- ing at the time of the passage of the aet. And especially does it seem unreasonable to give the benefit of such a con- struction to a municipality which has aoted under the statute, and caused its obligations to be issued and to pass into the hands of innocent third parties, thereby adopting the statute as its letter of authority so to aet. �But it is claimed that certain provisions in the charters of the villa;];e and city of New London are so repugnant ta the ����