Page:Federal Reporter, 1st Series, Volume 4.djvu/294

280 FKDBBAIi BEFOBTEB. �trere fo pay for the interest and liquidation of tbese bonds. In other words, there -was a special fund raised in a special way, and to be appropriated to a special purpose, under this law. There can be no doubt that this is a debt of the city of Springfield, and for it. If it becomes due and is not paid the city of Springfield is liable, and a judgment can be rendered against the city. But as to how that judgment shall be paid is another question, and may depend upon the particular provisions of law which are applicable to that species of debt, and which it is not necessary now to consider, though it may become necessary, provided a judgment is rendered and the parties for wbom it is rendered eeek to have it paid. In what manner that shall be done it may be for the court to determine under the varions provisions of law. Undoubtedly, an ordinary execution could not issue against the city, but it would probably have to be paid out of the particular fund which was intended to be appropriated by law, under the action of the commissioners, to the debt itself. �The bigh-school and sewerage bonds I may consider to- gether. As I understand, the charter gives the city the right to borrow money* The charter prescribes what shall be the duties of the city authorities, and what they shall bave the right to do — what improvements' they shall make, what build- ings they may construct, and pverything connected with the general welfare of a community like the city of Springfield. It was intended, in other words, by the charter, to clothe the city authorities with ail the powers 'necessary for the welfare, safety, and government of a town or city like Springfield. Certainly, as a part of the duty thrown upon the city author- ities, it became proper and right for them to improve their streets, to construct sewers, to build school-houses, and to determine in what manner they should be constructed, how they should be regulated, and everything connected with the management and control of schools and school-houses. Now, this beiûg a part of their duty vested in them by the charter^ they are authorized to borrow money. Clearly, they are authorized by the charter to borrow money and to issue bonds for ail legitimate purposes connected with the performance of ����