Page:Federal Reporter, 1st Series, Volume 8.djvu/306

292 i'JSDBBAL REtOBTEE. �the bonds, were restricted to the amount namod in the written prop- osition submitted by the company, and ratified by popular vote ; that is, the city authorities were net given the power to make any sub- scription, except sueh as was called for in the proposition submitted to and approved by the people. The absence of any other restriction upon the legal voters, as to the amount to be subscribed, brings the statute, it is earnestly contended, ia conflict with the third section of article 11 of the state constitution, as interpreted by the supreme court of Wisconsin. That seption provides : , �" It shall be the duty of the legislature, and they are hereby erapowered, to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaningitheir credit, so as to prevent abuses in assessments and taxation, and in contracting debts by such municipal corporations." �In support of the proposition that the act of 1871 is repugnant to the constitutional provision, and therefore void, we are referred to Fos- ter V. City of Kenosha, 12 Wis. 618, decided in the year 1860, and to Fisk V, City of Kenosha, 26 Wis. 23, decided in 1870. In the first of those cases, the question was as to the constitutionality of a certain portion of the charter under whioh the city of Kenosha had made a subscription to the stock of a railroad company, That charter (section 8) contained these somewhat unusual provisions : �" The city council shall have power^ to levy and collect special taxes for any purpose (aside from what may be specially provided for in the charter) which may be considered essential to promote or secure the common interest of the city, or may borrow money on the corporate credit of the city for such pur- poses, any sum of money for any terra of time, at any rate of interest, not exceeding 10 per centum, and payable at any place that may bftdeemed expe- dient. Bonds or scrip may be issued therefor, under the seal of the corporar tion, and the resources and credit of the city are pledged for the repayment of the sums so borrowed, with the interest on the same. AU such rabneys shall be expended under the direction of the city council. But no such tax shall be leviec", or money borrowed, except in aceordance with the provisions of section 44 of the city charter; and in all cases when questions under this section are «ubmitted to qualified voters, the amount and object of the pro- posed tax or loan shall be speciflcally stated to be voted upon." * * * Pr. Laws Wis. 1853, p. 304. �The supreme court of Wisconsin, speaking by Mr. Justice Cole, con- strued this provision as conferring upon the city oollncil of Kenosha an unlimited power to contract indebtedness, including even debts wholly foreign to the purposes for which the municipal corporations were, or perhaps could be, organized. Let us see what the court said. Its language is : ��� �