Utter v. Franklin
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF ARIZONA. This was a petition for a writ of mandamus to compel the defendants, who were respectively governor, auditor and secretary of the Territory, acting as loan commissioners, to issue certain bonds in exchange for bonds issued by the county of Pima in aid of the Arizona Narrow Gauge Railroad Company.
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APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF ARIZONA. This was a petition for a writ of mandamus to compel the defendants, who were respectively governor, auditor and secretary of the Territory, acting as loan commissioners, to issue certain bonds in exchange for bonds issued by the county of Pima in aid of the Arizona Narrow Gauge Railroad Company. The petition set forth that plaintiffs were the Iona fide holders for value of certain seven per cent bonds and coupons issued in July, 1883, in compliance with an act of the Territory “to promote the construction of a certain railroad,”…
1Opinion of the CourtJustice Brown
The bonds now held by the relators were declared to be invalid by this court in Lewis v. Pima County, 155 U. S. 54, upon the ground that bonds issued in aid of railways could not be considered debts or obligations “necessary to the administration of the internal affairs ” of the county, within the meaning of the act of June 8, 1878, c. 168, 20 Stat. 101.
"Whether the loan commissioners of the Territory can be required to refund these obligations, and issue new bonds to the holders thereof, depends upon the effect given to certain legislation upon this subject, both by Congressional and…
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