Ritchie v. Franklin County
Supreme Court of the United States
I Appeal from the Circuit Court for the Eastern District of Missouri; in which court one Ritchie filed a bill against Franklin County-, in the said State, and various persons, holders of its bonds, such as are hereinafter described, to enjoin the county from collecting a special tax levied to pay the interest on the said, bonds, and to compel the holders of them to surrender them for cancellation; he, Ritchie, the complainant, alleging that by the constitution of Missouri…
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I Appeal from the Circuit Court for the Eastern District of Missouri; in which court one Ritchie filed a bill against Franklin County-, in the said State, and various persons, holders of its bonds, such as are hereinafter described, to enjoin the county from collecting a special tax levied to pay the interest on the said, bonds, and to compel the holders of them to surrender them for cancellation; he, Ritchie, the complainant, alleging that by the constitution of Missouri the same were unconstitutional and void. The case was thus: The constitution of Missouri ordains, “ Article l.'Bo law…
1Opinion of the CourtJustice Davis
The acts of the General Assembly of Missouri of 1865 and 1866 gave authority to the County Courts to borrow money and issue bonds for road purposes where “ the amount of proposed expenditure had been submitted to a vote of the people.” The County Court of Franklin County construed the provision on the subject of this submission as discretionary and not mandatory. Although this construction vvas wrong, the language used by the legislature gave color to it.
To declare that a court “ may, for the purpose of information,” submit its proposed action to the people, is not the best nor the usual way…
2Cited by50 opinions
- Milwaukee County v. M. E. White Co.Supreme Court of the United States · 1935
- Hanley v. DonoghueSupreme Court of the United States · 1885
- Simmons v. SaulSupreme Court of the United States · 1891
- Carpenter v. StrangeSupreme Court of the United States · 1891
- Humphries v. District of ColumbiaSupreme Court of the United States · 1899
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