Garden City, Gulf & Northern Railroad v. Nation

The opinion of the court was delivered by

Smith, J.:

This is an original action in mandamus to require the state auditor to record in his office certain bonds of the city of Garden City in aid of the railroad company. The bonds purport to. have been issued under authority of chapter 286 of the Laws of 1907. (Gen. Stat. 1909, §§ 7049, 7053.) The bonds, apparently issued in due form, were presented for regis*346tration to the state auditor, who refused the registry for the following reasons: (1) That chapter 286 of the Laws of 1907, and the acts supplemental thereto, are unconstitutional. (2) That…