Brown v. Ingalls Tp.
U.S. Circuit Court for the District of Kansas
This is an action to recover on refunding bonds issued by defendant, a township of Gray county, Kan., under the provisions of chapter 50 of the Laws of Kansas enacted at the session of 1879. The facts are that in 1889 the legislature of Kansas authorized its municipalities, including townships, to extend aid to companies and corporations engaged in the manufacture of sugar from sorghum cane by issuing bonds.
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This is an action to recover on refunding bonds issued by defendant, a township of Gray county, Kan., under the provisions of chapter 50 of the Laws of Kansas enacted at the session of 1879. The facts are that in 1889 the legislature of Kansas authorized its municipalities, including townships, to extend aid to companies and corporations engaged in the manufacture of sugar from sorghum cane by issuing bonds. The constitutionality of this act was considered doubtful at tlie time, and it lias since been declared unconstitutional by several of tlie district courts of the state, and also by one…
1Opinion of the Court
WILLIAMS, District Judge.
There can be no doubt but that the bonds sued on were issued in order to avoid the doubts existing in the minds of the sugar company as to the constitutionality of the sugar bounty act. The original bonds were issued to the sugar company on February 10th, and on the next day the company made its proposition to the township board to have them refunded under the act of 3879, and an election for that, purpose was ordered for February 24, 1890. Loan Ass'n v. Topeka, 20 Wall. 655, and Parkersburg v. Brown, 106 U. S. 487, 1 Sup. Ct. 442, are decisive that the act…
2Cases cited10 opinions
- Loan Assn. v. TopekaSupreme Court of the United States · 1875
- Parkersburg v. BrownSupreme Court of the United States · 1883
- Dixon County v. FieldSupreme Court of the United States · 1884
- Town of Coloma v. EavesSupreme Court of the United States · 1876
- Northern Bank of Toledo v. Porter Township TrusteesSupreme Court of the United States · 1884
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3Cited by3 opinions
- Brown v. Ingalls Tp.Court of Appeals for the Eighth Circuit · 1898
- City of South Hutchinson v. BarnumSupreme Court of Kansas · 1901
- Knisely v. School District No. 17Supreme Court of Kansas · 1925