Board of Commissioners v. State ex rel. Cottingham

On Petition eor a Rehearing.

Zollars, J.

Counsel for appellees contend, with vigor and -ability, that in this State, as elsewhere, there is no difference between an appropriation by a municipality by way of a donation and by way of taking stock in the railway company to which aid is voted.

*71That our statutes clearly recognize and create such a distinction is, in our judgment, so plain as to leave no reasonable ground for controversy.

The first section of the act of 1869 (Acts 1869, Spec. Sess., p. 92, et seq.), as stated in the principal opinipn, provided that when a petition was presented to the…