Howell Edmunds Jackson

“ The principle running through these decisions controls the case under consideration, and clearly establishes that the complainants are not entitled to the relief they seek. The fact that the complainants have no remedy at law, arising from the invalidity of the bonds, confers no jurisdiction upon a court of equity to afford them relief. ”

“ Any equitable demand which might, under the circumstances, have existed against the county, on the theory of consideration received, was in favor of the railroad company which constructed the railroad, and thereby conferred all the indicental benefits which the county derived from the transaction. If any equitable claim arises in favor of the holders of the bonds, it must be against the railroad company, from whom the bonds were purchased, and by whom their payment was guarantied, as that company was the recipient of the legal consideration realized upon the negotiation of the bonds. ”

“ This decision was based upon section 2, art. 12, of the constitution of the state of Nebraska, which provides as follows:
'No city, county, town, precinct, municipality, or other subdivision of the state, shall ever make donations to any railroad or other works of internal improvement, unless a proposition so to do shall have been first submitted to the qualified electors thereof, at an election by authority of law: provided, that such donations of a county, with the donations of such subdivisions, in the aggregate shall not exceed ten per cent. ”

“ The theory of the bill is that the bonds are void only to the extent that they exceed 10 per cent. of the assessed valuation of the property of the county at the time of their issuance, and upon the abatement of that excess the holders are entitled to have the residue thereof, which the county could have lawfully issued, treated as valid, because of the incidental benefits derived from the construction of the road, which was sought to be secured by the donation of bonds. ”

“ We do not, however, deem it necessary to review them, for, if they can be construed to support a bill like the one under consideration, we think they are not founded upon correct principles, and are not in harmony with the decisions of this court. ”