Joseph McKenna

“ It only prevents the exercise of that power being used to defeat contracts previously entered into.
It is further contended by plaintiffs in error that this is, in effect, a suit against the state. The argument to support this contention is that, if the auditor and treasurer are not corporate authorities, as it is insisted the circuit court decided, they are necessarily 'state officers, and, being state officers, this proceeding is an attempt to require of the state the performance of her contract.' The reasoning by which this is attempted to be sustained is rather roundabout. ”

“ A tax has been provided for and there are officers whose duty it is to assess and collect it. A court is within the line of its duty and power when it directs those officers to the performance of their duty; and their objects upon which the tax can be laid. It is the property within the boundaries of the territory that constituted Township Ninety-six. ”

“ Ninety Six, but contend that it is open to inquiry what officers, under the act authorizing the bonds, were the corporate agents or officers of the township, and, answering the inquiry, say the county commissioners were such agents and officers, not the county auditor and county treasurer, and that, it is contended, the circuit court has so decided. The distinction that plaintiffs contend for, based on the opinion of the court, is merely verbal. ”