Noah Haynes Swayne

“ Before any thing was done touching the issue of the bonds, the legislature of Wisconsin incorporated 'The Wisconsin Valley Railway Company,' with authority to construct a railroad 'from such point on or near the La Crosse and Milwaukee Railroad, between Kilborne City and the tunnel on said road, as its directors should select, to Wausau, via Grand Rapids.' The line of this road approached Grand Rapids from the west, and the Green Bay and Lake Pepin road from the east. ”

“ If the act of 1867 had been repealed, as is claimed, the bonds were, as is now maintained, utterly void, and the holders of the stock had no title, and consequently could have no right to vote upon it. But, on the contrary, the existence and validity of the act when the bonds and stock were issued, and the validity of the title of the rightful holders of both, are affirmed by the clearest implication. None could be stronger ”

“ It is sufficient to say upon this subject, that the objection, not having been made in the court below, cannot be taken here. To hold otherwise would involve the exercise on our part of original instead of appellate jurisdiction. This is not permitted to us. ”