Noah Haynes Swayne

“ Thus, though Pompton did not get a terminus on its southeast line, as originally contemplated, it got for the same consideration the length of the road within its territory and the extension beyond its limits. The change was obviously beneficial to the township. No ground is disclosed for the slightest imputation of bad faith against any one, touching either the road or the sale of the bonds. It does not appear that the township authorities made the slightest complaint. Doubtless all believed that what was done was best for all concerned. ”

“ This is a controversy touching the validity of certain municipal bonds issued by the inhabitants of the township of Pompton, in the county of Passaic, N. J., which came into the hands of The Cooper Union for the Advancement of Science and Art. The latter brought suit on them, and recovered judgment. The case was then removed here. There is no conflict as to the facts. The questions to be considered all involve the effect of the facts as matter of law upon the rights of the parties. ”

“ It was certainly a clear recognition of Pompton as one of the townships authorized to issue bonds in aid of the railroad company,-a legislative construction entitled to great respect.
The bonds of the railroad company held by the commissioners are still in the hands of the township. It does not appear that there has been any offer to return them.
In County of Scotland v. Thomas (94 U.S. 682) , the county was authorized to issue bonds in aid of the construction of a railroad authorized to be built by the Alexandria and Bloomfield Railroad Company, a Missouri corporation. ”