Stanley Matthews

Name: Read v. City of Plattsmouth — Opinion of the Court
Author: Stanley Matthews

Read v. City of Plattsmouth — Opinion of the Court

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“Read v. City of Plattsmouth — Opinion of the Court”, is a work by Stanley Matthews. It explores elements such as bonds, Plattsmouth and statute.

Quotes from Read v. City of Plattsmouth — Opinion of the Court (Stanley Matthews)

Stanley Matthews, Read v. City of Plattsmouth — Opinion of the Court

“ No addition is made to its enumerated or implied corporate faculties; no new obligation is, in fact, created. The language of the constitution, forbidding special legislation of that description, evidently refers to grants of authority to be exercised by the body itself and in the future, and a consideration of the evil intended to be remedied by the prohibition will confine it to grants of that character, and will not include a statute like that now under discussion. ”

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Source: Wikisource

Stanley Matthews, Read v. City of Plattsmouth — Opinion of the Court

“ Whatever implications of power as to school buildings might have been admissible, if the law conferring municipal powers had stood alone, must give place to the express declarations, with the accompanying qualifications, contained in the statute, that dealt by name with the very subject. And we must, therefore, assume, at the beginning, that while the city of Plattsmouth was authorized to erect a high-school building, it could not lawfully borrow money or issue its bonds for that purpose in excess of $15,000. ”

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Source: Wikisource

Stanley Matthews, Read v. City of Plattsmouth — Opinion of the Court

“ It is impossible to say that legalizing the bonds, and the taxes levied to pay them, are two diverse subject, when to legalize the taxes necessarily makes the bonds valid; for nothing more strongly confirms an invalid bond than to make provision for its payment. We have no hesitation, therefore, in upholding the second section of the act of February 25, 1875, as a valid enactment, so far as the present objection is concerned. ”

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Source: Wikisource

Stanley Matthews, Read v. City of Plattsmouth — Opinion of the Court

“ No objection is made to either of the statutes relied on, on the ground that the constitution of Nebraska of 1867 forbade retroactive legislation. The twelfth section of article 1 of that instrument declares that 'no bill of attainder, ex post facto law, or any law impairing the obligation of contracts, shall ever be passed.' This prohibition would not include legislation of the class now in question. They are attacked, however, on other grounds. ”

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Source: Wikisource

Stanley Matthews, Read v. City of Plattsmouth — Opinion of the Court

“ The first act,-that of February 18, 1873,-it is claimed, is made void by article 8 of section 1 of the constitution of Nebraska, which declares that 'the legislature shall pass no special act conferring corporate powers.' It is contended that the act in question, by legalizing bonds of the city, void because it had no power to issue them, is legally equivalent to an act conferring upon the city power to issue bonds, which is conferring corporate power, and, being a special act, is therefore unconstitutional. ”

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Source: Wikisource

Stanley Matthews, Read v. City of Plattsmouth — Opinion of the Court

“ The court said: 'That Jefferson county is justly indebted to the relator for the amount of the warrants in question will not be controverted; and, where such is the case, there is no doubt of the power of the legislature to require the county to issue its bonds for the amount of its indebtedness.' In one aspect, this case goes beyond the argument; for it contemplated further action by the corporation it the issue of its bonds. ”

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Source: Wikisource

Stanley Matthews, Read v. City of Plattsmouth — Opinion of the Court

“ Whether such an effect may be given by a legitimate exercise of legislative power, depends upon those considerations which draw the line beyond which retroactive laws cannot pass, and is not affected by the supposed form of the enactment as a special or general act conferring corporate power. ”

Stanley Matthews

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