Ward Hunt

“ A state-house is an internal improvement, as is a county court-house, a jail, or a penitentiary (Commissioners of Leaven-worth Co. v. Miller, 7 Kan. 479) , as much as is a railroad, a canal, or a bridge. A mill run by water is declared to be an internal improvement by the statute we are considering. A ferry falls within the same principle, and so does a steam-mill. It would require great nicety of reasoning to give a definition of the expression 'internal improvement,' which should include a grist-mill run by water, and exclude one operated by steam ”

“ There is nothing upon their face to indicate fraud, unlawful assumption of authority, or irregularity. If there was, in fact and in law, authority in the town under any circumstances to issue its bonds, and if these bonds bear the impress of such authority, there is nothing to vitiate them when taken by bona fide holders. ”

“ Stow, and to aid in the construction of which these bonds were issued, had been that of water accumulated by dams and discharged upon wheels, the purpose would have been within the specific language of the act. To aid in the construction of 'water-power' is one of the purposes named. But the mill was a steam-mill. It was a custom grist-mill operated by steam. Does such an establishment fall within the description of 'other works of internal improvement'? This expression is usually applied to railroads and canals. ”