by John Marshall Harlan

“ If, notwithstanding the express declaration in the act of 1869 as to the invalidity of bonds issued without the performance of conditions precedent imposed by popular vote, the county court, prior to the constitution of 1870, without the sanction of a popular vote, could have waived the condition as to the location of the machine shops at Duquoin, there is no evidence, on its records or otherwise, that it did so. ”

“ At the time-May 26, 1869-the county court ordered an election to ascertain the popular will as to the proposed subscription, to be paid by bonds of the county, the act of April 16, 1869, entitled 'An act to fund and provide for paying the railroad debts of counties, townships, cities, and towns,' was in full force. That act was referred to in the indorsement made on each bond by the auditor of state, as well as in the official communication of the county judge of Perry county, transmitting them for registration. ”

“ At a special term of the county court, held November 10, 1871, the county court made an order reciting all previous orders, and stating that the company had completed their railroad from Tamaroa to Pinckneyville, had run cars for freight and passengers thereon, had built depot buildings in Tamaroa and Pinckneyville, and had complied with and fulfilled all the conditions of the order of the court made at its January special term, 1870, to entitle it to have and receive from the county of Perry the first issue of said bonds. ”