by John Marshall Harlan

“ There is no question here, such as has arisen in some cases in the supreme court of Illinois and in this court, as to the power of the legislature, prior to the adoption of the constitution of 1870, to compel the corporate authorities of a municipality to issue bonds in aid of the construction of a railroad. While the act of 1869 legalized the election of 1868, it did not require an issue of bonds, but only gave power to the corporate authorities of the municipality to do so; such authorities, in the case of an incorporated city, being not the voters, but its mayor and council. ”

“ If the conditions attached to the subscription by popular vote, or by the ordinance of the city council of Jonesboro, had not been complied with when the curative act of 1869 was passed, then the railroad company would not have been entitled to have the bonds issued. ”