by John Marshall Harlan

Name: City of Quincy v. Cooke — Opinion of the Court
Author: by John Marshall Harlan

City of Quincy v. Cooke — Opinion of the Court

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“City of Quincy v. Cooke — Opinion of the Court”, is a work by by John Marshall Harlan. It explores elements such as subscription, bonds and Quincy.

Quotes from City of Quincy v. Cooke — Opinion of the Court (by John Marshall Harlan)

by John Marshall Harlan, City of Quincy v. Cooke — Opinion of the Court

“ The cases mainly relied on by counsel for the city are those in which certain officers of limited authority were, in terms or in effect, required by legislative enactment to issue bonds or incur indebtedness in the name of a municipality, without the the consent, expressed in legal form, of those who were, in the constitutional sense, its corporate authorities. Here there can be no question but the city council are the corporate authorities of Quincy. And there is no ground whatever upon which to rest the suggestion that the indebtedness was created without their consent. ”

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Source: Wikisource

by John Marshall Harlan, City of Quincy v. Cooke — Opinion of the Court

“ But it has been quite as distinctly ruled by the supreme court of Illinois that the city council, and not the voters, of an incorporated city were its corporate authorities, within the meaning of the constitution of 1848, and, if empowered by legislative enactment, could, under that instrument, subscribe to the stock of a railroad corporation, and issue bonds in payment thereof, without submitting the matter to a popular vote. ”

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Source: Wikisource

by John Marshall Harlan, City of Quincy v. Cooke — Opinion of the Court

“ On the seventh day of August, 1868, the city council of Quincy, Illinois, in conformity with a vote of the people at an election held under the authority of a resolution adopted by that body on the ninth day of June previous,-passed an ordinance empowering and directing the mayor to subscribe $100,000, payable in city bonds, to the capital stock of the Mississippi & Missouri River Airline Railroad Company, a corporation created under the laws of Missouri. ”

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Source: Wikisource

by John Marshall Harlan, City of Quincy v. Cooke — Opinion of the Court

“ The special finding shows that all of the coupons sued on, except one, were of the bonds issued and delivered January 1 and May 18, 1870; that the bonds from which the coupons sued on were taken, with and their coupons, were purchased by plaintiff for value, before maturity, in open market, in the usual course of business, and without notice of any infirmity therein; that the railroad company, from the commencement of the construction of its road, owned and ran its trains from West Quincy into and out of Quincy over the bridge connecting those two places ”

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Source: Wikisource

by John Marshall Harlan, City of Quincy v. Cooke — Opinion of the Court

“ The court waiving any expression of opinion as to the validity of that part of the act which in terms purported to legalize the election decided that the obvious effect and intent of the twenty-fourth section of the schedule of the constitution was to leave the action of the city of Quincy, in assuming, by vote prior to December 13, 1869, to create indebtedness for a railroad subscription, and the power of the legislature over it, 'unaffected by the constitution of 1870 ”

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Source: Wikisource

by John Marshall Harlan, City of Quincy v. Cooke — Opinion of the Court

“ In the latter case, a subscription made by a town to the capital stock of a railroad corporation-without authority of law, as was alleged-was, by an act passed after the town was incorporated under a special charter, declared to be legal, and bonds authorized to be issued therefor. The court said: 'It is by no means a necessary element in these subscriptions that there should be a vote of the inhabitants of the town or city authorizing them. It is competent for the legislature to bestow the power directly on the corporation without any intermediary, as they did in this case.' In Marshall v. ”

by John Marshall Harlan

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