City of Beatrice, Neb. v. Edminson

Citations

• 117 F. 427
• 54 C.C.A. 601
• 1902 U.S. App. LEXIS 4451

Syllabus

<p>L Evidence—Laws oe States—Printed Statutes.</p> <p>Printed copies of the statute laws of Nebraska, purporting to be published under its authority, are prima facie evidence of the passage and existence of the laws there published, in the courts of the United States and of the state of Nebraska. Comp. St. Neb. 1899, § 5993; Rev. St. §§ 721, 905.</p> <p>2. Constitutionality of Statute.</p> <p>Chapter 14 of the Laws of Nebraska of 1885 Is not unconstitutional, and its title is not obnoxious to section 11, art. 3, of the constitution of Nebraska.</p> <p>8. Same.</p> <p>Webster v. City of Hastings, 81 N. W. 510, 59 Neb. 563, which holds this chapter unconstitutional, is conclusive or controlling upon no court or party, except the parties to that action and their privies, in the absence of proof of the fact, established in that case, that the title of chapter 14 of the Laws of Nebraska of 1885, when it passed the legislature, differed from the title of that act published by authority of the state in the Session Laws of 1885. . •</p> <p>4. State Constitution—Construction by State Court—Effect in Federal</p> <p>Courts.</p> <p>The federal courts uniformly follow the construction of the constitution and statutes of a state announced by its highest judicial tribunal In all cases that involve no question of general or commercial law and no question of right under the constitution and laws of the nation.</p> <p>5. Same—Effect of Finding of Fact.</p> <p>But the finding by a state court of the terms of a statute or of its title held unconstitutional is not conclusive or controlling upon a federal court in an action between other parties.</p> <p>6. Municipal Bonds—Power to Issue—Recital of Wrong Statute—Imma-</p> <p>teriality.</p> <p>Where the power to Issue municipal bonds has been vested in a city by appropriate legislation, a recital in the face of the bonds of a statute which does not grant the authority is not fatal to the securities or material to the issue of their validit