Comanche County v. Lewis

Citations

• 133 U.S. 198
• 10 S. Ct. 286
• 33 L. Ed. 604
• 1890 U.S. LEXIS 1902

Syllabus

<p>JTull control over the matter of the organization of new counties in the State of Kansas is; by its constitution, article 9, § 1, given to the legislature of the State, which has power, not only to organize a county in any manner it sees' fit, but also to validate by recognition any organization already existing, no matter how fraudulent the proceedings therefor were.</p> <p>When a legislature has full power to create corporations, its act recognizing as valid a defacto corporation, whether private or municipal, operates to cure all defects in steps leading up to an organization, and makes a dejure out of What was before only a defacto corporation.</p> <p>Wiien both the executive and legislative departments of the State have given notice to the world that a county within the territorial limits of the State of Kansas has been duly organized, and exists, with full power of contracting, it is not open to the county'to dispute those facts in an ' action brought against it by a holder of its bonds, who bought them in good faith in open market.</p> <p>The debts of a county, contracted during a valid organization, remain the obligations of the county, although, for a time, the organization be abandoned, and there are no officers, to be reached by the process of the court.</p> <p>A recital in the bond of a municipal corporation in Kansas that it was issued in accordance with authority conferred by the act of March 2, 1872, Kansas Laws of 1872, 110, c. G8, and in accordance with a vote of a majority of the qualified voters, is sufficient to validate the bonds- in the hands of a bona fide holder; and the certificate of the auditor of the State thereon that the bond was regularly issued, that the signatures were’ genuine, and that the bond had been duly registered, is conclusive upon the municipality.</p> <p>A recital in a bond issued by a county in Kansas for the purpose of building a bridge, need not necessarily refer to the particular bridge for the construction of which