121 U.S. 172· 4/4/1887

Katzenberger v. Aberdeen

Syllabus

<p>The aet of the legislature of Mississippi of November, Í858, amending the charter of the pity of Aberdeen in that state, conferred no power upon the municipality to issue its negotiable bonds in payment of sub- ' scription to .railroad stock, and to levy a tax for their payment, until the legal voters of the city should approve of the tax by a vote of a majority of -such voters at an election held as other elections in the city.</p> <p>The curative act of the legislature of Mississippi of March'16,1872, did not legalize bondsissued illegally before the adoption of the new constitu- . tion of 1869, which would not be valid if issued after'its adoption.</p> <p>When, by reason of a change in the constitution of a state, its legislature has no constitutional authority to authorize a municipal corporation to issue negotiable bonds, it cannot validate an issue of bonds by such a corporation made before the change in the constitution, and when the legislature had such power.</p>

Judges: Waite

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