Lake County v. Graham

Citations

• 130 U.S. 674
• 9 S. Ct. 654
• 32 L. Ed. 1065
• 1889 U.S. LEXIS 1789

Syllabus

<p>Lake County v. Rollins, ante 662, affirmed and applied to the bonds in controversy in tbis action. .</p> <p>When the constitution of a State imposes upon, the municipal corporations within it a limitation of their power to incur debts, it is .not within the power of the legislature of the State to dispense with that limitation, either directly or indirectly.</p> <p>The constitution of Colorado imposed a limit upon the power of municipal corporations to contract debts. The legislature authorized county commissioners (a vote of the tax-payers first being had) to issue bonds of the county, not to exceed the amount of the floating debt, that amount to be ascertained by the commissioners, no reference being made in the ■ statute to the constitutional limitation. The commissioners of Take County settled the amount of the floating debt of the county at $500,000, which was in excess of the constitutional limitation, and issued bonds to that amount, in which reference was made to the statute, and in which it. was “certified that all the provisions and (requirements of said act have been fully complied with by the proper officers in the issuing of this bond.” Held, that the county was not estopped to deny that the bond was issued in violation of the .provisions of the Constitution.</p>