This suit was brought in the circuit court of the United States for the district of Kansas, by Moses R. Crow against the township of Oxford, in the county of Sumner and state of Kansas, to recover the amount of 10 bonds, of $500 each, issued by that township, and 140 coupons, of $25 each, cut from those bonds, being in all $8,500. It was tried before the court without a jury, a special finding of facts was made, and a judgment was rendered for the defendant. The plaintiff has sued out a writ of error.
The defendant, on the fifteenth of April, 1872, made 20 bonds, for $500 each. Coupons cut from some of those bonds were the subject of the suit of McClure v. Township of Oxford, 94 U.S. 429. The bonds and coupons involved in the present suit are all of the forms of the bond and coupon set out in the report of the McClure Case, and each bond has indorsed on it, of the date of April 25, 1872, a certificate duly signed by, and attested by the seal of office of, the auditor of the state of Kansas, the certificate being in the form of that contained in the report of the McClure Case. The bonds were made for the purpose of aiding in the construction of a bridge across the Arkansas river at the town of Oxford, in the township of Oxford; and were issued and delivered in payment for 85 shares, of $100 each, of the stock of the Oxford Bridge Company, a corporation which erected the bridge, for which the township subscribed, and which it has ever since owned and held. The township paid inter st on the bonds up to April 15, 1877. It received dividends on the stock, amounting to about $650 per annum, from October, 1872, till June, 1876. The following proceedings were had and taken by the trustee, treasurer, and clerk of the township, on the following dates, as shown by the public records of the township:
'MARCH 8, 1872.
'Township board met. Present: George T. Walton, trustee, and John H. Folks, clerk. The fact being known to the clerk that an act authorizing a majority of the township board to issue bonds for $10,000, and to subscribe stock in the Oxford Bidge Company, after giving notice thereof, and the voters of Oxford township voting thereon, was passed and approved on the first day of March, 1872; and believing that _, owing to the danger of a June freshet, injuring or preventing work, and increasing the cost of said bridge; and believing the law only required 20 days' notice,-it was ordered that such notice be given immediately; which notice was given by written notices posted on Clark's store, on the post-office at Stanton's store, and at the school-house in Oxford, believed to be three of the most public places in the township.
GEORGE T. WALTON, Trustee.
'JOHN H. FOLKS, Clerk.'
'MARCH 24, 1872.
'At a special meeting of the board of Oxford township, held this day,-George T. Walton, trustee, and John H. Folks, present,-a copy of the ___ COMMONWEALTH WAS PRESENTED, IN WHICH THE lAw relating to the bridge bonds was published, in which it was made necessary to give 30 days' notice thereon. It was ordered that said election be held on the eighth day of April, 1872, and additional notices were appended to the original notice posted as above stated, so continuing the time until the said eighth day of April.
'GEORGE T. WALTON, Trustee.
'JOHN H. FOLKS, Clerk.'
'APRIL 8, 1872.
'At a special election held in pursuance of notices, and of the act of March 1, 1872, authorizing the trustee, treasurer, and clerk, or any two of them, of the township of Oxford, county of Sumner, and state of Kansas, to subscribe stock in the Oxford Bridge Company to the amount of $10,000, to aid in the construction of a bridge across the Arkansas river, at Oxford, in said county and state, and to issue bonds of said township in payment thereof,-George T. Walton, Edward Slay, Sr., and James Thompson, judges, and James O. Carpenter and W. H. Knapp, clerks: Whole number of electors voting, 140; for the bridge and bonds, 126; against the bridge and bonds, 14. Walton to return poll-books.
'GEORGE T. WALTON, Trustee.
'JOHN H. FOLKS, Clerk.'
'APRIL 10, 1872.