|
|
Utter v. Franklin, 172 U.S. 416 (1899)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Utter v. Franklin, 172 U.S. 416 (1899)
Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 172 U.S. 401, click here.
Utter v. Franklin No. 94 Argued and submitted December 12, 1898 Decided January 3, 1899 172 U.S. 416
APPEAL FROM THE SUPREME COURT
OF THE TERRITORY OF ARIZONA
Syllabus
It was within the power of Congress to validate the bonds in question in this proceeding, issued by the authorities of the Territory of Arizona, to promote the construction of a railroad.
This was a petition for a writ of mandamus to compel the defendants, who were, respectively, governor, auditor, and secretary of the territory, acting as loan commissioners, to issue certain bonds in exchange for bonds issued by the County of Pima in aid of the Arizona Narrow-Gauge Railroad Company.
The petition set forth that plaintiffs were the bona fide holders for value of certain seven percent bonds and coupons issued in July, 1883, in compliance with an act of the territory "to promote the construction of a certain railroad," approved February 21, 1883, aggregating, including principal and interest thereon, the sum of $289,964.50. There was a further allegation in the petition that it was the duty of the defendants to provide for the redeeming of such indebtedness, and to issue refunding bonds therefor; that plaintiffs had made demands for the same, which defendants had refused.
Defendants demurred to the petition, and for answer thereto averred that the bonds now held by the plaintiffs had been declared, both by the supreme court of the territory and by this Court, to be void, and therefore the petition of the relators should be dismissed.
The petition being denied by the Supreme Court of Arizona, the relators appealed to this Court. No opinion was filed in the supreme court of the territory.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Utter v. Franklin, 172 U.S. 416 (1899) in 172 U.S. 416 172 U.S. 417. Original Sources, accessed November 28, 2024, http://originalsources.com/Document.aspx?DocID=33QQ5AH8V71CWZF.
MLA: U.S. Supreme Court. "Syllabus." Utter v. Franklin, 172 U.S. 416 (1899), in 172 U.S. 416, page 172 U.S. 417. Original Sources. 28 Nov. 2024. http://originalsources.com/Document.aspx?DocID=33QQ5AH8V71CWZF.
Harvard: U.S. Supreme Court, 'Syllabus' in Utter v. Franklin, 172 U.S. 416 (1899). cited in 1899, 172 U.S. 416, pp.172 U.S. 417. Original Sources, retrieved 28 November 2024, from http://originalsources.com/Document.aspx?DocID=33QQ5AH8V71CWZF.
|