Benton County v. Rollens

Supreme Court of the United States

Argued December 15, 1880,

Decided December 20, 1880.

Supreme Court of the United States · decided 1880-12-20

<p>ERROR TO THE CIRCUIT COURT OR THE UNITED STATES POR THE WESTERN DISTRICT OR MISSOURI.</p>

2 counsel of record

Relies on County of Scotland v. Thomas · County of Schuyler v. Thomas

Decided 1880-12-20

¶1ERROR TO THE CIRCUIT COURT OR THE UNITED STATES POR THE WESTERN DISTRICT OR MISSOURI.

¶2Scotland County v. Thomas, 94 U. S. 682, and Schuyler County v. Thomas, 98 U. S. 169, followed.

¶3Mr. T. T. Crittenden for plaintiff in error.

¶4Mr. John D. Stevenson and Mr. J. B. Henderson for defendants in error.

¶5Mr. Chier Justice Waite

¶6delivered the opinion of the court.

¶7This judgment is affirmed on the authority of Scotland County v. Thomas, 94 U. S. 682, and Schuyler County v. Thomas, 98 U. S. 169. Under the rulings in those eases the amendment to the charter of the Osage Valley and Southern Kansas Bailroad Company adopted in 1871, and changing somewhat the route of the road, did not extinguish the power granted to counties by the origi. nal charter to subscribe to the stock of the company. The amendment was not a new charter, but an alteration of the old one in a way which left the power to subscribe in full force. Affiimed.