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Fairfield v. County of Gallatin U.S. 47 (1879)

handle is hein.slavery/ussccases0437 and id is 1 raw text is: Oct. 1879.] FAIRFIELD v. COUNTY OF GALLATIN.

while payments were withheld, nor for the discount on the
certificates of indebtedness sold in the market. Such damages
are too remote. Interest, however, would have been recover-
able as against a citizen, if the payments were unreasonably
delayed. But with the government the rule is different, for
in addition to the practice which has long prevailed in the
departments of not allowing interest on claims presented,
except it is in some way specially provided for, the statute
under which the Court of Claims is organized expressly de-
clares that no interest shall be allowed on any claim        up to
the time of the rendition of judgment thereon in the Court of
Claims, unless upon a contract expressly stipulating for inter-
est.  Rev. Stat., sect. 1091.   This is conclusive.    No interest
was stipulated for in this contract, and the prohibition against
its allowance has not been removed in favor of the claimants.
Judgment affirmed.
FAiRFIELD v. COUNTY OF GALLATIN.
1. Where no Federal question is involved, this court will follow the construction
which has been uniformly given to the Constitution or the laws of a State
by its highest court.
2. Cases affirming this principle cited and examined.
8. This court accepts as binding the decision of the Supreme Court of Illinois
in .Uicafqo S- Iuwa Railroad Co. v. Phckn~y (74 111.277) and subsequent cases,
construing the section of the Constitution of that State in force July 2, 1870,
which provides that no county, city, town, township, or other municipality
shall ever become subscriber to the capital stock of any railroad or pri-
vate corporation, or make donation to, or loan its credit in aid of, such
corporation: Provide d, howerer, that the adoption of this article shall not be
construed as affecting the right of any such municipality to make such sub-
scriptions where the same have been authorized, under existing laws, by a
vote of the people of such municipalities prior to such adoption; and hold.
lng that such previous donations, if sanctioned by a popular vote, under
pre-existing laws, were not forbidden, but were, in like manner as subscrip-
tions, excepted by the proviso from the general prohibitory terms of the
section.
4. Wher., therefore, pursuant to the authority conferred by a regislative enact-
ment, such a donation was voted by a county in Illinois before the adop-
tion of that Constitution, the donation may be thereafter completed by the
issue of the requisite bonds.

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