The main question is, whether the Legislature has the power to authorize the people ©f a county to take stock in a railroad, and to determine the question by a popular vote, and to tax themselves to pay for it. The Legislature in 1852 authorized the town of Newborn .to take stock in the Neuee River Navigation Company, for the use of the town, and to issue bonds, and to levy a tax upon the property holders of the town to pay them. One of the tax payers filed a bill to enjoin the collection ot the tax, upon the ground that the act of the Legislature was unconstitutional. The question was fully argued and well considered, and the decision was in favor of the constitutionality of the act. Taylor v. Comrs. of Newbern, 2 Jones, Eq. 141.
*369And again, in 1855, the Legislature chartered the Western North°Carolina Railro'ad Company, and authorized any county through' which the road might pass to take stock, if a majority of the justices of the peace and a majority of the voters should so determine, and to issue bonds and to levy a tax, &c. The county of Burke took stock, and one of the tax payers filed a bill to enjoin, upon the ground that the act was unconstitutional. But this Court decided in favor of the constutionality of the act, and, in the opinion, it is said : “ In accordance with these views, is the case of Taylor v. New Berne, (supra); so that the question may be said to be settled here.” Caldwell v. Justices of Burke, 4 Jones Eq. 323. The defendants’ counsel cited also decisions in most of our sister States to the same effect. So that we repeat, what was said in Caldwell v. Justices of Burke, that the question is settled. We suppose that the plaintiffs’ counsel felt at liberty to treat it as an open question, because, in Caldwell v. Justices of Burke, there was a dissenting opinion by the present Chief Justice; but the Court was unanimous upon this point. The dissenting opinion was only as to the power of a second vote of the people, after they had rejected the proposition by a former vote.
There are divers other points in the complaint which seem to be unfounded, and besides they are unimportant. The main thing, the people’s will, seems to have been fairly obtained. The stock was taken ; bonds were issued ; rights have vested ; taxes have been levied and a portion of the installments have been paid, and taxes are now laid to pay other installments. The Board of Commissioners, who may be sup-. posed to represent the popular will, are anxious to meet the-obligations incurred, and the Court will not allow technical:, an.d frivolous objections, calculated to impair the public faith, ■■ to avail a few, who are indulged with the privilege of suing for a class. Only their substantial rights will be considered.
*370We agree with his Honor, that the injunction ought to have been dissolved.
There is no error. This will be certified, &c.
Simonton v. Commissioners of Burke, at this Term.
Pee Curiam. Judgment affirmed.