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The city could issue its bonds and notes to the same extent
only limited by the implied limitation were the same charter powers
given it without the special limitations mentioned in Sec. 46.

The question then arises.

With the implied limitation arising out of Sec. 54 how far is
the city actually limited in contracting debts. From a purely legal
standpoint the debt contracted and duly provided for as required in
Se. 54 would be a valid and binding debt of the city unless at the time
there had been previous assignments of portions of the taxing power then
in force which aggregated the limit of taxation allowed by law or at
least that aggregated so nearly the limit that it would be presumed by
the court that the city could not be maintained upon the revenue derived
from that portion of the taxing power which had not been assigned. Until
such a point is reached the question of whether the city can or cannot
be maintained upon the unassigned portion of the taxing power is one
exclusively for its council.

Therefore it last the question as to whether the council can by
simple non-negotiable contract incur the debt under consideration becomes
one for the council.

As a matter of law, taking it for granted that the existing as-
signments of portions of the taxing power have not aggregated such an
amount as would authorize the court to say that the city could not be
maintained on the unassigned balance, I am of opinion that if the council
should contract this debt it would be a legal valid and binding debt.

This grows out of the fact that under the facts as above stated
I regard the judgment of the council as to the ability of the city to
make the assignment of the taxing power necessary under Sec. 54 and
maintain itself on the balance as conclusive whether it be right or wrong.

I would expressly state that the opinion does not in any way
deal with the question of fact as to whether or not the city can be main-
tained on the unassigned portion of the taxing power if the amount neces-
sary for the creation of this debt under Sec. 54 is assigned, the question
being one of fact for the council alone in passing upon which their best
.