The Cedar County advertiser. [volume] (Tipton, Iowa) 1853-1856, 1854-05-20

We feel it our duty to give our readers a
leader upon the proceedings At Court, pattc-
alarly as they have been deprived Of their pa.
per In consequence Of its sitting, and as we
have new Judge to preside. As to his honor.
Judge Booth, we. can say we are well pleased
with the Governors selection. Judge Booth
presides with dignity and ability, and 10 prompt
in his decisions. This 10 fast age, and among
other matters wherin spe ed is required to keep
pace with the general velocity, is in the dis
patch of judicial business In this the Judge
was sufficiently progressive, as Court la sted on
ly two days and half, during which time many
very important cases were disposed Of. Among
the proceedings which were had we will no tics
the following.
Joshua Gulett was convicted of an assault
with an intent to commit great bodily injury,
and was sentenced to twenty days Imprisonment
in the County Jail. Two indictments, both
against Garret L. Cotfey for selling liquor, were
held bad upon Demurrer, for the reason that
they did not state that the defendant sold the
liquor with view Of its being drank on or
about the premises.
II is well that this should be understood, that
hereafter none violating the law may escape
Many important civil cases were determined,
but which though of much interest to the par
ties, would be Of very little interest to our
readers.
The Grand Jury, after being sworn and char
ged, retired, and on the ID day of Court return
ed and reported to the ''worshlpful' that they
! done "xo BUSINESS AND HAD NOTHING FUR
THEK TO Do"
| The case involving the validity of the Rail
road tax and county subscription was the all
important case Of the term. Judge Booth de
cided the question presented to him unheslta
tingly, and held as follows:
| lst. That under the proposition submitted
the County Judge could issue the county bond
before the completion Of the Road, If he ha
authority to issse at all.
I'd. That the proceedings were insuffcien
and void unless the vote adopted the tax as wei
as the main proposition or question proposed
81. That the County Court is court OF lin
tied Jurisdiction, and It's powers are prescribed
I that the County Judge is creature of the sta'
ute, and can only exercise such functions as al
given him by law, and that the law does nf
confer upon him the power Of submitting
proposition to the people to levy tax for u
purpose Of taking stock in corporation.
4. As the County Judge has no authority col
ferred upon him by law to submit the propos
ton in question, therefore the vote taken Their
! on is void, and void things are no things.
, Thus then the whole proceedings in the prer
ises are null and void, and the tax which w
levied under the proposition is illegal. und
I, this state of affairs, some one might inqm
!, what will be the fate Of the bonds issued und
this proposition2 We can only answer that
county, or the people Of the county, Will be
r isved from paying them, into whosoeve
: hands they may come.
Thus then ends the long contested question
& Railroad subscriptions, and coun'y stock, a
n this is the final summing up Of the vast amon
of wind-work and stump speeches (of win
"a we are credited with few on this subject.
D It is all no-things, amoke, fog, and now
says of the sun has penetrated 1t, and II -
cleared away-the battles are over-peace
declared. the wounded have recovered, a
nobody was killed.