St. Charles City Republican intelligencer. [volume] (St. Charles City [Charles City], Iowa) 1857-1861, 1857-11-12
For the ST Charles City Intell!gcncer.
Court House Controversy.

mission would like the privilege OF
making a few remarks in answer to
an article in your last issue over the
signature of David Ripley, County
Judge of Floyd County. The first pc.
sition of that article, believe, is a
denial of all that His Honor, Judge
Murdoch, has stated as facts in his
judicial opinion, given in accordance
with law and equity, after timely
consideration of the facts in the case.
as they were then and there present
ed to his hearing In his opinion a
verdict should be given for the plain
tiff in action. To all of this believe
any candid and disinterested person
will asscnt-at least, such is the ma
jority of opinions of those who are
not interested.
If | am informed Alright, Judge Rip
ley agreed, at the time he was called
upon by Mr.. Bracket, to obtain coun-
sci, and, if it was right and proper,
he would without further trouble al.
low his claim. He did not at that
time make any defence that the work
was not done according TO contract,
or that the amount demanded was not
due. His excuse now is, in purport,
that his constituents, or rather that
portion of the people who are self-in-
terested in having the county scat To-
Gated elsewhere than here, consider
the contract illegal, because Judge
Collins, the former County Judge, did
not previous to letting the contract set
aside the provisions in the Code of
Iowa (made for the express purpose
that matters concerning the county
may be done legally and ask their
opinion as to the legality of the pur-
pose. Without regard to the dictates
of higher tribunal in reference to
Judge Collins jurisdiction, l venture
to say he has done nothing more than
any honest and impartial Judge
would do.
Judge Ripley throws out some hints
about Judge Murdock's advice, which
! think would have looked much bet
ter left out. He also asserts that
Prosecuting Attorney Starr slipped in
to his Office at an unusual hour, and
then and there issued a batch of or.
ders to pay Mr. Brackets claim. Now
if | read Alright, the Code says that
the County Judges Office shall always
be open for business and further, the
mandamns writ was served, by the
proper officer, Immediately after it is
sue, upon the said S. b. Starr, in the
absence of the County Judge, (the
Code stating that the Prosecuting At
torney shall act in the absence of the
County Judge, and his acts as such
are in all and every respect the same
as though he had himself acted in the
premises, )and was never in fact scrv.
ed upon Judge Ripley. l believe it is
a settled fact that when a writ of any
kind is served upon any person or Off
Ger, he cannot transfer the duties OF
that requirement to another official, as
the law gives the direction to the par
ties to the plaintiff in action who shall
act for them, and that the Prosecuting
Attorney did act we have good reason
to believe, but did itinaccordance with
the provisions Of the Code of Iowa.
If my memory serves me right,
Judge Ripley, whose position is by
no means an cnviable one, made con.
fession of his principles and motives
of action on Saturday evening Of the
last term of Court, which was to the
effect that there were two parties in
this county the people of the East
side were in favor of having the coun.
ty seat at St. Charles, and the West
side in favor of having it at Floyd OF
the geographical centre and that he
f was elected by the west side interest
and had pledged himself to go fol-
their interests, and he believed it tc
be his duty to disallow Mr.. Brackets
;, claim for that reason.
, Now, gentlemen, think this does
. not correspond with what Judge Ripley
stated previous to his election wheI
/ talking with st. Charles men, which
= was that he had not pledged himself tc
any party, but should be governed by
the dictates of his own conscience and
act justly in all matters. The infer
encc was that law and equity should
r govern his actions, and not party pria
ciples. Now if he supposes that the
unbiased outsiders think he is living
, up to those principles by using his
I most strenuous endeavors to keep Ira
Bracket from obtaining his homes
dues, the reward of his hard labors
, which he acknowledges to be due anc
done, and it is equity to compel tn,
third and fourth persons, honest claim
ants, to suffer for the sake of crafty
the private interests of himself anC
his party friends, all at the expense o.
honest toll and labor, then ! am free
to say as did the counsel Of Parker
sin with gold and Twill break the strongest ofiaw
Cothe with rags and you pierce with n straw "
A SUBSCRIBER
Nor IN THE BILLs.-The notorious
Lola Montcz is lecturing in Boston