The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1859-03-17
Judge Fsiat's Wind casson.

Judge Fsint's Wind q alton.
We yield this week urge amour, ofour
space to Communication Of Judge Flint,
vindicating his conduct in refusing to .ssue
the Bonds of the County under its Sub scrip
ton Of 100000 to the stick Of the Il. & NJ.
r. r. Co. Entertaining different views from
the Judge in regard to this matter we shall
exercise right as well as dischar re a duty,
by accompanying the communication with
some of the cons:d ,ratioas wheh lead us t,
different conclusion.
The objections made by the Judge, upon
which he bases his refusal to pay the Stock
according to contract, are few and simple
l. The Judge claims that when the ques-
ton was submitted to the people in 1853,
that it was electioneered through and the
votes obtained by fraudulent misrepresenta-
tio,s m.de by some of our citizens to others
as to the time when the road would be coz /.
pleted to Ottumwa, &c.
This pea is worse than the plea of infan-
cy, (the baby act. The Judge appears to
think that, notwithstanding the people had
plain, unmiStakable proposition, fully
written and printed, submitted to them, yet
they were induced to believe that they were
in fact voting for something entirely differ
ent, and he now comes forward as their
champion. aud seeks to save them from
their stupidity and ignorance, and intcrpo-
ses his plea of fraud and GOWN in favor of
the duped people, and against the d. pees of
Wapello County. We should like to see a
list Of our Citizens who will ac!in, Wedge
Themselves as cheated on this qeestion those
who vii say that they voted for one propo
sitiCn and intended a, other.
But if all elections can be overturned upon
such baby plea, made by an officer whose
duty it is to act upon the legal return of the
election, we have arrived at a strange posi-
ton, and one which may keep Judge Flint in
Office during the balance of his life A sue
body will be accused oflying during t e can
vass.
We have no time to dwell upon this sub
jet further. The position of the Judge is
selfevidently ridiculous, and nonsensically
foolish.
The next position taken by tn, Judge re-
alive to the contract made between the Conn
ty Judge aud the R. r. Co., in relation to de-
posting the stock, received by the county as
security that the bonds would be redeemed,
is that neither the County Judge, Or Oliver
Cock, the Secretary of the Company, ever
hal any authority to do this act; hence, he
concludes that it is void As this question
cannot arise until the Judge issues the bonds
and the stock is ready to be delivered, tie
question is non sequitur. But the Judge
is alarmed lest such a thing might happen,
and the people be cheated by adding little
to secure their debt, and give value to their
bonds when issued This is the first time
that we have ever heard it doubted that a
debtor could secure or pay debt, or that a
creditor would not be presumed to have ac.
copied security when offered.
In the third place, the Judge pleads an ,,n-
executed proposition and withdrawal of that
proposition before it was accepted in bar of a
fully 1--WE yly the very act of the Julg }
acknowledged, executed contract. By sub
uniting the 10 per cent. question to the pco-
pie, the Judge admits that the previous sub
scription was legal and valid. The Judge
proves that the proposition was withdrawn
before it was accepted, that it has never been
executed or become novation of the first
liability, yet he runs in circle and defeats
the first obligation with the last proposition
and AVOIDS the last by declaring that it was
abandoned before it was executed
We cannot but look upon the defence of
Judge Flint as lame, not to say disreputa-
bic affair. 1t does not rise to the dignity OF
an apology for his trampiny upon the good
faith of tn county, and refusing to perform
her plain obligations.
But he s"ys he is willing to make an agreed
case, and abide the decision of the Supreme
Court. This is cond,scending, indeed, lie
will pay when compelled to do so, nat until
then, and in this manner he makes the hon
esty of the county a football to play with,
until the law wipes off the mud which it is
the sworn duty of the Judge to protect il
from. The judge may be sincere in his
course, buff so, he must find shelter from
tn, charge of demagogueism and scltishnes S
in s.e sanctuary of very defective perccl ton
Another communication from Dr. j. c.
Hinsey is upon mature consideration, respect
ful 75declined. Enough has been said o.
both sides of TIA. subject, and it had better
sop, We have given both sides fair hear
in :, OH D.hDl,;s fri,lii in'th. pr,cs.l-
;n,, of the meeting leading off, Anti Repuda
Jon replying, DR.. Hinsy, responding and
Anti Reputation, rebuttins. The contro-
versy if continued will surely become often
sively personal, and will do nobody any good
in our humble judgement. We respect Dr.
Hinsey and would be happy to do him any
favor nersonally and if we thOu1ht it dno tc