The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1859-06-08
Important Decision on the Question
OF County Railroad Bonds.


The indianapolis Journal gives us the re-
port of the following important case To our
neiehbors in Knox county:
In the Circuit Court OF the United States
on Wednesday last, II motion for mandamus
ia the case of ASpinwall et al VS.. the Board
Of Commissioners of Knox county, 10 COM
pei levy of a county tax TO pay the inter
est on the bonds Of Knox county, issued
10 the Ohio 4 Mississippi railroad company
in payment Of stock under the law of lS49,
which directs a special tax for the payment
of interest, was argued by MesSrs. Judah
and n. Mclean for the plaintiff, and Messrs
Thompson and ID. Mcdonald for the defend
ant.
Mr.. Judah made three principal points:
lst, That the county property was not lia-
ble to the payment OF interest, under spe-
cial law directing such payment by special
tax, and hence it is not liable 10 execution
on a judgment for such interest. I'd. That
this Court have jurisdiction to issue man
damus to the County Commissioners TO COM
pei the levy of special tax, under the law
of l549, to pay the judgment for interests
therefore, rendered in this Court and 81.
That the Court have jurisdiction under the
constitution and laws to afford relief to
citizen of another State, as an original pro-
ceeding, by compelling by mandamus the
levy of special tax under the law of ls49.
On Friday morning the Court delivered
its opinion, and fully sustained the positions
taken by Mr.. Judah. So these questions in
relation to Indiana county bonds may be
considered settled But il was the opinion
of the Court that the County Commissioners
should have the June term of that Court to
make or refuse to make a levy before il
would issue mandamns.
Ii we should say that this decision is in
some respects the most important that has
ever been made in this State by Federal
Court, we should probably not exceed the
truth. 1t declares that United States
| Court may compel a county tax, in other
words, that the Federal Government may
come, in certain cases involving the rights
! Of citizens of other States, into the most
domestic of all public business, and order il
| as it thinks necessary 10 secure the imper-
| lied rights. Ii puts over the country per-
| petual pressure TO squeeze out the debt,
for mandamus applies to the officer and not
to the individual, we presume, and OF con-
/ sequence the resignation of County Gem
missioners 10 avoid assessing the tax will be
OF no avail, as the pressure fastenS instant
/ ly upon their successors. Ii goes the whole
length necessary to make "A dishonest coun-
ty pay lis debts. In effect il issues per-
petual execution against the county, from
which the county property is exempt, but
which sticks to all the property besides,
though the levy of the execution can only
be made through an assessment of tax
Those counties that have hitherto failed or
refused to pay their obligations to the rail-
road companies, will now be compelled to
do it. What escape or evasion there is we
can't see, for the State Courts will not, and
cannot, interfere with process legally issued
by Federal Courts in matters fully and en-
tirely within their jurisdictions. The short
coming counties must get ready to stand the
tax they agreed TO assume, and come up to
their engagements.
In remarking that this decision could not
be evaded, we, of course, meant by legal
means. Ii can be illegally, however, by
the refusal of the Commissioners to assess
the tax, with the penalty of going to Jail for
so doing 1t may also be defeated by the
resignation OF the Commissioners, and the
refusal of the people TO elect others, for
4 tutu tucit Oc pCiSOh pun NiiOu tue
mandamus can act. IL, therefore, such eva
sion be attempted the judgment of the
Court will be Eullitied, aud one further step
will be necessary, and we presume will be
taken, viz: the Court will levy upon any
private property in the county, directly, and
sell it, Whether the Court will 90 that far
cant be known now, but we can't see how
it can stop short, unless it is willing to say
that its judgments may be defeated by the
illegal resistance of the counties, and rather
than 90 the necessary length to execute
them, it will stand palsied and powsrless.-
1t would seem that such a step is just rs di.
rectly legal and logical as the step already
taken. If the Court has power to give
judgment against the counties, it must hav.
the power to enforce its judgments: and il
a mandamus to the officers fails, il must re
sort 10 execution directly against the citi
zenS This result certainly has startln.
: look at first, but we don't see how it is e
!. be evaded if the right TO try cases. ant
: give judgments against counties, be conced
I, ed. And that is not denied. The case pre-
. . sents some very interesting points, and viii
probably bring out some new features o