Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1867-03-13

Ou9uG not 10 Dt dldTUleu auu eulDaT-
!, rassed by It's passage, and it ought to
be repealed. Now, these considera-
tions the legitimate deduction of
the learned gentleman's own premises.
/ ought to dispose of this whole ques-
, ton before this honorable committee.
, In following the gentlemans argu-
ment | need not present dissertation
upon the subject Of the rights of cest,as
que trust. Every lawyer knows that
the law amply provides for their pro
tection-under the knoacn forms of
, law, and the action of legislature is
exceedingly inridioms when it by de-
/ claratory enactment undertakes to
, tell the courts, what the rights of
f cestuts que t7ttst are; but when it under
takes to say that in given case a
cestui que trust shall be party in viola
! tlon of It's own contract, or that it
may be party in pioIation of its own
contract with others, it encroaches
f upon the restraints of the constitution
: and pro tanto is void.
The act of 1858 was designed to
| enable the, County of Iowa to have a
, railroad. 1t left it to the people to
, say whether they would have it
through their own assistance or not.
| 1t provided that if they gave their as
sistance it should be done in a partic-
ular way, so as to protect them, while
others should also be protected
Without this law they possessed no
power to act IN the matter; and IN
, exercising the power conferred upon
them by the act they were restricted
to compliance with its provisions.
! Whatever was done III pursuance Of
the act, or within the scope of its
provisions, became binding upon the
County. If the County made anv
contract in pursuance of the Law
the law entered into and became part
Of that contract.
By the terms of that law if the
County undertook to benefit itself.
by aiding IN the construction of a
road, the treasurer of the State and his
successors in office become its trustee
and legal representative.
The duty to act as such trustee
was imposed by public law upon the
State Treasurer. 1t became as much
his duty to act as trustee and as
much a part Of the duties of his office
as to perform any other public act or
duty.
The State X interested in every
corporation in the State-it derives
a direct revenue of over $4,000 year
from the earnings Of this Railroad-it
had a right to require any Of its pub
lie officers to act as the trustee of
/ 10 To
/ nicipal. as much as it had TO do any
other act or perform any other public
duty. Judge Red6eld had forgotten
this feature of the case-if he ever
knew Of it--when he wrote an argu-
ment to prove that it was doubtful
whether a public officer could become
a trustee without his consent, which
argument is paradcd before this com
mittee to prove that law which
amounts to nothing ought not to be
repealed.
This case is not analogous to the
case Of Lewis VS.. ----- - Wis.
! The State Treasurer then became
a trustee for Iowa County. and also a
the same time for the holders of
larger interest than the County
This trusteeship was part of the
contract-that trustee has never re-
fused to act-if he should the courts of
the country are open to compel him
to act-other parties are also ceStuJS
que trust of the same trustee-under
the same instrument creating the
trust;-but this law of 1866 seeks,
notwithstanding his relations to all of
the parties, to authorize the County
Of Iowa in its own name; setting aside
or ignoring if you please, the trus-
tee; to commence suits for its own
benefit without regard to the rights Of
the other cestou q'le trust.
Is not this IN violation of the agree
ment? is it not in violation of the
law of 1853? Is II not intended TO
violate the obligations Of contrf cts ?
f The gentleman tells US that the
foreclosure of the Conan and Martin
mortgage Is not a bar, or estopel, to
the suits of Iowa County.
{ That Is question which I must
content myself with leaving TO the
courts. 1t is not the question Of fore
closure, bar or estopel that this com
= mlttee has TO deal with. ne ques-
ton is the law of 1866. What does
! it seek to do? 1t says:
In any such legal proceedings, &c,
unless such County, &c, was party,
! and notified to appear, and did appear
and defend the case. Vide, sec. 2,
: D. $50, private laws, 1866.
: Consider this law. The County
may have been made a party, but re
fused to appear, and 50 long as it re
fused to appear the courts were pow
erless. 1t may have been made a
] party and appeared. but neglected or
: refused to defend. And if it chose not
/ to defend, forever the courts would be
4 powerless TO affect It's interest. If it
, was made party-aPpeared but did
not detend-even though Il had no defense
5 It shall .. not in any manner be affect
! ed by any proceedings IN any CONT
This law only seeks to wipe out
any judgment or decree Of any court
: that may have been made against
5 Iowa County, &c. IN case the County
+ neglected or refused to defend; and
vet il i" does not confer any new rights
. upon the County nor anv powers upon
.Ea cor,-+ which II Hid not already