The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1867-09-12

oupone. attached 10 Doboe t6sueu W C0W ;
,oyIes, County Judge Of Lee county, dated
any lat, 1857; that said bonds and con
,one, upon which said original judgment was
were the same that are referred %
n the injunction heretofore served upon this
Board, . copy of which Is hereto ss1.cheo
nd made part Of thfs report. our Com
nittee therefore state that this Board OF gu
,ervisors are now fully enjoined and, by the
udgmen, and decree Of the Supreme Court
# the State Of Iowa, from !evying any TAX
o pay said coupons and said judgment, ana
hat for this Board to levy tax as required
" said notice. would be contempt OF saia
court and it's decree, and subject each mem>
ser to the penalty Of such contempt. Your
Committee therefore, and for the reason ana
,ause set forth above, recommend that the
Board decline to levy tax ~ requested IN
,aid notice. =.
All of Which is respectfully submitted.
fS;gnedl MlLwARD II. RoDGERs,
fSiened1 B. S. MERRIAM,
ISipuedl DAVID WRIGHT.
SEPTEMBER Sd, 1861.
Notice and demand. To the Board of Su>
pervisors of Lee county. Iowa, composed
Of j. W. Goodrich, President, NJ. II. Rodg
ers, j. +. Ingalls, George Stevenson, Elias
Oysr,on, u. h. Heaton, d. Reesman,
John Haffuer, d. II. Sullivan, James Cald-
we'll. j. b. Cruze. Charles Brown, r. A.
Ward, b. s. Merriam, David Wright,
Cbas. J. Hyde and Joseph HOLMAN, Su>
pervisors:
You are hereby severally notified that at
The February term, 1867, of the District
Court Of Lee county, Iowa, at Keokuk, to-
Wit: On or about the 18th day Of February,
1867. j. Edgar Thompson obtained judg-
mert against Lee county, Iowa, tor the sum
of Eve thousand seven hundred and forty
Eve and eighteen one hundredth dollars
{S5.745 ls1 and costs Of snit, which judg.
ment was affirmed by the Supreme Court OF
Iowa at the last term thereof.
And you are hereby further notified that
an execution, issued upon said Judgment,
has been returned, no property found, on
which to levy by the Sheriff 81 said county,
and that said judgment remains wholly IN.
paid.
Now therefore these presents are to notify
and demand of you as Supervisors OF SAID
Lee county, that as early as practicable to
levy and cause to be collected tax upon the
taxable property in Lee county, Iowa, suffi>
Gent to pay of the said Judgment, interest
and cost, levied at 5000.
And in case you fail to comply with this
demand, and levy such a tax at your next
meeting, TO he held on the first Monday Of
September, A. D. 1867. you are hereby no.
tilted that on or before the first day OF octo
her, / 81, the said j. Edgar thompson will
file in the Clerks Office Of the District Court
of Lee county, Iowa, at Fort Madison, pc
tition against you, claiming writ OF manda
mus against you, to compel you 70 make
such levy for said purpose, and further
claiming q Judgment against each one OF you
personally for the amount Of said Judgment
interest and cost.
And you are hereby notified in case yor
fail to comply with the above named demand
to appear and answer to said petition Oh o
before noon of the second day of the mex
term of said Court, to be held on the frs
Monday OF December, A. D., 1867, or judg
rnent will be had thereon as prayed for.
}. EDGAR THOMPSON,
ByH. ScoTT How ELL, his Attorney.
A true copy:
J. A. Bisnor, Sheriff, Lee county, Iowa
The decree Of the Supreme Court referre,
to is as follows:
The State of iosra, IS : To Samuel Boyles
County Judge of Lee county, State Of Iowa
and his successors in Office, and all actin
by, through and under them, or in any NTH
ner by them or any of their authority
Greeting:
WHEREAS, At the June term of the Su
preme Court Of the State of Iowa, bega
and held at the Capitol, in the city of be
MONIES. on the 9Th day of June, A. D.
1868. an order and decree was made in word
and figures following, to- wit:
Eli Mcmillan, ct al, rs Samuel Boyle
County Judge, ct ai.-Appeal from lie
county District Court
And now this cause coming on to b
heard on motion of plaintiff council for cor
rection Of record entry herein, and for q de
cree nanc pro tassc, in accordance with tn
opinion of the Court. And the Court hay
ing inspected the record and opinion on file
and appellers haying failed to respond to sal
motion, il Is hereby ordered, adjudged an
decreed that the erroneous record entry II ad
by the Clerk by mistake at the time of til
oral announcement of Judgment in the cause
! be cancelled and held as void. and instea
| thereof decree be now entered in aecort
/ ance with the prayer of petition and the de
cision of the Court as expressed III the opir
ion on file, TO have the same force and etfe'
10 law and equity rs II properly signed an
entered at the time Of decision, which deere
! Dy 0AgGS1HENt VI pdItlcst 10 aS l0itUWs, W. WI
| Aud nov the cause having been fully submit
tied TO the Court by counsel on the respecti'
sides thereof, as per written agreement c
file, and by oral arguments on the part
plaintiffs, md the Court having fully insE &c
ed the case as made by plaintiffs, and exhi
its and references therein, find the same to
true ia fact, and that in law said plaintiffs q
entitled to the relief for which they pra,
therefore order and adjudge that the delen
ants demurrer be and the same is here]
overruled And the defendants having
other matter of defense 10 answer to pia
titTs' petition, and desire being expressed
writing that final decree be entered by Ii
Court, and the Court, on fall examination
the constitution and laws of the State
lows bearing upon the subject. consider a,
ahlhdce that the bonds mentioned in pai
tiis' petition, aud the coupons attached ther
TO, and all things accompanying them.
gether with the note of the county of LIE
by which il is claimed they we're authorize
and the subscription to said railroad comp
mes of the stocks mentioned in the petitio
and all other acts and things done in a
about the premises by the County Judge
Lee county aud his predecessors in Office, a
: the levy of the taxes and attempt to &C
lect the same by the Treasurer OF Lee cou
ty. as stated in the petition. are all unautht
lied by law and utterly void, and not or
without authority Of constitution and stat
bat IN direct CONFIRMATION and violati
thereof, and Of common principles of just
end right And the Court further 6nd II
plaintiffs, as claimed in their petition, ins
: tuted their suit in chancery IN the proper d
trict Court Of Lee county, as claimed befc
the completion Of the election record, a
before the expiration Of the publication
the notice required by law to be given, in ca
, Of votes by counties on local subjects, and
full time to apprise the public o. their int,
est to contest the equity of said bonds A
the Court also further find, that PLAINTIFF
their said suit raised fully and properly /
constitutional and legal questions now q,
2 tied, and were fully entitled to have tn
! passed upou and decided BY tAis Court. /
) the Court, ip view Of the great magnitude
the questions and interests involved, deciG
i their case - Rporied in Sd Iowa, upon
!, legal questions alone, in their favor, and
the constitutional questions for further c,
: sideration aud adjudication; and they
that the said decision was, by act Of the L
!. ialature of Iowa, by legal enactment, rend
!. ed imperative, and the plaintiffs lost ther.
. all benefit Of their litigation against S
!, jbohds, which were Unconstitutional, 4
. which were supposed BY the Legislature to
= | valid under the conatitptiop. because of