Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1868-05-12
DAVENPORT, IOWA. TUESDAY, MAY II. 1868

oiscrstion or power in the city council to aver
vac same to any other purpose whatever, II loi
,oWs that all the revenue of the city deriveo
wit:
!. One-half the same. including any road
sax not TO exceed three mills. must be SET apart
ana applied for the roads and streets. :.
:. me other half must b spilled. on sos
prineipls that the city, like an individual, is en-
sssisa 70 sxiss. u 70 the payment ef the erdina
a S'v cxpsnsss. 81 the 6sis:se. 4 sny. V .ss ~
payment 81 the semi annual interest On sne
seDs created prior to the sst Of January =. Isss,
snes = the rsiiroad bond debt and thea y
snere pc any balance stili remaining, those noio
ing paper against the city under the soo. wv
aed sae $500 600 loans, and any othsr creditors
OF the city, can take il,
o. Inc specit, tax, authorized by said sec >.
when required to be ilevsd) must be applied. a.
before stated, to the interest on said railroad
oond deot OF el25. .o0o, and to that only.
II these views are ecorrect-and think No as
inteiested person who thoroughly invesugnes
sne law on the subject will or can truthfnlJ hoio
oshetWise-n follows that there is no power
given 10 the city in the casrtsr or its amenu.
mshts TO pay either the principal Of the raiiroad
oonos, or The interest or principal OF ths
tos, 90 and the 100000 bends, unless II can %
psio IRON any revenue derived outside OF the
levy OF taxes on the general real and personal
property, or unlessthe other half Of all taxes
levied by the city authori,ies'' is more than sui
neientto pay the ordinary city expenses and she
ihteress on the railroad debt lin which ease no
spscinc tax Is Necessary therefor
A. - Wsii known to you, gentlemen. sns
amount OF Judgments heretofore oDtAiaeu
against thc oi'y IN the Scott District Court and
ths =. - Circnlt Court for Iowa. - large, snu
ID sconsten'iy Increasing. How these Judgment
crsditors can collect the money undet ana se-
cording to the law aud the decisions OF our Su-
preme Court, Is Tor them TO ascertain.
Saw III 4
thought by some that under sec. ea7o OF the
Revision OF 1850, II is the duty Of the city coun-
cil 70 levy any amount Of tax necessary to pay
any Judgment obtained against the sisy. IN
construinE this section, our supreme Court Is
lowe. p ass held il has no application 70 oar
osy, ana That the council have no power under
II TO levy ajax opay our bonded debt.
am toio, however. that . case from anotnsr
city In our State. involving this very question.
is now pending ID the L. 8. Supreme Court. IL
this Court decides that this section does apply,
shsn tho tax, regardless Of amount. must % -
Wed. unless some other "arfangement can De
made.
Whether. under the circumstances, II - best
TOT She property owners and tsx payers OF this
city to try toeompromise or make some arrange
ments with those who claim 10 be creditors OF
the city, 70 Tor them to determine.
There are two sides to this as to most qusS-
iions.
One is, that the city has derived some benent
from Its outstanding bonds, however much pee
pie may differ - to the amount
The other IS that these bond holders, whesher
the parties who originally received them or
their assigns. took them under . well known
and eft-quoted maxim, ignorafia ls0um nsrsssns
ercusdt, Iust as person who risks his money on
awsger or on lottery ticket, or one who loans
his money on business notes ct interest.
Being bound to know law If ii made no pro-
vision tor the pay nent either OF interest prin
cipal, for the money which the bond holders gave
for the bonds, they were bound 70 know this
also, and abice by the consequences.
Because some city council took il upon them
selves 10 pledge the faith Of the city OF the
property owners without any power whatever 10
do 90 under the power cresting tho corporation
whose mere serT ants they were. was . matter OF
as much concern TO the parties takingt the bonds
- to anybody else.
In conclusion. allow me to add that these re-
marks have been written hastily, and have no
time even to read over tho manuscript much
less to revised But as | said before, think
my views' are correct
Very respectfully.
GEo. p. WHiSconB, City Atty.
LIST OF JupcHsSrs II o. 8. cIRcSir corRr Aoss.
CITY OF DAVENPORT.
l. Mark Howard, Oct. 81, 1854. .....& 1859 90
2. II. LIE Conte. Nav 3. 1865. ........ 2.ss0 ~
J. II. lie Conte, Oct. IL, sS7........ 22. 500 IS
4. r. l.. Lord. Oct. 81 ss7 ABOUT. u, 200 o0
There are some eight or nine other sults pend
ing in the U. : Circuit Court on bends and ecu
pons. and two or more suits in which writs OF
alternative mandamus have been issued to com
pei the city to levy taxes TO pay the Judgment
holders, all of which may bs heard this May
term.
There are also quite q number Of judgments