Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1868-02-13
sUPR d vaE COURT OF TWE
UNITED STATES.
noe. ~ AND 94.-pEcxnsxa 1sxx. 1857.


United HTATES.
noe. ~ AND 9A.-pscKhDgR 7sRM. 1857.
Mr.. Justice Clifford delivered the opinion
II the Court
Application Of the relator 10 the circuit
.ourt wAa for . mandamus ~ compel the
icit ndants. - the supssvisors Of the coun-
IS. to asseas . tax upon the taxable proper
" Of the county to satisfy the judgment
described In she transcript. Pursuant to
the usoAl practice the court granted the 81.
tentative writ, commanding the defendant
20 assess the taxes, or show cause 70 the
contrary, on or before thc second day Of
tho next term Of the court. Service Of the
writ vas duly made, but they neglected 90
levy the TAI and elected TO show cause
against the application.
They appeared, and IL their return to the
writ. they deny that IL 10 their duty to levy
the tax 10 pay tho Judgment. Or that the
relator 10 entitled TO a persmpsory writ, and
allsss that they have been enjoinsd net 20
assess a tax for that purpose by the State
court and aver that they cannot do - with
out beng guilty Of contempt and becoming
liable to punisment. Plaintiff demurred
specially to the return and ASST Gnsd the fol-
lowing causes Of demurrer: /. That the
rels,or was no party 20 the proceedings in
the State court. 2. That the proceedings
IN tho State court were subsequent to the
judgment Of the rslator in the circuit court.
) That the State court had no jurisdiction,
power, or authority, TO prevent the Tslator
from using the process Of the circuit court
20 collec, his Judgment. 4. That the de-
cree Tor m injunction rendered in the State
court was no bar 10 the application Of Ia,
relator for relief Bat the court ovevruled
the demurrer aud decided that the return
was sutiicleat. Jud ,rnent was thersupor
rendered Or the defendants and the plain
tilt sued out this writ Of error.
|. Power was vested by law in the county
Judge OF . county in the State of Iowa Ia
submit tho question TO the people of hIs
cOuaty, whether they would construct OF
all IN the construc ion Of road, or bridges
hut when the question proposed involved
the borrowing or the expenditure OF money
the requirement was that it muAt be accom-
panied by provision to lay tax for the
payment OF the Same in addition to the
usual taxes, and the legislative enactment
was, tina, such special tax, il voted under
those circumstances. should be paid in
money and in no other manner.
III. Revision OF tho proceeding wAs also
devolvcd upon the county judge; but il
satisfied that they we're correct, and that 4
majority Of the votes had been cas-, in a.
vor Of tho measure, It va, made his duty
t. cause the proposition aud the result o
the vote to bs entered at large in the min
ute book Of the couaiy, and tho sam
section OF the Act p ov.ies that tho en-
try, whcn 80 made, shall have tn,
force and effect OF an act oil th
general assembly. Moneys SO raised 20
such purpose nre regarded rs special,
Appropriated by law and as constituting
land, distinct from all others, in the hand
OF the treasurer. until the oblica alton assum
oil is discharged. Don racts made unde
such regulations are declared irrepealable
and the provision ~ that the taxes appoin,
ed for carrying the object into effect canno
be rcscinded -tCodr, secs ia, 100
Ill. Corporation defendants, acting unds
the authority OF those provisions OF law, OF
the first day of December, 1853. issuec
,i,iy bonds to the Lyons Iowa Central Rail
road Company. of one thousand dollar.
each, with interest wax ants, At the rate Of
seven per cent, pay able semi ann ually. Re
citals in the respective bonds are, that they
we're issued by the authority Of that act oil
the general assembly, and Of the required
vote Of the qualified voters Of the county,
taken in pursuance OF that act. They
were issued in payment Of . subscriptio lon
Of five hundred shares in the capital stock
Of the railroad, and the record shows that
the plaintiff is the holder of forty seven of
the bonds.
Nv. Payment Of the interest warrants
having been refused, thc plaintiff sued the
defendants in the circuit court and recover
ed judgment against them for tho same in
the sum Of Ave thousand one hundred aud
eighty nine dollars and twenty six cents.
which is in full foses and unsasisaed. En-
ecu,ion was duly issued on the same aud
the marshal returned that he found no
corporate property. Unable 10 enforce
payment OF his judgment, through the or
binary process Of an execution, the plain
tn applied to the circuit court In which the
judgment was recovered, for a msndamus 10
compel the dsfsndaats 70 levy the tax -
authorized BY the people Of the county at
the time they voted TO cid in the construc-
ton Of the railroad and to iasrc the bonds.
Y. Principal defence stated in the return
Of the supervisors is. that they had been
enjo,red IRON lcvying the tax a. prayed BY
spFior decree 81 the state court, and the
record sho~s that the state court. At the
suit OF tax-,ayer Of the county. issued an
injunction pcrpc,ually enoining the defend.
ants from levying the special tax voted At
she une the Proposition TO grant aid to m.
railroad was adopted Want Of jurisdiction
In the clrcnsi court waa not alleged in m.
return, nor was any such ground assumed
ny the circuit Judge who refused the wri,
experienced counsel, however. have n,ss
tnAt po'at IN this court, and il become, m.
oaiy 81 the court TO determinc il before 81.
anlnins the merits Jurisdiction 4. dat, usd
- oa Tue power to bear ana dc .ermipe The
sa~ect-msster in controv rsy in tho soit he.
so'e 'ne court, and the rule IA ur;v.,..,
tnst u the power IL Conferred 10 ranas. 49,
judgment or enter the decree. il AL, s
Guides the power to issue proper process. IN
enforce such Judgment or decrce.-(R. ~.
Mass, IL Pet. p .ls.)
hxpress determination Of this court is.
tina, tie jurisdiction Of cour, i
not exhausted By the rendition Of the iudv-
men,' qua continues until that udgmsn,
snAa DC sse'shed. Consequently, writ Of
error wn 'ie when party 10 arsrieyed in
sns foundation, proceedings, Judgment. Q,
SASSu"S" w euit III court OF Yacovd
(Wayman '. Southsrd. 10 whea. %
Saydsm V. Williamson, 90 How, D. As7 .
Tidd. Pras.. 1874 Co. Lit, ass, 3D.
Process subsequent to Judgment is a. a..
sential to jurisdiction - process anteceden,
= judgment, else the judicial power would
DO incomplete and :satirsly inadequate to tho
tarooses for which Il was conferred by the
sSaaetaaoa. Congress, it is conceded,
;ses the uncontrollei pc wer 10 lsgislats
.,;s 49,. both to the form AID effect OF OK.
=; IN. s. SSa sshes anal process to be issued
alec is, thu, con SS,ss, Implied eonessaion
courts 70 employ the NJ, :, 'u'oos'.s suen
enforce = jadgmentr rendered. il ,sa.A 20
IN case whore the ordinary r, ,nose courts.
eusion is inappropriate, and whe s.s 10 o. exc
ment creditor is without other iers, Juag
dy: bu; The defendants insist that Come
has not made any such provision. Fsders,
courts. e is argued, cannot act in any way
% STATE sfIiesrs. except in the specified cas
= d shie eousA ualse the -tweaAy. AftA 80
ssss = ~ Jsdssesy ~. ssppsst 70 ths'