Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1869-11-12
Railroad Bonds.

The following article in relation to town
and county bonds. issued for railroad pur.
| poses, is from the New York Tames Of the
| Sd last. 1t does not contain anything
new, or show up any new turn which mat
ters have taken, but only reiterates and af
firms the oplrions we have given hereto
fore. 1t is published by request, and may
De read with interest by some: p
The United States Courts when appealed
to, have invariably enforced the Obligations
oi the w estern CltleS and Counties to pay
their Bonds issued fer railway purposes,
without reference to the Responsibility OF
the Railways negotiating or hldorslng the
Bonds. In the State Of Iowa 1t was sup
posed that State constitutional defence
might be lnterposcd to the collection OF
these Bonds, but the Federal Courts nave
decided otherwise, and after a prolonged
and veXatious litigation, involving con
| tilct Ut jurisdiction, the following conclu.
sion has been arrived at. We quote from
the Des Moines State Register
The cOuiilct Ill the decisions and or
ders of the State and Federal Courts on
the questions Of the payment of certain
bonds ISSUED by various cities anu couil-
ties III this State for the purpose of aiding
IN the construction of railroads, we are
glad to know, is substantially at an end.
Tne late decision Of the State Supreme
Court, in the case Of Joseph Holman ct al.
0s. Harry Fulton, settles the question SO
Iar as any Interference by the State Courts
with the processes of the Federal Courts
is concerned and the Federal Courts hav-
ing already determined that all the power
OF the Government under the control OF
the Court should be used to enforce its
mandates for the collection of these bonds,
there seems to be no other alternative than
for the cities and counties who have issued
their bonds to go to work in good faith and
honestly TO compromise or pay them.
AT ti.e present term OF the United States
Circuit Court now in session in this city,
various members of the different Boards
OF Supervisors have been before it under
arrest for failure to levy Il sufficient tax to
meet their Indebtedness, and IN the case OF
Henry and Louisa counties the Auditor of
the county was before the Court for obey
ing the injunction Of the State Court
served on him to prevent his entering the
tay on the tax books Of the county. To
IL. these parties his Honor Judge Love, in
announcing his decision, took OCCASION to
say that IN hi, Judgment the conflict be-
tween the Courts was substantially at an
end that the Court was fully advised that
whatever force Of the United States would
be necessary to enforce the mandates Of It's
Courts would be promptly furnished
that the entire authority of the United
States for the punishment of offences
must be exercised through its Courts, and
that to abandon them was to abandon all
authority in the States; that, however
grlevouS and burdenSOme to many coun-
ties the enforcement of the collection of
these bonds might be, still the highest in
diclal tribunal in the Government having
decided that they must be paid, there could
be no escape from it; that in his judy
nlcnt further resistance or opposition would
be frivolous and injurious that no one
ever supposed the State Courts could in
terfere with any fines or Judgments therein
against the individual officers of these
counties for refusing to carry ont the or
dcrs of the United States Courts. The
only hope was that the State Courts might
relieve these parties from Imprisonment
and custody, but this the Supreme Court
Of the State has already decided they can
not do The Federal Court had ample
power to enforce obedience to their deciS-
IONS and they might rest assured it would
be promptly used.
Judge Loves opinion and advice was
Il ..@l1 4, 4
Commanded universal com'nendaton.
While we have felt. during the course OF
this conflict between the Courts, that from
all the indications, however great the
wrong done the counties, there could be
but one reSult-the enforcement Of the
collection Of these bonds in accordance
with the decision of the United States Su-
preme Court The State Courts having
now practically abandoned all interference
the best interest of the taxpayer and
citizen is to meet the difficulty promptly
and wisely, and provide for the liquidation
of these obligations without further
opposition, upon the best terms that can
be obtained. In some counties the debt
is extremely oppressive, as in Lee and
! Louisa, and the bondholders having Sc
cured many of these bonds at very low
| figures. 1t is but justice that they should
meet any attempt at compromise in a spir
II of liberality and equity. And we feel
confident that in view of the necessary
| complication in the collection of these
bonds, the bnndholdors will feel it to their
interest If not their duty to allow fair. hon
est and liberal terms in the final adjudica-
ton. This being done, we feel certain
that the vexed question will he at rest, and
We shall hear no more about conflict of au-
thority."
DEEP PLowiNG.--In England they are
now manufacturing large numbers of Gle