The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1869-01-18
cLAsEINa BETWEEN THE STATE AND
FEDERAL COURTS IN IOWA.

district court for the northern district OF IL
Inois. has delivered an important decision
;nvoIving the constitutionslity of the law of
Iowa authorizing corporate subscriptions to
railroad stock. It IS at the relation Of j.
EdgSr Thompson against the board OF su.
pervisors of Lee county, to recover judg'
mept on the coupons of railroad bonds, is.
sued by said county under statutory pro-
vision. It an important subject, invoIy,
ing many Of the niceities and wire.drawn
distinctions in legal logic, as wen as ques-
tons of abstract right, on which latter, in |
absence Of higher appeal, the matter would |
now seem to hinge. The facts of the case
are as follows
From the year 1850, up to the year 1865,
q number Of the counties il the state Of
Iowa issued bonds in aid Of railroads which I
were to be constructed, The question oil
the validity of these bonds was sooa at is
ISSUE and some eight decisions we're render
ed in reference to those ISSUE by the several
counties, declaring the binds to be valid
II is true the courts were not unanimous,
but nevertheless the decisions passed into
the classics Of state law, in reference to
these bonds While these cases were being
argued and decided the main portion of the
bonds we're issued.
In 1862, in the case Of the State Of Iowa
rs. The County OF Wapello, the supreme ju.
dietary of the state, for the first time, de.
clared the bonds 70 be invalid, which opin.
ion has governed their decisions in refer
ence 10 the matter since that time. In the
meantime, the matter was referred 10 the
United States district court in the case of
Gelpecke rs, The City Of Dubuque, and
that court affirmed the validity of the bonds
and have adhered TO the same in several
subsequent decisions.
Judge Drummond, in his decision, il
reference to the bonds Of Lee county, gives
the history Of the case which, with what
has gone before, in connection with these
Some Of the coupons on the bonds held by
the relator not being paid, suit was brought
thereon in the circuit court Of the United
States for the district Of Iowa. Under The
law Of congress these were transferred 20
the Northern District Of Illinois and judg.
ment recovered by relstor to the amount Of
$s,746.O9 and costs. This was 10 lsGI.--
These judgements we're unpaid, for the rea.
son, as alleged, that there was no property
on which an ordinary execution could opc.
rate. In the meantime, the supreme court
Of the state had reversed its rulings, aud
had held all Of these bonds invalid, as issu.
ed without authority of law; and the stat.
utes Of Iowa, having provided that tax
should be levied by the board of superyi.
sors in the several counties, interest injunc.
tons we're issued restraining the levy Of
such tax, and among others to the present
defendants. The question then is, whether
the state courts have right to interfere
in any way with the appropriate pro.
cess Of the federal courts, and Judge
Drummoud, has decided that they cannot;
and that it has also been decided that a
mGHdaBlHS is such process. The relator
obtained from the federal court an aterna. |
tive writ Of maHdamus, requiring the levy
Of such tax from the board of supervisors
of Lee county, to pay off the judgments
and costs, and this writ WAS served on the |
board. The board replied to this writ, say |
ing that they deemed the matter wholly |
within the jurisdiction of the state court,
aud that they deemed it also to be their
sworn duty 10 obey the commands Of the
state court. The last of the resolutions is
an interesting one, as being an expression
of that opinion which, let centrslizers argue
round it as they will is principle of faith
with all Americans, and is the instinct up
on which is reared the superstructure of
many republics united in one. We give it
entire:
Rssoluea, That we earnestly desire to obey oil
orders Of the cOurtsCf our country, and do not
wish to be in contempt of any, but situated as
we are, we are compelled to obey said injunction
and decline to levy said tax, and to rely upon
the Justice Of our government and tho courts,
both State aud Federal, for protection.
All but one of the members voted for the
resolutions, and this one the judge commends
by name, for holding aloot. He says be.
side: TT is supposed that the dogma con.
tanned in the resolutions just cited was ex.
poded BY the issue Of the late rebellion
But it seems hydraheaded, and We now en-.
counter it within the borders of the patriotic
state of Iowa, which struggled as hard as
any other state to eXtirpste it," Then af
ter arguing the pros and cons Of various
conjectures ss to what induced them to con.
duct themselves in such an insubordinat9
manner, he issues "a writ of attachment to
bring the bodies Of the board of supervis.
ors, save and except the individual who did
not sustain the resolutions into court. The |
judge evidently thinks from the line of his
conJectures, that the state court has indicat.
ed that It will support the supervisors in the
course they have taken. This is the gist of
the facts as embodied in the decision, and
the whole matter determines itself into
a question Of relative jurisdiction,
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Fear Of Tylerization.
Forty SIX republicans voted ageinst the
bill for the repeal of the civil tenure law
when the vote was taken in the house, and
Gil IL. nnt-anrnL-n