, 1869-03-11
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1alRusE cqSfAmIi esIe.1s in
THE LEE COUNTY t1owA cAsz.
The extraordinary proceedings OF
Judge Beck, Of the Supreme Court Of |
Iowa, AID the Supervisors Of Lee
County In th1t State, an account Of
which We published yesterday, promises
to lead 10 results al such an impressive |
character thst history Of the case can
not fail to Re useful.
On the 81 day Of August, 1856, peti-
tiou, signed By more than one-tonrth ot t
The Votere Of Lee County, Iowa, was filed
In the County Court, asking that an elec-
Aaun be held At az early dsy upon the
QUESTION whether the county should sub
ecrlbe $150,G00 to the capital stock Of
each OF three rairoade, then about 10 be
Constructed there. The County Court
ordered an election accordingly, and it
tcok place On the 10Th at September,
1885. The vote was o,537 vo.ea for, and
e3s sgaipss, subscription. the affirmative
role being msjority OF all the voters Of
thc county; the entire vote Tor President
two months later being 4,5sS. On the
10Th Of September, the County Court
recorded said To'e, and entered upon
record that tall the propositions voted
upon "were adopted" ard that the bonds
subscribed for would be Issued and bear
date January !, 1857.
On the 18th Of October following, Ell
McMlllen and nther citizers filed petl-
ton In The Disiric. Court OF Lee Coun-
ty against Samuel Bowle., the County
Judge, praying. that he and bis SUCCESSORS
be erjoined from Issuing or executing
ex'd bonds. The ground Of complaint
mas that in the election notice 1t was
etated that subscription would be mada
to e!ther road unless the subscription to
Al was csrriet-thus leaving the voters no
option as between different roads. On
the o9th Of October the County Attorney
fled demurrer, and An entry was made
OF rtcord, BY consent Of psr,ies, that the
petition be dismissed with cosse. Notice
OF apptal was waived, End the csse was
sent up to the December term Of the
Supreme Court Of lows. On The 12.h
OF December, 1856, the Supreme Court
Of the Sla:c 1sVessed the decision Of The
District Court, ard p7ocdendo ordered.
{3 Greer, Sly But no procsdendo was
itsutd, and On tie records Of ,he Supreme
Court, June, 1867, 1t Is stated: The Pc
"titicn in this csse for re-heariug was
"Tithdrawn and the case remandsd."
There that case erdet.
On tie eth Ct Jsnusry, 1867, the
Legislature Of Iowa pss:td 3 Law known
IS the "Cu1siive act," which legalized
tic vctc taken in Lie County, aid also
"tbe bonds Issued or to be issued in pur-
"tuaIce Of such vote and subscriptions"
snd declaring the sane to "be valid
lien en the la,sble property OF said
"ccunty." The stcond section ct the
Eame act provided ior The levy ard cell
lection Of 1a1 10 psy ssld bonds, and.
1rrthe1mefe,speci p1o7idedth said
Lee County should "uot be SLOWED to
"pleSa in any suit brought 10 recover
"the principal CT interest Of such bands
"thst the same we're u,urious, irregular.
"or invalid, in CONSEQUENCE Of the in
formaIities curtd by this act"
On the 13th Of M.y, 1857, NcMillen
and othcrs gave notice, and On the 18Th
day Of July filed lhe,r petition OF suit
to test the validity of this curative leeIs.
lation; but in November following with.
drew said suit ard psid costs. In
February, 1858, NIcMtllen and Others
filed their third petition, in the Dtstric,
Court Of Lite County, against tue County
Judge and the County Treasurer, il
which they alleged tnis &C. OF the Legis~
lature to be unconstitutional and void
they 1ecited ,hat the Judge ant
Treasurer had taken the stock and issuel
the bonds 10 each OF the railroads, IN,
that said bords were in the hands 9
the companies CT thelE assisaa-CurasiT
SCI void, aud epjoiu the Jutge from levy
ing, and lhe Treasurer from coIicc.,ng,
tax to ply sa,d bonds the in crest O
them. In May following The countTsJ Jude
And the Treasurer, by their attorney
IN. Beck, <now Judge of the Suprem
Court OF 1owa), filed demurrt
to said petition, denying th'
the plaintiffs were entitled to relit
Upon Issue Joined, the District Court su
tanned the demurrer, and dismissed It
bill. The case Was taken 10 The Supreu
Court o! lows, which Court stlrmed Il
decision OF this District Cou1t suslAinlr
the constttutionaItty Of the Curau,
1aw, nnl1 the legality OF The bonds.
Iowa Rep, S04-s91.) The Gaze was a
pea4d to the Supreme Court Of i
United S.atts, and was by that Cou
dismissed fo1 want Of Jurisdiction. Uot
tho decision OF these three courts, Il
matter rs5,cd, In the mesnttmc I
bonds hsd been issued. and the I
levied Ard collected far ,he vrsra "a,
'bs, I'D, aud 80.
In July. 1860. Mc11i,1en conm snrsd
fourth rut, by hl,l In The D,s,-;r, ~
Of Ire Coun,r The on1v dota,ass
werc ,he conr:v J,doa ,rd ,ho T-...s..
The deter,,.ots a,ne,,-.,s -. ...~""' s'
Int f,te,1 , 6onr.ro- .S..sa -. .%
1ronria nr7,on1 Tba 800 -. 49,.
{t1rtd 10 Henry conn,r ,hn d.nn.. ~
snstsinet xna 10 esea - s.ana1as
tle sun1ema Conr, -, Iow. fs whsS