Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1869-01-19
THE JUDICIARY WAR.

THE JUDICIARY WAR.
Judge Drummond, ofChi-
cago. Orders the Arrest
of the Lee County,
Iowa, super
viSOrs.
Coaaics beaweea tho Federal
and State Coarss.
Judge Druumend. Of the United States
sirssis court, sitting iu Chicago. has given
dssssisn on application fer 90 attachment
aeAisst the supsrvissrs Of Lee ssunty, 10
tAls State, o. scseuns Of their refusal 70
levy tar to pay certain county bends, unds
. decree sfths supreme cour. Of the United
Statss, in which he makes an erdsr for
tAsis arrest, and charges them With cen
ssnps In net ebsving . writ Of mandamus.
The facts Of the case are stated in Judgs
Drummsnd's opinion as follows:
The county Of Lee, iowa, In pursuance
81 Q statute Of that State and vote Of the
people 10 that effect, issued coupon bends
In aid Of the constructisa Of ssrtain rail-
roads. A question Was made in the courts
Of Iowa ~ to the authority Of counties I'M
DER the law to issue such tonds, and il WAS
held by the highest court in the State, in
several cases. that such authority existed.
Thee bsnds, therefore. had the popular,
the legislative, and the Judicial ~. ction.
The bonds thus fortified being delivered 70
che railway companies, were ssld In the
@srkst, aud the relatsr. ameng others. be-
came in the ordinary course Of business, .
purchaser for value before maturity.
Seine Of the coupons on bonds held BY
the rslater not being paid. suit YES brought
thereon 10 the circuit court Of the United
6satss fer the district Of Iowa. Under the
law Of Congress these suits we're Transferred
10 this district, and at the October term,
1864, Of this court, the rslator recovered
three several jodgmsnts against the county
Of Lee, amounting Ia the aggregate to
e6.74e 09 and costs. These Judgments
we're unpaid, for the rsases. 20 alleged, that
there was no property On which % ordinary
execution esuld operate. In the mean time
the Supreme Court Of lswa had reversed
its rulings, and had held oil these county
bends invalid, 40 issued without suthsrity
Of Law. Aud the statutes Of lewa having
provided that tai sheuld 10 levied by the
heard Of Supcrvisers 10 pay these bends
aad interest. injunctisns were issued re-
straining the levy Of such tag. and smsng
others, to the present defendants. Wha,
vas the effect Of the overriding Of their
prisr decisions ~ the Supreme Court Of
lswa upon bonds issued and purchased on
the faith Of the original position taken. has
repeatedly come before the Supreme Court
Of the United States, and it has been uni
fsrmly held by that court that tbs bends in
the hands Of = bona nile hsldsr, purchased
fer value before maturity. while the courts
81 sustained their validity. were Just
claim against the parties issuing them. II
has always seemed to me that this doctrine
rsstsi upon the plainest principles Of RICH,
and equity. Tho bonds we're in market for
sale, decided 10 be good and eirsctuai III
law. by every authority that could speak
10 The State, the money was paid and re-
cslved. IL would be difficult to Imagine .
contract made under more selemn and bind
Ing guarantees. What was the effect Of an
injunction issusl by the tribunals Of Iowa
prohibiting the levy Of = tax. has also ssve-
raj t'nss recently been bsfors the Supreme
Court Of the United States, and it has been
decided that they cannot, by Injunction or
otherwise. interfere in any way with the
appre. ,riate prscsss 81 the federal courts in
the collection Of judgments. Aud in cases
like that We are now considering, il 10 also
settled that mandamus is such process.
Such being the state Of tho case, On the
10th Of July, 1868. the rslator obtained an
alternative writ VI mandamus from this
court, requiring the bosrd 81 Supervisors
u Lss county 10 Ivy tax % pay OF the
three judgments. and costs, on the frat
Aoodsy Of October next thereafter, why
did they net make such levy. This writ
was duly served ON the supervisors BY
the 0srssal Of Iowa, in tho month Of Sep
tsmbsr. No cause was shown Or apparent
notice taken Of this writ by the beard Of
upper vissrs, and their default WAS entered
oa the lAth Of Octebsr. On the 10Th Of
Ostebsr, 1853, the relator obtained from
this court . psrenptory writ Of mAndamus
against the supervisors Of Lee county (t
having been shown that tho levy had bssn
mads) requiring them to foi thwith impose
mud to collect without delay tho tax for
shs payment Of the judgments, AMI in this
they were :" t. fail not under the peril OF
the law" On the 10th Of November last the
Marshal duly served the peremptsry writ
Of msndamus on the president Of the board
and gave true copy Of tho same to each
mcmbcr wh,le the board was ia open ses-
sien. No return has ever been IN ads by the
defendants 10 this writ. On the same day
chat 1t wss served, the board, as appears
by the published minutes of their proceed
tngs. on tue suggestion ''of the counsel for
Leo county in railroad bond suits" adopted
the following preamble and resolutions
"wBExsAs, A psrsmptory writ Of man-
aamus issued BY the circuit court Of the
United States for the northern district Of
lllinsis, sitting At Chicago, in the case Of
the United States sx rel. 7. Edgar Thomp
sos. against Lee county, has this day been
served upon the members Of this beard,
commanding the levy Of taxes for the pay.
mont Of . certain judgment in favsr Of
raid Thompson and against Lee County,
ssndsrsd upon certain bonds issued BY said
csssty 70 aid in the construction OF certain
railroad; aad
WaERsAs, This board has been hereto
lsss psrpstually spjsiusd by the supreme
court Of Iowa from lsvying Any taxsa for
the pay mont Of any Of said bonds, and the
said injunction Vac 10 fierce and duly ssrv.
ID upon this beard before the said mazda.
mus vas applied for or issued
'Ressired, That " believe our oaths,
require US 70 sbsy the said injunction issu>
- By the supreme court Of 1sws, and
duly served upon 40 % Aforesaid.
"Resoirsd, That ~ are therefore unable
- comply with The order contained in said
writ Of mandamus without violating the
constitution Or laws Of Iowa, a. construed
BY the courts sf lswa, and also deiae
violence TO our oaths u siles. - w under
stand them. and rendering ourselves liable
% Punishment fer contempt and violation
Of ous swsrn duty.
"Essslrsd, That No earnestly desire to
ebey all orders Of the courts, Of our county,
and do net wish to BE- in contempt Of any,
but situated ~ We are, We are obliged TO
obey said injunction and decline to levy
said tax; aud 70 rely upon the justice OF
eur government and the counts, beth state
an federal, fsf prsteetioa.'
The six,ssn members who appear 10 have
been present that day, aud Who, it will be
beres in mind, we're parties to this sui,
and had been served with process. ali save
ene--and maine him to his honor, b. 5.
Msrsiman-voted for the rexolutiers. The
presiding officer, apparently not b,ing res