, 1869-03-11

Der term, 1854, three judgments vera en-
tered agtinst Lee County, amounting to
"a, ,746.o9 and costs. These Judgments
were unpaid because there WAS no prop
etty On which an execution could oper-
A1e.
In July, 1868, the plaintiff Thomson
spplied to the United States Court Of
this district fer fna1damtu requiring
the Board Of Supervisors Of Lee County,
Iowa, to levy sa1 to pay of these iudg-
ment and coste, OF to show cauae in Oo-
tober why they did not make such levy.
The writ WAS served In September, but
the Supervisors made no appearance,
and default Was entered on the l4sh OF
October. On the ao.h Of October (uo
levy saving been mkdc) the Court
granted peremptory writ OF m7nddmus
requiring the Board Of Supervisors to
forthwith impose and collect without de-
lay the tax Ter the payment OF the juag-
ments. On The 10.h OF November the
ndndamus was served on the President
sid each member Of the board. On the
same day the Bard Of Supervisors met
and saoptsd preamble Yecinng theissue
AID service Of the n,andamus, and the
rrcvlous irjuncslon Of the State Court,
and also the following resolutions;
+R<soir.d, That va believe our oasAs require NJ
Court Of lcws. sna duly serret u stotesa:t.
.RtsoipSd, That We ara. thereIaft, unAbe 10 eor1.
p sns L. ~ @ =! a.
lows, =: Construed BY The co1rh Of 1owR. md also
totrR violence 10 our oa'hs OF Office, ~ We under
ienl, ia vioia, Ion 81 oar swan duts." ~
All the members OF the board save one,
Mr. B. s. Merriam, voted for these reso-
lutone.
This action being brought to the
knowledge Of the Court, and 8 motion
being made for an attachment, Judge
Drumnond, On the 18th OF January last,
Issued 4 writ Of attachment for the ar
rest Of the members OF the Board OF Su.
peryisors for sheir contempt In wllsully
disobey ing The orders Of the Court. On
the I'd OF March the United States Mar
sbal arrested the members OF the Board
of Supervisors at Fort Madison, and wH
Immediately served with writ of ha6a1s
eorpus, requiring him to produce the
hcdles befor the Hon. J. II. Beck, one Of
the Justices Of the Supreme Court Of
love-. A return WAS made thss.. the par-
ties we're in arrest under writ from the
Uni!cd States Court and that the Msr-
shh1 refused to produce them Il was
etipula' ed, however, that as sill the psr-
ties were then in the Curt House, they
would not be removed until after The
henrinE.
On the 5'h instant Judge Beck deliv-
cred his opi1ion, ordering the uncoudi.
tiopal discharge OF the Supervisors.
Judge Beck told the Marshal that be
could make return on his writ thst the
men bad been discharged By bis tJadee
B.'s) order, and ,hat the Marshal had M
power to call posse to take them out Of
the State. The Marshal, having no force
at his command. hnd the prisoners 1etus-
ing to come 10 Chicago voluntarily, he
was obliged to let them 20.
One Of the worst features Of the case is
th.s the decision Was greeted with cheers
by the Supervisors anu citiz=ns. and the
beard Immediately met and ordered tha:
1900 copies Of the decision be printed
End distributed.
Here The case rests at present The
judgments Of the United States Courts,
ard the process to carry them into exc
cu,:or, have been defeated. The SUI
premacy OF authority whore the Safe
and National judiciary come in cosfl;cs
is 70 longer an open question. l. has
btcn decided over and over again, and in
| this se1ies Gf Iowa railroad cases judge
Beck has assumed, officially, responsibility
fer The notion OF the Supervisors as act
fort in their resolutions.
Judge Drummond, when he ordered
the attachment, thus referred 10 that
action:
resolutions IN order thai lie def~n6snts m.y hlv.
| the benefit 81 ihc1r eut1re 1uatdezlon. aId thl
sabs:anee Of II u ltIs. v.z: That in nate
coults Ct 1hat 6ta1s the nation. tbsY vii! yte'
II d dutees1d ihcte oftha United st11ea; aod ne
ADOPTED thts coustc After 1t had been decided b
gEs.s n,t9n naH u
10 sups<ms Coust OF the uL'sed states had q
.4tt "a. ruppo. cd tA1t the d-euA contained !
t The tesoluuoea just ettaa VA *1p!oded hY ID
1e.ue Of the late rebellion. But II eeens hydt
: | ke4aet. and We EoK encounter t. Nitnlu tic 10
deis Of the RI Yiptlc STATE # 1nva- -uhiah- stF~
Jucge Beck, in his decision. ia 6 10
: enough TO say that after smother appe,
has been taken from him to the Suprem
, Court Of lows, md thence to the Supreu
a Court Of The United States, tho as,aca
ment against the Supervisors may I
. executed. Without assuming to pa
7 :,~x A.. - -
Il he raises, we alc inclined to think that
+ shorter method o1e1ecutIne the writ wi
= be fouId Meanwhile the county of Le
9 in the State Of Iowa, is acquiring an III
"a cEviable fame,