The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1869-01-26

time. and then our counsel IF. 6emple, >. a.
Corey, g. W. McCrary, men who do not have
70 boast Of their loyalty 10 the end that pso-
ple may find it out in fact this 10 the case
With Ill the shove mentioned judges and
|. eodnssl, and anythisg thatI could SAY would
not make them better or more favorabv
known, but If the psrsons Who wrote the q.
ticles 6rst mentioned bad stated the case fair
u, W would have been satisfied. This they
have MOI done. Taking Judge Drummond
for eaids, and thereby ignoring orr sn'
preme Court q entirely unworthy OF tthelr
notice, they have no trouble in making out
that 10 are entirely wrong. Nov for some
Of The facts in this ca1s--for the subject i OF
too much importance TO let 90 entirely by
default-and can only glance q i in pass
ine over Il for wat OF space. That much
quoted sixth article Of the United States Con-
stisution does not apply in ouf cas- q oil, for
the laws SD Constitution Of orr Stats and
the United States do not conflict, and are not
10 the issue, has not enacted in relation to all
the United States courts, that the laws ofthe
several S4atssshall b rules Of decision in
esses whore they apply. This is undoubtedly
the law governing such cases a. ours, and has
been the rule and the practice from the first,
without deviation, until the term Of 1867 and
1868.
Nov 1.-THE Editors above mentioned had
met bssa in nd haste to- bud !s4gs
Dfvhnsad - - essiteiy Ignore thsaeciisss
Of our State Supreme Court, they would have
seen plainly set forth why and how the Su'
pesus Court u Washisgton cans to deviate
from the established rule BY slight glance
1t the authorities quoted in the above men
toned decision, they. would have teen plainly
| that the Supreme Court Of the United States
have a. in duty bound always heretofore
followed the unanimous decision Of .
State Supreme Court in cases OF this
kind. will say no moro on this poiat, for
it would be impossible for me to make it any
more plain than the opinion afors mentioned.
| But there Is none 20 blind q those that will
not see; in truth must say Judge Drum
mond does not stase our case and situation
correctly; indeed, if the Judge had under
stood the case a. it is, he would probably
| have refused to grant the writ Of attachment
asked for in the J. Edgar Thompson case.
In his opinion, the Judge says: "1f there
had been any steps taken TO remove the case
to the Supreme Court Of the United States
| to the end, that question Of sos much doubt
and about which there has been 20 great =
difference of opinion at the bar ard on the
bench might be examined, then perhaps there
might be aome ground for declining to oct,
but nothing Of the hind has been attempted.
The parties have contested unsuccessfully oil
those points so often before the Courts of the
4 United States, that thsy have abandoned
further controversy in s-gument, and now
hope to interpose as shield, the order Of q
j State Court" Now, Mr.. Editor, this is not
our case at oil. This is false view Of it al>
together, for not only have We abandoned
further controversy in argument As stated but
~ the time hs gave the opinion above men,
toned, we had the best counsel Ne were
! able to procure diligently employed prepa-
ring to submit the case in oil its important
points to the Supreme Court at Washington
| "
All Of this must have been known to the
Judge. for the case was taken from his court
ut the last previous session. Of course we
do not claim that the case Of ] Edgar Thomp-
son was appealed, but oil the points q Issue
are taken up and will there be contested
with al the legal ability we can command,
and our case has never been decided against
us in all the points At issue. The Supreme
/ Court 1t Warrington Was certainly in error
whom they decided in favor Of the legality Of
certain Railroad bonds Of this State, on the
assumption that the constitutionality of this
matter had been decided in favor OF the bond.
holder, for it has been plainly shown that
this was, and had been an open question, and
our court did not decide it until they
decided against the conatituionality Of the
whole Railroad bond business.
i Now, Mr.. Editor, al We ask is fair show;
let the truth Be told and then If wsare beaten
We will acxcsps the situation ~ best 70 can;
but may We never see the day when the laws
BY the overriding power Of the same Judge,
| who, according TO his own showing, does not
! understand the situation Of the case 1t all,
but Il determined to enforce obedience to
his decisions ct oil hazards. This he may
eventually do. But then and there will be
an end to the right Of selfgovernment; or,
rather to the privilege Of self government. SO
proudly claimed and dearly cherished by this
people. If the corrupt use Of the ballot,
aided by the combinations of interested
county officials, and two or three bogus ire
member they are gone no one knows where)
Railroad companies, can, in spite of the Con-
stitution and laws Of this State. succeed in
mortgaging our property, under the name Of
subscription to Railroads, to the extent Of
near million Of dollars, and then dispose
Of the obligations ",thus obtained by fraud
to parties who had full notice Of our intent
to contest the payment of, and their right TO
the same, las is well known to be true in
this easel then our power 10 have and to hold
anything in the shape of property is gone.
This { is the situation, and the half Of the
fraud practiced in this case has not been told.
Our only safety Is in litigating for our rights
until We get them. It 10 ruin TO stop it and
no moro to 60 ON. Trusting that all who see
this article will look carefully to the merits
Of the case, is all the favor 10 ask in regard
to public opinion, and not call rs rebels,
Judges, counsel and all, for standing up for
the Consultation and laws Of our State, in
the m amer provided BY Law.
i J. C. SAX.
4 RIVER Nkws.-The Mollie McPike, Of the
White Collar Line, reached here Sunday az
ternoon, having made the trip from Quincy
under circumstances that maxwell be called
difficult. Upon reaching tho ice gorge just
below Warsaw. which was about mile IN
length, and for two or three weeks paat thu