The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1869-01-20
xroKtJK. INwA.
RAILROAD BONDS.
UONPLTCTrNG DECISIONS.

OONPLICrTNG DECIsIONs.
Leo County Supervisors Re-
tween the Mill Stones.
The recent decision announced by Judge
Dummonds Of thsU. 8. District Court in
response toshat rendered BY the Supreme
Court of thS State Of Iowa, seems to have
brought the theoretical conflict to practical
crisis. Wepublished the. opinions alluded
to ct the time they were rendered, and thus
furnished our readers the means Of investi-
eating ~ nesits Of ths oou3s1ssssy and the
perils Of the present hostile position of the
Courts. VA also published spme coumsntA
@0 ~ arcp to sdeSfoA4 md ~
1sSS3A33{e = IosA insA4 coatrovsssy.
Some of these comments seem to indicate
spirit Of unfairness and i'll temper naturally
enough imbibsd from the tone Of Judge
Drummond's published Opinion.
Al Judge Drummond fails to state the
early history Of Ab matter, or rather mis-
states II for purpose of his own, We shall
attempt to give our readers clear notion Of
the real merits of the controversy in regard
to the validity Of county subscriptions to
Railroad Stock, from its inception. And if
~ susussl il naking Chi clear TO Tho ap-
prehepsion Of our readers, we trust We shall
AAvs la1edi1dedty In presenting TO their con-
siderasioa the legal grounds upon which the
e1intiaG conAict Between the Courts has
arisen. And - these matters have been fire.
asesNy ~ forth in the Opinions Of tie
Judges; We shall, Of course, draw upon their
ststamsnts 10 the main, both for the facts and
The l<v, only putting them in such shape as
will enable our readers to understand them
rom : common sense, and newspaper stand
point, Invested Of oil legal niceties and tech.
niealitiss. We trust also to msintain the
dignity Of our position, and treat the subject
With candor and calmness, avoiding alike
the abusive acrimony and tho cheap buster
Nhch haSe shsracterized not only tho Chi
cago Press, but the Bench and the Bar, in
their rseeat discussions Of the questions in
volved.
The original question in the premises Is :
Have County Corporations the rightful
power to subscribe to the stock Of q Rail-
road?
Uporggsnsrsi principles II woald seem,
and il generally, # not universally, admit
ted. 10 I'd % Dart Of the end or purpose
Of county organizations to become stock
hoadefs in RAILROAD or Banking Corporations,
or partners In distilisry or : steamboat line.
But it is commended that the Constitution
SD Lawn Of the Stase msy suthorize the
participation in the common expenditure and
the mutual risks Of stockholders in construct
iae And running Railroads. And upon thi,
presumption clause in the Code Of lows
Of 1851, authorizing the County Judge "a
subxit 70 vote of the county whether Z
loan shall be made TO erect county buildings
Or whether it will aid in constructing any
Road or Bridge which shall call for m ex'
traordinary expenditure, was held to justif,
county subscriptions to Railroad Stock
This CLAUSE, be IL remembered, had an addi
tional one: whether the county will subscribe
TO any Internal improvement in the Repor
submitted by the Code Commissioners to thu
Gssral Assembly. The Legislature STRUCK
that out, and thereby indicated their opposi
ton TO mourning county debts for Interna
improvements, - the Constitutional Con
vention had previously done. in reference Il
State indebtedness. And then, as if to leav,
no possibility of misapprehension ON the sub
ject, the same Code defines the meaning o
the word Road" and limits it whenever
nsed in the statutes to .scommon road, ;
''county road or estate road
In tie face, not only Of the lack of IN,
night inhering il the nature Of "a merely
civil corporation, Or any constitutional gran
of power, this clause Of the Code was per
verified in spite Of oil the care of our Legis
lature to the contrary, and made the basi
upon which the right and the power Of til
counties to subscribe Railroad Stock an,
isGae Bonds for the payment of the same
we're founded and sustained.
Unfortunately . majority of the Suprsm
Court Of Iowa It IN early day decided in "a
vor Of the validity Of County Bonds thus ID
sued. but not without a very strong protes
entered IN The dissenting opinion Of Judg
kinney. This decision rendered by TIL
Judges Of our Ssprene Cont, before the
had enjoyed the advantages Of . full presen
tation Of the question involved, and the au
th6ritiss and arguments appropriate to mat
ssrs OF 30 grave importance, is now insisted
on BY the Supreme Court Of the Unitet
States 80 THE Law for all similar cases AMI
for all time 70 como. Bat our State judge
becoming better informed, or rather chsns,
in the politics Of the State. having put bette
Awysrson 10 Bench, tkat early cad Dem
ocnac decision has been overruled bv on
Snprsme Court
The decisions rendered by majority o
Judges Of the Supreme Court of Iowa frou
$ 1853 to 1859 aastainsd the validity of tt,
Railroad Bonds Of Cities and Counties indis
crlminately on general principles and in pur
auance OF the authority given in that cele
DRAFTED l14th section of the code of Iowa
But from that time till the present a ful
Bench have held the opposite opinion, witt
entire unanimity, and in the Wapello Count
case decided in IN exhaustive opinion deliv
cred BY Judge Lowe, that the Legislator
had no Constitutional power TO confer author
ity on the Counties to subscribe to III
Stock Of railroads. The Supreme Court Q
Iowa V The Constitutional paramount an
saoriy IN our State in relation to the inter
pretanon OF its Constitution and statutes
!, ana "a our inferior State Courts, and all th
people Of our State must abide By the inter
probation which, that Court, for the tin
beng, tho present time, not ten v..r. ..o
gives our Consultation and Laws in Ii,
n sA a