The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1869-01-14
The Circuit Court Of the Unlfed
States versus the 6upreme
Court or lows.
IN 6nr1ler Tssucd for the Arrest
or the Beard Of Supervi.
sors Or Lee County,
Iowa.
They are Charged With Con.
tempt Of Court In not
Obeyi0g . Writ
sf Msnaanasss.
Dlsiss - .opa. D.o.rosD.

DDNe1ee ~ JUD0b
Il ssFEMsa sSAxFss A* 80 @
Judge Drnmmosd Yesterday Issued an im-
portant decision, which involves the person
al liberty Of the members Of the Board OF
Supervisors q Lee County, lows, ssve and
excsrys me peSs0a. Tho opinion 10 "a me
case Of the United States, 1t the relation OF
j. Edgar Thompson, against the board OF
Supervisors of Lee county, Iowa. and IS as
follows
THE OPINION.
This is a motion for an attachment against |
sSestain members Of ne Board Of Supervi.
sors Of bee County, Iowa, on the ground
that thai. have been guilty of contempt IN
wlfdily disobeying the order Of this Court
The facts are these: The County OF Lee,
Iovas u persu.nce Of aalose OF that STATE,
ana vote Of the people Of the county to
that effect. issued coupon bonds in aid of the |
constsuclien Of certain railways A ques- |
tion was made in the courts Of Iowa as 10 |
the authority of counties under the law to is |
s.ie sach bonds, and it was held by the high |
est court Of the State. in several cases, that
sneh anlhor ~ existed. These bonds, there |
fore, Md the popular, the Legislative and the
judicial sanction. The bonds thus forfeited,
bspgdalivessd 10 the railway compsniss,
were sold ID the market, and the relator,
among others, became, in the ordinary course
Of business, purchaser for value before ma.
furity.
=. Some of the coupons on bonds hsld by the
YSlAtof NOT, bong paid, snit wss brought
thereon in the Circuit Court Of the United
s.etes pr the Distrie. Of Iowa Uader the
1ak q Congress these suits we're transferred
n tct md at bo noto
184fcfstAia court, the relatof recovered
three several judgments against the county of
Lee, Amounting in the aggregate to $4,000
and costs. These judgments were unpaid,
for the reason, IA alleged, that there was no
property on which an ordinary execution
could operate. In the meantime the Supreme
Court Of Iowa had reversed its rulipss. and
had held all these county bonds invalid, as
Issues. without authority Of law. And the
statutes Of Iowa having provided that tax
should be levied by the Board Of Supervisors
to pay these bonds and interest, injunctions
were issued restraining the levy of such tax,
and among others to the present defendants
What was the effect Of the overriding of
the prior decisions of the Supreme Court oil
Iowa, upon bonds issued and purchased on
the faith Of the original position takes, has
repeatedly come before the Supreme Court
Of the United States, and it has been uni
formly held by that court that the bonds in
The hands Of bona ,fde holder, purchased
for value before maturity, while the courts Of
Iowa sustained their validity, were just
claim against the parties iasaing them. 1t
has always seemed to me that this doctrine
rested upon tbs plaihest principles Of right
and equity. The bonds we're in market for
sale-declded to be good and etfecsusl in law
by every authority that could speak in the
v,Af1 ~ II
would be difficult to imagine contract mad
under more solemn and binding guarantees.
What was the effect Of m injunction issued
by the tribunals Of Iowa prohibiting the levy
Of 4 tax has also several tines recently been
before 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 appropriate process oil
the Federal Courts for the collection Of judg.
ments- And in cases like that we are noa
considering, it is also settled that manda.
mas il such procesS.
Such being the state Of the case, on the
10th Of July 1868, the reator obtained an al
terp6alve writ Of manddmus from this court,
ceantyt TO levy . ID 70 pay on the three iudg
ments and costs, recovered by him, or te
show cause, on the first Monday Of Octobe,
next shsrsaftsr, Why shsy did not tnake eucl
levy. This writ was duly served on the Su
pervisors by the Marshal Of Iowa, in tn,
month Of September. No cause was shown
or spparent M tice taken Of this writ By IA,
Board Of Supervisors, and their default ~
entered on the 18th Of October. On tn,
29th Of October, 1868, the relator obtainet
from this court q peremptory, writ Of man
ddnssts against the Supervist + of Lee county
lit having been shown that the levy had no
been made) requiring them, to forthwith inn
pSssA b eoalec 6ithsnfdssay the tax fol
the payment Of the judgments, and in thi
they were ITO fail not under the peril Of tn.
law. On ehe 10th Of November last TIL
Marshal duly served the peremptory writ o.
mandasssa on the Pfeadentiof she Board
aud gaze . true copy Of, the sAme to eacl
member while the Board vas in open ieaaion
No return has ever been made by the defsn
dants TO this wit OaAths same day thu
the VIA was served, the Board, as appear
by the publiahad nisutee of sthsir proceed
ings, Oh the suggestion "of COUNSEL for Lee
county in RAILROAD bond suits, Z adopted th
following preamble and resolutions:
WKkREks, "A HDmptor1 wSitolmandsri,'
MAIs6o6 81 tie Northern District ofIll;noi,
sittin4 Pat Chicago. in the case of the Unite
States ex rel. 7. Edgar Thompson, again.
Lee county, has this day been aerved upo
WY mpn1bery Of tiifB I'd, csumanS;ng b
ley u lakes for the payment Of 4 certai
judgmant N, IAsox Of sid Thompson an
Lee county, rendered upon certain bonds il
sued 81 I'D So1AfJ 70 aid u the cons,rue
ton of certain railroad; and
MWHEtfAJ, THIS Boatd has been hareto
fore perpetualy. epjoined by the Suprem
Court Of Iowa rom levying any taxes "a
the payment Of any Of said bonds, and th
:, said Injunction Was in force and duly serve
upols this Board before the said nsandamu
was applied Tor or issued;
"Resphek, Ibst We believe oar oafhs RI
quire US to obey the said injunction, issue
by the supreme Court Of Iowa and duly serv
Cd - Aforesaid.
Resolved, Ihat We are therefore unable /
comply with the order contained in said wri
OF m0adeoss without violGtink the con
ssssutlou OF laws OF lows az { ,Nstrned b. III
courts Of loicG. And also doina yiolance /
our oaths of Office as We understand Il. An,
rendering Ourselves liable 10 punishment 10
contsmpt and vocation Of our sworn d.tv.
"Rssolsed, That We earnestly desire to ODE
all orders Of the courts of our country, AM
do not wish to be in contempt Of any, bu
situated as We are, We are compelled to ODE
said islqecion spd decline 70 hwy aid tar
and to rely uyon the justice Of our govern
=
spifsrpt44tien."
ThStirtSea Members Who appear 10 hav
oeen present that day and WHO i will b
borne n mind, were parties u this suit an,
naa peen served With procsss, al save one
ana l name him to his honor, b. S. Merriam
rete4 for the resolutions Ths u~s;d;n,
of1cef Apparently not being required by tn
rnleA IN such cases to vote, did no. yota.
! have given the whole Of The nresmbl,
and resolutions in order that the dsf.nd.D.
may have the benefit of their entire in..;Sa.
ton, and the substance Of it all il this. =,
that in matter where they, Is citizens q
Iowa and the United States, are TO aubmis i
the authority of the .coarta Of that State Q
the unel66, Hey win yield obedieate to III
commands n TIA coAsts Of Iosa and diac
q I'D ~ 81 Us Usised States. And Is,
adQpted tiA oossse after i bed been decided
byt6S highest courts Of the nation, 10 . sim
saeneoA GLsf4 SDas 1gelaa 1ssc, aaa apol
"a "a ss:seS 6 aesP, e. s snn. mus. I. y