The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1869-01-28
The Tiptoa advertiser,
THURSDAY, ..,,,. JANUARY IS, 1869.
The Railroad Bond Question.
Upton, IoWAs

! The Railroad Bond Question.
The conflict which has arisen between
the Federal and State Courts upon the
!. question of the validity of the county
railroad bonds seems no nearer salts
factory settlement than at any previous
time. The situation viewed from n
standpoint elevated by no particularly
deep research aud lighted by no legal
Knowledge or acumen shows the State
Courts clearly in the right. The claim
fthe Supreme Court of the State to be
the final arbiter in cases concerning the
Interpretation and application OF our
State Constitution and laws seems just
and right; and we see no reason to dis
believe the statement Of our Judges that
such IL i'm accordance with law and pre-
cedent i'm the United States Courts,
Judge Drummond to the contrary, not
withstanding. 1t is very easy to see the
Injustice that must follow the assump-
Of authority by tho Federal Court to
practically reverse the decisions Of the
state Courts. IN such way that while
III resident "a dltOr who sues IN State
Cs,drt gets nothing the non-resicent
holder Of the same obligations, through
tho Federal Court gets judgment for the
full amount claimed; aud easy to be-
lieve. as is claimed in behalf of our
Courts, that the laws of the United
states, and the previous rulings OF Fed
eral Courts have made it obligatory up
OH such courts to .fo,'oV the decisions OF
State courts i'm cases of this character.
A Des Moines correspondent OF the
Chicago Journal writes to that paper an
able and exhaustive article upon this
subject, the recapitulation and closing
paragraph of which is as follows:
AS | have said before, the whole diff
ficulty arises from the disregard of the
Federal Courts of the rule and statute
recurring them to ,foiio,c the decisions
of the State Courts. They not only vio-
late that rule aud statute, but they UNI
1crtake 10 reverse on hundiId judy-
pneats, more or less, of the Supreme
Court of Iowa, over which they have
no jurisdiction, and never did, nor can
nave. This they cannot constitullonal-
IL or lawfully do. Whenever the STU
preme Court OF the United States sends
its mandate 10 the Supreme Court OF
Iowa to reverse any of its judgments,
the Supreme Court Of Iowa will doubt
less now. us il ever has, most promptly
and cordially obey. But the supreme
Court of the United states cannot, nor
can Judge Drummond say that the
judgments of the Supreme Court OF
Iowa, or any other State, which stands
.l,nreversed, shall be nfele worthless
than the paper they are recorded upon,
aud may be utterly disregarded or VIC
lated BY the parties. This power ct
u5soiutton is not given 10 the ttderal
Courts by the Constitution 81 the Unit
cd States or otherwise, and it is prohable
that this first effort to exercise it mag lie
found difficult, fnot impossible
1T does. seem, however, that there is
soaa show of reason in the demand that
...ae parties to this iid5"''''' =" nv nav
been beaten III Tue Federal Courts
should ti.ke steps to have the authority
that is claimed for the State supreme
Court vindicatcd in the Supreme Court
Of the United States, as ~ decision upon
that point from that source must neces-
sarily end all controversy. The sscsts'a-
sbilty OF the result to be thus attained
might be thought sufficient lesson
either to take this course, or 'clsc to
make an end with equal certainty, 10y
complying at ohce with the commands
of the Federal Courts, ne s,sttsr how
unjust they may consider then.
Whatever may he tho result of this
awkway! ENHANCEMENT, there is no
sane person who for Que moment be-
lieyes that citizeus of Iowa mediate
any overt acts of resistance to legitimate
United States authority; and no mole
empty vaporing was ever INDUCED III,
than is perpetrated by Judge Drum
,,ond in that part of his opinion in
which he declares his discovery of the
..shydra headed monster in Iowa and
makes frantic attempts at It's eNorcsm.