The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1869-01-07
he WEEKLY COURIER
j. M. HEDRlcK, Editor.
Important Decision.

Important Decision.
The Supreme Court through Jus.
tice Beck has again decided that un-
der the constitution and laws exist
ing at the time (prior to 1892 no
authority was vested in counties and
cities in Iowa, to take stock in Rail.
roads, and consequently all subscrip-
Ftions OF the kind, like ours to the B.
& NJ. r. R. is null and void.
A similar decision was rendered
by our Supreme Court in 1862, thro'
Justice Wright, but recently the Su-
preme Court OF the U. s., has over.
ruled that decision, and pronounced
the county stock vote constitutional
and legal, and it will be remembered
that not long ago party having
judgment against Wapello county,
was on hand with his attorneys and
writ of mandomus to compel our
Board of Supervisors to levy a tax
to pay the interest, on some bonds to
the B. 4 NJ. r. r., which he held, on
this county, and wsbelieve the Board
finally acquiesced, and made the levy
which will be paid this winter, in the
face OF the injunction of the Supreme
Court of the State not to pay the
said interest,
Judge Beck in his able and clabo-
rate opinion, has this to say of this
dead lock between the State and
Federal Judiciary
sThe questions determined, and
upon which there has thus arisen q
conflict between this Court and the
Federal Courts are purely those ari-
sing upon the construction of the
laws and constitution of our own
State. The language of counsel is,
therefore, incorrect. The Suprme
Court of the United States is not, in
cases of this kind, the final arbiter
That august tribunal, the court of
last resort in all cases within the
Federal jurisdiction, as prescribed by
the constitution and laws of the Union
is not charged with the grave duty
and great power of constructing the
constitution and laws of the States,
except where they may be in conflict
with the Federal laws constitution,
and of establishing thereby o rule of
construction obligatory upon the
State courts. In questions of this
beginning at the foundation Of the
Government, and extending to the
present time, it is required to look to
the courts of the states for the rules
of constructions. Upon such ques-
tions, then, it is, in law and in fact
inferior in authority to the courts of
the State. 1t has the power to dis
regard the decisions OF the State
courts upon such questions, and to
enforce its own decisions in class of
cases over which it has jurisdiction,
but the superior authority of it decis-
ions upon these questions has not
been and never can be admitted. We
cannot, therefore, be expected to con-
form our rulings to the opinions of
that court upon questions of this
character, when they are in conflict
with the adjudiciations of this court.
A brief history of the conflict be-
tween this court and the U. S. Su-
preme Court, and the grounds Of the
conflicting decisions, is not out Of
place here. No attempt will be made
to give the reasons upon which are
based the ruling of this court. That
has been fully, clearly and ably done
in the cases which will be referred
to. 1t is held in the State re rel rs.
The county of Wapel!o, 13 Iowa, 3S9,
by a unanimous court, in a carefully
prepared and well considered opin-
ion, after elaborate and profound
argument by counsel, among the
ablest In the State, that the
Constitution confers no power upon
the Legislature to authorize counties
and cities to become stockholders in
railroad interpretations, and to bor-
row money upon their bonds, for the
purpose af payment upon such stock.
and that under the Constitution they
are forbidden to do so. This decision
was made in June, 1862, and has been
followed and reaffirmed by the fol-
lowing cases:
Myersvs. johnson county. 14Iowa,
Al.
McMillen ct. al. VS.. Boyles ct. al.
Same 107.
Rock ct. al. VS.. Wallace. Same, 500.
Smith VS.. Henry county. Is Iowa,
3s5.
Ten Eyck vs. the Mayor of Keok-
uk. Same, 485.
We have no room to make further
extracts from the opinion, and viii
only add that it was rendered in q
ease carried up from Washington
County, ON stock subscribed to the
Mississippi & Missouri Railroad,
Museatine and Washington,) and
that this irreprcsslble conflict be-
tween the courts promises to be live
ly, and interesting to the legal fra
ternity, as well as the tax payers of
the State.
| DEAD.
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