, 1869-03-10
CONFLICT OF JURISDICTION.
Important Action Of Judge Beck,
OF Iowa,
ArrC.t and ReleRto of lhe Ronrd
Of Supcrvt4ors Of Leo
County, Iowa.

VA +AN 81 lA3ks &AG QAAtCA GtAkCb ACP0ty
Marshal for lows arrested the Board Of su-
persisors Of Lee County. Iowa, upon An at-
tacbmcnt for contempt Of the United 9tAtes
Circuit Court At Chicago, for not ohcJing the
mandate Of that court, requiring them 10
levy q tnI to pny three certain judgments Of
J. Edgar Thomson against Lee County, lad
in raid court.
Almost Immediately afeef the arroEt Harry
Fulton, Uulted States Deputy Marshal, wA&
served by the Sheriff Of this county With
writ Of hootaa eerpus, requiring him Imn<di-
atel5 10 bring the bodies OF the Supervisors
arrested before Hon. J, ~ Beck, Que Of this
Supreme Judges Of lows, at Fort Madison,
and to chow why the said parties we're held
by bin. ...--.,
return upon the habtas eoyptst respectfully
showing to Ills Honor, Jndgc Beck, that said
parties were arrested, and in the possession
Of the defendant (Fulton), by virtue Of The
writ Of Attachment Aforesaid. That hs held
them and intended to take them to Chicago
to answer or be punished for contempt otsald
court, and that he rcIused to bring them be-
fore His Honor or surrender them to the iu-
r'sdicion OF the State courts.
Upon thA return being made, q motion WAS
made by plaintiffs that the Marshal be At
tfched, and the Sheriff be required and en-.
powered to forc,bly tako the prisoners from
the Marshal aud bring them before sa1d
Judge, but 81 all these proceedings, The ar
rest and serving Of tho wit Of ha1eas
co.pus etc., were had in tho Court
House, and the parties were all actually
before the Judge, and counsel said no effort
would be made to remove the partiet, until
final determination and order wts made ou
the Marshal's return, the Judge oyarruled
tho motions, and the cause WIS then argued
for two days by R Il. Gilmore, Francis sau.
pie, Hon. D. F. Miller aud Judge ]. ".
Casey, attorneys for the Supervisors, and by
myself for the United States Marshal. We
submitted the case to Hts Honor Judge
Beck, late Wednesday night, and to-day
Judge Beck read bis opinion, about eighty
pages long, and uncondltlonally released the
board.
Cbecss from tho crowd and Supervisors
greeted the announcement.
By my direction the United States Marshal
then demanded that they 60 with him Ia
Chicago, notwithstanding their release. ELL
Honor, judge Beck, then told tho MarshAl Il
| would be sufficient for him to return on The
writ that the prisoners had been released OF
his order, and that be had no power to call I
posss to take them out OF the state; and
thercupon, the return day OF the writ haTiue
passed. the Marshal, having no force at hi,
| command. aud being unable 10 take seTa1
teen men alone, let them 60,
| The board then went into session, and OF
dered fifteen hundred copies Of Judge Beck
opinion to be printed, and copies sent h
General Grant, Preaident Of the unltcs
States, all members Of his Cabinet, member
of Congress, State and United States Judges
and other parties.
Judge Beck holda th1t the United State
Court at Chicago had no Jurisdiction; tha
tho nsasdanus proceedings was ucw suit
that all TINT transpired In judge Drum
mond's court after Judgment on the rAilroa'
coupons was a nullity that State cour
had the right 10 70 back Of the warrant Q
arrest and inquire into tho cause OF the CON
mttneut, Notwithstanding the warrant vi
under the hand Of ths Clerk and the seal q
the. court, and recitcd,su the necessary J1rl,
dictional facts on the face Of it.
He cri lclsad the case OF Ableman '
Booth, In II Howard, aud refused 10 recol
ni:ethe doctrine therein laid d,wu ss bind
leg on him. although be admitted that mos
raised aud settled by the Supreme Court
the United States in that case.
He slao said that an appeal might b
taken from his decision to the Supreme Cou
Of the State Of Iowa, and from thence,
writ Of error, would lie to the the supreu
Court ofthe United States; and that when tt
lAst-naUed court reverted the declsiou he hs
Just made, nud sent = proetdtndo back |
I Rat Ia f,1n = -. nj