The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1869-01-20
to decision Of dozen years ago and in-
that that old decision shall stand fofovgs

10 decision OF dozen years ago and IN /
that that old decision shall stand forsvps |
t,the law Of lows 20 far Is citizens Of o.
States are concerned. And 30 practfcaaV
y, have two directly contradictory dec'ssQns
IRE calling in in our State, the one seforesd
by our own State courts, and the other ~
Federal authority. Such condition q
things il ! scandal and " outrage upon our
Isvstem Of Government, and shame TO the
judicial tribunal which raises the question
and persists obstioasely in trying TO dragon
the State court into subsection to the IN
founded pretensions Of paramount authority
claimed By judge Drummond.
In cases arising under the Constitution
and laws Of the United States, the supreme
Court of the United Stateshds paramount
authority. But this does not belong 10 that
class Of cases, but arises under the Constr
tuition and laws of lows exclusively. The
Federal Court has jurisdiction, only, because
parties li.igant are citizens Of other States
and the jurisdiction il simply, At the most
concurrent With the State court over the mat
tar, in litigation. OF course in this state OF
things. the Federal Courts vsrs liabis 70 decide
one way, and the State Courts another way.
And so, to prevent any such unseemly con-
fict, the Supreme Court of the United states
in its earlier and better days, when It was
both .mors modest and more courteous,
adopted thu principle that theywoah 'felioS
the decisions Of the Saprems Courts oftAe
States in matters arising under their constl'
tuition and Laws. That, We take It, was
SOUND principle, and one under which no
sach temper as that exhibited BY Judge
Drummond would have found expression
fton tAe Bench or backing ewes rom u
ssbally boz press Of Chidgo. The o.
Of THAT very reasonable and proper rule Of
the Supreme Court Of the United States, was
to secure uniformity Of decisions under the
State Laws, and to prevent conflict and strife.
That purpose is utterly ignored and defeated
By the modification Of the rule, which recog-
n,sss only the validity Of the earlier decisieni,
and repudiates and scornfully scouts those
decisions which now constitute the accepted
law fthe State Of Iowa under our own judi
ciary.
In ell cases where the U. s. Supreme Court
has 1aavamo3at anthority, tie laws Of the
United States have provided for the exercise
Of that authority by process to bring the cases
up for revision by that Cesrt; in all other
cases the jurisdiction is concurrent with the
State Courts, and the Courts are independen
Of each other, and supreme in their sphere.
II follows then that the Board Of Supervi-
sors, having been served with an Injunction
against levying a tax forthe payment OF these
bonds, were fairly and clearly entitled to
obey it, and indeed in view Of all the
circumstances, we hold were bound to obey
it. And having obeyed it, the attempt Of
another Court, on the false pretence Of para
mount authority in the premises, to punish
them for it, seems grossly unjust, and can
only be sustained BY paramount brute force.
If anything further is TO be done in the prem
Uses BY Judge Drummond, let him take the
bull by the horns and arrest the Supreme
Court Of Iowa, instead Of the Supervisors Of
Lee county, who simply obeyed tho r.-. d-.-.
The Supervisors were advised that the author
iy Of ths Supreme Court OF Iowassis 70 be
obsyed, snd they obeyed 1t. If they IRE
lpanisbed for that, the world viii know thu,
there is wrong somewhere, that somebody
has Numbered, and that they are suffering
unjustly; and they, and their fellow-citizens
and the world in general, will lay the blame
| on the Court which inhicts the unjust pun
ishment.
For ourself, we have no doubt that judge
Drummond is in the wrong; and We fee
we'll assured that the Supreme Court OF thu
| United States is also IN error in the matter
We trust that they will not undertake to en-
I forsaLAeir erroneous views, but that the,
will eventually abandon them, adopt thu
/ early rule Of their Court in its true, peaceful
aud courteous spirit, and forego any furthe
/ attempts to produce confusion, conflict ant
strife, in the Interpretation and administration
of the Constitution and Laws Of Iowa.
The Quincy Wing says According t
the report Of the State Auditor, the humble
! Of miles Of railroad in operation in lllinoi
is {, $40, with an assessed value of SIS, 189,
9S4. The actual cost, however, Was proba
bly, not less than 500. 100000, From this
| would seem that railroads pay less Ia