The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1869-05-27
Judge MiIler's Decision.


ties were recently arraigned before
the US District Court, held at Des
Moines, for contempt, in refusing to
levy tax to pay the Railroad bonds,
as directed by the mandamus of the
Supreme Court Of the U. S.
Judge Saml. +. Miller, of the q.
S. Supreme Court, who was presiding,
rendered the following decision on
the johnson County case, which was
representative one:
In delivering the opinion of the
court touching the matter of punish
mcnt of members of the board of
supervisors, for contempt in not lev
ying tho tax as directed by peremp-
tory writ of mandamus, His Honor
Justice S. F. Miller, said;
"Beforc l state the viows and re-
suits at which the court has arrived,
| ask to say few words touching
my relation to these parties and this
litigation. Its a matter well known
by everybody who has taken any in
terest in this matter, that both in
this court, and in the supreme court
of the United States, | have been
opposed to the validity of these
bonds, and believe the law was against
their enforcement. That is my con-
viction as l have expressed it, both
hero and in the United States SUI
preme court.
l believe counsel for the bondhold-
ers will concede to mo what | now
claim, that in no Instance where the
supreme court has decided matter,
have | failed to carry out their deci-
sion. That so far as they have indi-
Gated principles in manner which
would enable me even by inference
to know what they wanted me to do,
l have followed these principles
With these remarks it is obvious
that, if this matter has been brought
to q state in which | am compelled
to perform an unpleasant duty with
regard to my fellow-citizens here, ii
is not done with any pleasure or sat-
isfaction to me. On the contrary
feel it my privilege to say here, that
no man Of those who are now in my
presence, neither lawyers nor liti-
giants has suffered as | have by this
litigation. You return to your homes
and resume your ordinary business,
and your hearts are diverted from
this perplexity; but | come worn
down by labor on the bench of the
supreme court of the United States
to Iowa and other courts in my cir
cult, and meet this bond question at
every m,-when l return to the
supreme court find it constantly re-
curing there,-and when in consul
tation with my brother judges of the
supreme court, find myself almost
alone in my views ON this question.
l can truthfully mako tho state
ment to-day that l would cheerfully
accept the position of any of these
getlemcn before me, if by that means
l could escape further responsibility
and vexation in this matter.
What we are going to do, is what
is asked for by counsel for the bond.
holders, and not because it is tho't |
necessary for the vindication of the
dignity Of the court. Ii that were
all, you would be discharged without |
any punishment, and without any
costs were it not that the officers Of |
the court are entitled to compensa-
ton for their services.
The supreme court of the United |
States if not by express decision, yet
by such decision as makes it the nee
ossary implication, have hedgcd us
off from the consideration of all the
matters urged by the defense here
yesterday.
We are of the opinion that it is
our duty to hold these gentlemen in
prison or in the custody of the Uni
ted States Marshal until they obey
the mandate of this court. We feel
that we are bound to announce that
opinion, but we feel happy to say
that the court will cheerfully act up
on the suggestion offered by counsel
for REALTORS, namely: that those who
shall agree to obey the mandate of
this court in good faith before it's
next term, may be permitted to go
on their bail already given, and their
cases for contempt will be continued
until that time"