The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1870-03-24

Mr.. EDITOR
notice to-day an article in your paper,
copied from the Chicago Tribune on the
| Iowa Bond cases.
/ would not pay any attention to this
article only for the fact that it holds up
the decisions of the Supreme Court of the
United States as something sacred, and
affirms that "the question involved in
this matter has been recently decided by
long and expensive war; and the peo-
pie of Iowa are, through such men as
Tracy, feebly renewing the controversy
which must end disastrously, not to say
disgracefully, to them" Now all this
NAV be true, but history of suit oil
this city that went to the Supreme Court
of the United States, we think would
show the Tribune That's the Supreme
Court of the United States was not infall-
| ible. ~EW Esu. o.@ n. .gN
What are the facts in our case:
Mr.. Campbell, of Chicago, formerly a
citizen of Kenosha (mark this fact) sued
the City of Kenosha for certain scrips he
held, issued under and by virtue of an
amendment of our city charter authori-
zing us to issue aay amount Of Bonds for
any tern, of time and at any rate Of inter
est xAs mrs.
This scrip originated in this way: 1t
as sFl. ffsf lsf 4.
was found that the citizens of Kenosha
had subscribed to the capital stock of the
Keno ha s. Beloit Rail Road to the
amount of $4,000 Sundry individuals
were not satisfied with this, and they con,
ceivcd the idea of compelling unwilling
citizens to subscribe also. In order to
do this, and knowing that they would re-
ceive the support of those who had al
ready taken stock in the company, they,
under the provision of the charter above
named, got the city council to pass an or
dinance authorizing the city to issue
scrip to the amount of $4,000. Now it
was we'll known at that time, that those
persons who had not taken stock did not
not wish to, but notwithstanding this,
the question was put to vote of the real
estate owners and carried; the vote stand
ing 212 for and % against.
This tax was paid in this way-those
persons who held stock in the Rail Road
presented their stock certificates which
was accepted as an offset to their tax but
Real Estate owners who did not own
stock and who did not wish to had to pay
cash. The result was as intended by the
wise men who first conceived the above
ordinances that of the $4,000 tax levied
only $4,000 in money was expected, and
failing to collect the tax, Scrip was issued
to that amount, viz, 100000 This Scrip
was sold as low as Is cents on the dollar
because it was we'll known that citizens
would resist it's payment, and in the only
case that has gone to our. Supreme Court
the treasurer was enjoined from collect
ing it.
And the court was right, for the hold
ers of this scrip aim to collect it from all
, property-Personal as well as Real-al
| though only Real Estate owners were al
} lowed to vote on the question of their is
sue. stsasl8@. .ega
March %. 1853 the Legislature passed
an act authorizing the City to issue Bonds
to the amount of $15O,000to aid in the
construction of the Kenosha s. Beloit
Rail Road Under this act $150,000 of
: Bonds were issued and delivered 70 the
r. r. Company.
Now notice the difference in the two
acts the scrip was issued by an amend
ment to our charter, which is in direct
violation of the constitution of our State,
and has been pronounced SO by our SUI
preme Court. The Bonds were issued by
virtue of special law, the validity of
which is question, not yet decided.
But the two issues are entirely dissimi-
lar This scrip in litigation was decided
in the United States Circuit Court of our
State as illegal; and costs thrown on the
plaintiff Mr.. Campbell The suit was
appealed by Mr.. G. to the Supreme Court
Of the United States and ably argued by
j. W. Cary, the attorney on the part of
the City, who in his brief showed the
difference between the Scrip and the
Bonds issued, underiand by virtue of the
act of March %, 1853 And yet the