The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1870-03-17
The Modification i'm Ioxvn.

The Iowa rcilroad bond cases have al
last reached point making it necessary
to ascertain by experiment whether &
Judgment of the Supreme Court of the
United States can be enforced in State
against the objections of the local judici
airy. Lee County, Iowa, voted an issue OF
certain county bonds, in aid of q railroad
A citizen took the matter before the 81
preme Court Of Iowa, which court affim-
ed the validity of the bonds. Similar
proceedings in other counties resulted in
like affirmation of the validity Of the
bonds. Six years later, when the counties,
cities and towns, unable to pay interest
or principal, repudiated the debts, the
Supreme Court OF Iowa reversed all ita
previous decisions,and decided that there
never had been any authority in the Leg
islature to sanction any such debts, or to
authorize majority of the people 10
mortgage and tax the property of others
for the benefit of private corporations
This last decision, which is unquestion
ably the correct Interpretation of law,
when the rights of third parties have not
| interviewed, came too late. Before it was
OAC DpIIlSy GWIGA Inc
authority of the highest court of the
State, had gone into the markets Of the
world. The holders had brought suit on
the interest coupons, and these suits had
been carried to the Supreme Court Of The
United States. That court. adhering to a
ruleof seventy years standing, that the
decision of the Supreme Court of State
is conclusive as to the proper construc
ton Of the State Constitution and laWs,
and that, inasmuch MS the Iowa Suprem
Court pronounced these bonds to be val
id, the holders were entitled tG recOv ef
upon them, gave Judgment accordingly
The cases were again taken up, and tbs
changed judgment OF the Iowa Court T.
ed; but the Supreme Court Of tie United
States held that, as the bonds were pur-
chase for value, on the faltn oianlexlst
Ing judicial decision, the subsequent opin7
ION of the 1owayCpurt could not inYaij
date them The people of Lee County
however, have devoted six or eight year
of expensive and technical litigation to
have this chlnged; but the Supren
Court, in some thirty eases, has affirm,
the decision, the last time ma icatibg III
proper mode of enforcing the collection
OF the d BIT Judge Drummond, of tht
district (to whose court this case haG
been transferred, year OF more ago, Try
mteddmuS directed the Supervisors o..
Lee County to assess the tax and provid
for its collection. That body subst quen :
ly voted not to do so, pleading an ihjnnc
ton Of State Court, Judge Drummon.
thereupon issued an attachment against
the Supervisors, and they were arrested
by the Marshal. Judge Beck. of the Su-
preme Court Of the State, by Aa6eqs cor
pms, brought the Supervisors before him
aud discharged them. This action Of
Judge Beck was subsequently reviewed
and reversed by the full bench of the
State, and the Supervisors were remand
ed to the custody of the Marshal. They
were, however, allowed to go on parole,
until such time as they could act officially,
md they have since assessed the required
tax, ana provided for it's collections
\ At this sjuncture Judge Tracey, of Lee
County, has granted an injunction re-
strainlng the County Treasurer from en-
forcing the collection Of the tax from any
unwilling taxpayers, thereby practically
multiplying not only the judgment of the
Supreme Court of the United States, bui
that of the Supreme Court Of Iowa.
1t has not been very long since the At
torney- General of the State intimated, In
a public speech, that If there was no her
way to defeat the endorsements of the
United States Courts, the people could
refuse voluntary payment of the taxes
and, in case the Marshal proceeded to
sell the property, no persons would DE
found bold enough to purchase it. But
Judge Tracey has not waited for such an
emergency. He has interposed his in
junction restraining the tax-collector from
any proceeding against the property on
which the tax has been assessed This is,
substantially, renewal of the contempt
# court for which the Supervisors were
arrested. Whether Judge Tracey is amen
able for contempt or not, the Treasurer
will be, Should he elect to obey Judge
Tracey, it is likely he may find himsell
under arrest The action of Judge Beck.
in discharging the Supervisors from ar
rest, delayed the levying of the tax for
nearly q year, and for this delay interest
must be paid. The Treasurer must elecr
whether he owes an allegiance" to Iowa,
or rather to Judge Tracey, greater than
he owes to the nation; and he must de-
eide whether he will rebel, and treat the
authority of the United States Supreme
Court with contempt, because some local
court has absolved him from his allie
glance to the United States and their au-
thority. The question involved in this
matter has been recently decided by a
long and expensive war; and the people
of Iowa ale, through such men as Tracey,
feebly renewing the controversy, which
must end disastrously, not to say dis
gracefully, to them.