Cedar Falls gazette. [volume] (Cedar Falls, Iowa) 1860-1895, 1870-06-10
THE GAZETTE
CEDAR FALLS, JUNE 10, 1870.
Railroad Bond Cases.

kGaItroau oOlu MISSES
A source Of annoyance in the
Southwestern part Of Iowa Is the
railroad bond cases, which have been
passed through almost all the phases
OF litigation. They have attracted
unusual attention, and gone so far
that ut one time it was thought
necessary to call out the military to
enforce the DEGREES of the United
States Court in judgments in favor OF
the bond holder. A recent opinion
of Judge Dillon, lately one of the
Judges q tue Supreme Court OF
Iowa, and how a United States Cir
cult Judge disposes Of number OF
these cases in favor of the bond
holders. In rendering judgment in
the case against Muscatine county,
one of the parties involved in this
labyrinth Of difficulties, he INDUCES
In this emphatic and decisive lam
guage, In referring to the opinions EN-
tertnined by the Supreme Court OF
the United States i'm a multitude OF
similar and exact cases:
at would he no act Of kindness to
the people Of these counties and cities
for this court to either ignore the de
cisions of the Supreme court or re.
fuse tn carry out the principles which
IL has decided, for i'm the end. and he
fore long, we too would be compelled
to obey its mandates. II is the supe
rior tribunal, and we have no choice
but to obey and carry out its de-
cisions." 70 -a~E@
No judge of any Of the nine cir
cults could be expected to be more
prejudiced i'm favor of the counties
than Judge Dillon were he capable
OF such narrowness, from the fact
that his sympathies are entirely with
the corporate litigants. He Is resi-
dent of Scott county, one of the con-
testants, and would naturally par
take of the passions of those who
resist the claims of the bond holders.
In this case. he has risen above his
private relations, and taking the law
a. laid down by the Supreme Court
OF the United States as his guide, de.
termined the question against the
counties. 1t is unfortunate for the
sfflicted counties. They carry an
enormous weight i'm view of their
engermess to obtain public improves
ments, by pledging the credit of mu-
inequalities for their creation and
construction.
notwithstanding these encroach-
Ing evils, pains that cramp the in
dustry and paralize the parts of the
State affected by them, there is an
Impotence manifested elsewhere, to
repeat the same blunder and cripple
the energies of the people i'm other
localities. Happily, there Is consti-
tutional bar to such action. The PEG.
pie Of this State will most likely vote
for constitutional convention this
year, and as likely the question of
authorizing counties, townships and
cities, as corporate bodies, to vote aid
to railroads will be tremendously
brought forward. and argued with in
ordinate zeal. The people need be on
their guard. With the present con-
stitutional prohibition, it is impossi-
BILE for certain counties to escape pay
ment of All Indebtedness of this class,
for which they have received no
equivalent. A blunder of legislation,
and a still grosser one by the SUI
preme court of Iowa-an uLpardon-
able one-in constituting the funda-
mental law of the State has led to all
this tangle of litigation with the
penalties of heart burnings, pay
ments, COSTS and lawyers fees, aud
arrests and imprisonments of Boards
of Supervisors. and it is necessary
that the Prohibition i'm the new con-
stitution, if such be voted, be careful
ly and perspiciously worded, that
other counties which have escaped,
may continue to steer clear of this
dangerous financial coast.