Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1871-05-11
Gan our Cou nty ana Town LiabilltAe
be Collected

to attorneys from ono to five thousand
dollars per year to defend us against suits
apon it's bonds, bat it is known that all
tae courts both State AMI FEDERAL have
decided against us, and said We must pay.
j. 1t best to resist any longer? Other
towns and counties in this and other
States have played tho same role, but we
have yet to learn of Il single instance
where, after tho courts have pronounced
agains,a corporation, that it as::escaped
Some, it is true, are released on payment
Of part; others have paid the whole with
interest and costs. Beloit for years
cvadcd payment by its officers failing to
qualify, but that dodge is played out,
and it has settled and several counties
in the State Of Iowa are paying up.
Judg Dillon, of tue United States Cir>
Quit Court, Missouri has recently deliv'
cred an important opinion ia the case OF
WEIGH vs. 81 Geneveve. 1t appears
chat the city Of St Geneyieve issued Ger
tain negotiable bonds, which it failed to
pay Ga the 9th Of September, 1865,
the plaintiff filed declaration thereon,
and issued summons In October, 1866,
judgment by default for s. COS was rem
dsred IA execution was issued, and
returned unsatisfed The plaintiff then
applied for a mandamns to compel the
old officers to collect n tax They made
return that they were ousted from Office
in 1865, five days before the suit was
commenced, because they refused to take
the oath Of loyalty prescribed by the
constitution Of Missouri, and that no Of
fcers had since been elected Ga this
return the respondents were discharged
and the ndomitabIe WeIch applied for
the appointment Of the Marshal or some
competent person to assess, levy and col
lect upon the taxable property within
the corporation tax sufficient to pay the
Judgment. After Pushing aside the
minor questions, Judge Dillon, reaches
the main point, as to whether the court
will appoint the Marshal or som. compe-
tent person to levy aud collect u tax to
pay the plaintiff, and says:
For the debt he has the Judgment Of
this court Execution has been return :
cd meta bonu 1t the corporation bad
atlcc II manlamus to require them to
2evy and collect the tax would be REM
e1y not only proper in ITSELF bat one
to which the. plaintiff 10 entitled as
Of right This is settled law in this
oourt, and it is not necessary to cite
cases upon the subject decided by the
Supreme Court Of the Unlt,d States.
The corporation. however, has moo Ulcers
and we fear it is but too plain that the
reason why the inhabitants do not elect
officers under the act of February 10Th,
1865, is that they cherish the delusion
thnt they can defeat tho rights of cred
itors, and by ttking on new organza-
ton escape old liabilities Such notions
OF justice or corporate morality, it enters
tanned, receive no conntenance in the
legislation or in1iciaI decision. IN Mis-.
souri, or elsewhere. (Lin He'll "a, Burton,
6 Mo, SOL Rev st. 1895. p 2il; Bau
Va. Museosine, s Wall, 5.5, 5Sl.3-4;
Bank vs. Patton, | Rob Ua) l9o; Van
Holman ys Quincy, Wall, 500
This court mast protect and enforce
the rights Of its constitutional sutors
The sending of It's Marshal into an in
dehtrd municipality, armed with authors
ity To levy and collect n tax, is the exer-
else of n delicate and extraordinary
power to be avoided whenever possible J;
hut which it will use whenever nd =
ments it renders cannot Otherwise he en-.
forced (Rigss vs. johnson cnuny, G
Was, l66, los; Lansing VS. Treasurer,
dc, . Am. Ian Reg, \ 5 4l5)
Were there any municipal Offices IN
csse. the court certainly would not in
thc first instance, appoint its Marshal
but would issue ia oummlnd to them.
/. Under the peculiar circumstances OF
this ease, which is, without u precedent
there seems to he ~ remedy to the
plaintiff hut to make the order he asks
Anxious, hover, to avoid If may be
tie carrying OF this order into eiect,and
to allow the corporation time to elect os.
iicers and itself To levy and collect the
tax. the execution OF the order will be
suspended for the space Of three months,
and the right reserved to suspend it lon,
ger i, A showing he made to the court, OF
either of It's judges. that an election %
munirip.l officers. as pro ided by ta,
law and charter, has been duly held, anI
that the proper baly has levied, and /
proceeding according 10 law, to collect
the taxes necessary 70 salty the plain
tT Judgment Ordered accordingly
,By recurring to JGiGe eNllls letter,