Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1871-04-27
necessary in looking for the power and

necessary in looking for the power and
duty Of the court, thus to interfere fol
the purpose of preventing injustice, u
90 further, than to the simple, pSlpablt
justice and equity of the case.
| This matter OF ohsettIng county cred
its against county debts or taxes is nc
novelty. lr is but few Years since
nearly all our county taxes were paid in
comfy orders-county orders are moth !
ing bat county Indebtedness and who
doubts now, tb t if II man had county
order large enough 10 pay his county
tax. the treasurer woad, and would be
Obliged to, receive 1t in payment? And
if any town should have i county order
large enough to pay the Whole OF the
county tax apportiened 60 such Town, can
there be any doubt aboot the risht OF
the town to Offset IT, against It's proper
ton OF the county tax? tnink not
There is one other view OF tDls mat
ter, which thorough consideration OF
the que itlon requires should he noticed
1t has been said 10y the creditors u
tie com y or their attorneys, Jbt.s the
T. = Courts will direct tue L. :. Mar,
,hals to collect its jud ,ments without
he Intervention OF county osbcer, or
county taxation Ii this is ever done II
Viii be upon tue principle 1hat Tor every
right there is il remedy, and, thaL II the
state laws and State olheers do no furnish
an adequate remedy Tor the collection oil
lbe Judgments oil the t. >. courts, those
courts Will prevIlc such remedy. HDen
ever they undertake ~ do thaty 1t Is boz
right to assume, that such remedy wi!
20 no further than Is necessary, ANA tudJ
parties. If then tue equitable rl1nls oi
the creditor towns were presented 10 tue
consideration OF the court, 1t would o.,
course, III prescribing any mode Tor tie
endorsements " It's judi 5ments, adopt sue
as would result In collecting the debt
from the debtor towns, and IL wuuld noe
permit its marshal to collect money IRON
the creditor towns Tor no other purpose
than to pay 1t back again.
IL is, perhaps, not Out OF place to no.
tice "a doubt suggested by Inc editor oi
the MIHERAL PoINr tribune, whether
the receiving by town ol any poruon
of the county Indebtedness ,uId "be
taken IN law rs an adntsslOn vi the debt,
and leave US III n ceadltlOo tStC We yoLd
not us advantageous hsnt tae itunAln'
Ing portion Of the dcuL as We noa h. ht
the whole.
Every town and city In the county is
"A separate, Independent corporation, ana
in receiving any portion OF the conuty
Indebtedness; either IN g'vin5 a'd 70 eA-
tend the railroad or Otherwise; ~ acts |
only for itself, and its action can have no
prejudicial eject upon any other town
nor upon the county,
Receiving the county Indebtedness, !
what, ,ei Is tHe consideration Tor 1t, IL
no LEGAL adm s-ion OF the deu,." A |
person or cOrpo alton may compromise,
Or may pay IN Whole or IN parO an uu,
lust and Illegal claim, wltnoaL thereby |
raising any legal PRESUMPTION IN favor
If its justice or leG.hty, IL may buy
bis peace The law Iasors it. Bat whal>
ever presumption may ARISE against TIE
town receiving the Indebtedness IN favor
oi iss justice or iegaiity, Il any, certain.
y none could thereby be raised against
my Other town. nor the county Aud
ne town receiving the Indebtedness, If
he amount was large enough, having
hereby become creditor, would become
Interested in establishing the Legality
nd justice OF lis debt thus acquired,
nd therefore eou d not complain.
Yours, &c,
MOSES NJ. STRONG.