Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1871-05-11
For the Mineral Point TRIBUNE
Letter from, Hon. II. =. NagOon,. Con-
corning MIR. Pobb's Rail-road
Proposition.

EDIroR OF THE TRIBUNE:-The propo-
sition of Geo. w Cobb, to extend and
build a railroad from Mineral Point
northward to the Wisconsin river, on
the basis that the towns Of Iowa county
shall subscribe $500 900 stock, the bonds
of which to he delivered ONLY az fast as
the railroad is finished, and for each
bond 80 delive. ed he is to surrender an
equal amount OF the County'of Iowa
indebtedness been submitted to my
examination and my professional opinion
asked have received a number of in.
qniries on the suhect
True lam not citizen ard taxpayer
Of your county, nor am, acquainted
with every detail Of that exhaustive liti,
CATION which ended in judgments against
the county. Yet no less true, / am 'your
county's neigh or and friend; cherish
more than neighborly interest in the
welfare and prosperity OF your people !;
and when, as now, n proposition that at>
fects their interests vitality, is referred to
my judgment, and my opinion is asked, |
would be false to my duty and friendly
sentiments, did not speak out plain
and promptly
Courts of last rsort have rendered
judgments against Iowa county, in ia
vor Of holders Of railroad bonds. Those
judgments are unpaid. If the Judgment.
creditors insist, every dollar OF those
judgments must be met To. prevent it
Ultimately, is legally impossible. The
judicial ann of this government is long
enough, strong enough, If ins okca, to
reach every man, and dcllnr' ct taxable
property, until the whole .GebS is paid
That such is the law is unidentified; see
decisions Of U. ). Supreme Court, Won
Hoffman Us City Of Quincy, 4 Wallace,
So; Riggs Us Johnson County, 6 Wall
lace, 1876; Butt rs NMscantine, s Wal
lace, 515 also, Carpenter rs Beloit, 20
Wisconsin r., 70; Souter rs City OF
Madison, 3 Wis. r. 50; Knox County
Us Aspinwall, 81 Toward y s., 316;
United State. rs. Mayor Of Burlington. ,
Ana Law Reg, ~ :. 30i; and o'her
eases of like significance. Ihay, there,
tore, is dangerous Reputation OF the
debt would be an insutSerahe public dis.
honor; while q pnlpablc violation of .ju.
dicial mandates AMI Of the law would
| be "a crime, " rebellion Itself, and ought
not to be. either hazardcl or tolerated
Such course, If generally adopted
would sap the foundation of NIL business
confidence, of all society and govern
mcnt, and be sotallv destructive of the
principles upon whish the Republic
rests
With due attention, I have read the
published opinions of Hon, NJ NJ Strong
and Judge Cdhren, respecting the legal
status of the towns, after they ha | nc.
ccpted Mr. Cohhs proposition, and while
holding by assignment portions of the
county Indebtedness Yhose legal opin,
IONS accord wi II my owd Judgment Of
the law However. to make MI p!ain, an
act of the Legislature viii be necessary
giving to each town the right to directly
offset against the county such amount OF
the county debt "a may have been as,
si.ncd to and held by the town, and to
deduct the same from the iudgmcnt-tax
no,lcctahle against the town Such an
act would be ouly Putting into statutes
form, the undoubtei decision Of equity !;
and the perfect justice thereof would IN
sure its speedy passage by the i.egls'a>
tioh.
II might be suggested that PROPOSE
ton in the corporate name md under
the seal of a railroad company. organic.
ed operating and holding property un,
der the laws Of this State-for instance
proposition from the Mineral Point
Railroai-emhodying the identical terms
Of Mr.. Cobbs proposition, would relieve
the peoobe of any danger arising from
the contingency of his decease, and
woald then be s.ch proposition that if
secepted and acted Oh in good faith BY