The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1871-12-28

legal voters of the g~precinct, the
governing powsEs have. NO right 20
submit such question toesthe voters
thereof 8
IL I "A jnsti6Sble In plsoine this
construction npon The sa{breso{d act
Of the General Assembly. the oues
ton a. to WhethSr ~ Boexd ~
Trustees ID this Instance sxoseded
their proper 81 otherwise
actsd Illegally, y easy Of solutlon:-,
lnA proceeding Of this nature. the
action Of thestnferior tribunal Nhoee'
proceedings m called In question.
viii not be revived unless ~ return
to the writ Of o~ertiorari the errors
complained OF appear afirmatively
TO have been committed. In other
words, the cause must stand or fall
upon the answer of ths respondents
TO the writ, and if it appear that ia.
risdiction was obtained over the sub.
ject matter involved, by legal and
competent evidence, although slieht,
it's proceedings will not be interfered
with. 1t 10 only whore jurisdiction
is based on illegal or incompetent
evidence, or Is assumed il the A.
sence of any evidence-when owl.
dence is required to give jurlsdiction
that the actions Of inferior .tribu.
mails will be reviewed by certiorari.
Viewing the action ofthe respond.
ents in the light Of the construction,
l have placed upon the second sec-
tion of the act Of the 18th General
Assembly: Did they exceed their
jurisdiction or otherwise act illegally
in the instance complained Off Had
they any evidonce before them that
could be called competent or legal
evidence Is proof of the jurisdictional
question presented to them by the
645 petitioners. Il ID conceded that
there was no discretion resting with
them to receive or reject the petition
ct will. It the regulate number Of
resident tar payers signed the petit
ton, notice must be given and the
election must be held, o. the law di.
recta, but until this 10 done no cleo.
ton BAN legally b held and no tar
could be legally assessed. a law 90
unjust and Furthermore e. this law
is towards the citizens, admitting its
constitutionality, should receive .
strict construction. Every provision
of it should be in the strictest man
ner complied with before the "pound
of desh"is taken, lest also the ssChrist-
ian blood be shed" BY wrestling his
property from him without authori.
ty Of law. The only evidence before
the respondents il any manner
tending to show the fact that the
90 names to the petition Comprised
the one-thild Of all the resident prop.
erty tax payers Of the township, was
their own personal knowledge Of the
people Of the township, the state.
mont of DR.. 8. D. Carpenter, not
sworn to, and the comparing Of the
registered list Of the voters Of the torn-
ship acith the names appended to the
petition. Why examine the regis
tered list of voters aud not the list of
tax Payers of the township in the
Treasurer's office, if they were look
ing for the names Of the resident tar
payers? 1t 10 evident to my mind
that respondents based their action,
in ordering the notice to be givcn
and the election to be held, solely mp
on the simple fact that over one
third of the legal voters of the town.
ship had signed said petition without
nEy reference to the property quail
fication of the petitioners.
Their action in the premises Ia or
dering the specialization to be held
was not warranted by law, aud in
doing SO they exceeded their juris-
diction. All Of their proceedings,
therefore, subsequent TO the recep-
ton Of the petition requesting the
vote to be taken, must be set aside.
And before the question of aiding the
construction of the rs,lroad as
prayed for by the petitioners can be
re-submitted to the voters Of the
township, it must be ascsrtained BY
legal and competent evidence that Ut
least one-third of ill the resident tax
payers of the township, whose prop
erty will be charged with the pay
ment Of the tax if levied have signed
the petition.