The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1871-12-28
AN IMPORTANT RAltRoAD TAX
CASE.

sMa s sgNwg aSspasqs
AN i1roRTANT RAItRoAD TAx
CASE.
DnofsioN OF JUDGE TRACY.
n tie District Court of Henry County,
Iocd.
". A. Jordan, complainant,
RicSsrd H. Warden, 8
Paul c. Daum, fR~espondent&
Trustees Of Center Tp..
Wapello County, Iowa.
This Is . proceeding by Certiorari
calling in question the legality Of the
acts Of the respondents, q trustees ol
Center township, Wapello county,
Iowa, in ordering o special election
to be held for the purpose Of deter.
mining whether the tax.paysrs OF the
township would aid in the construc,
ton Of the Cedar Rapids 4 st. Louis
Railroad.
The complainant charges that the
respondents exceeded thor proper
jurisdiction, and otherwise acted lie.
gally in ordering this election to be
held.
The writ Of c~ertiorari was issued
by order of the District Court Of
Wapello County, and after return
thereto was made by the respond.
ents, tho venue Of the cause war
changed to this county.
The respondents, By their answer,
deny that they exceeded their juris.
diction, or otherwise acted illegally,
as charged, and show, aflrmatively,
the facts upon which they based their
action in ordering the special election
TO be held.
Theyshow BY their answer that at q
meeting of their Board, regularly
held on the 9th day ofJanuary, 1871
. petition was presented purportina
to be signed by more than one-third
Of the resident taxpayers Of the
township, (said petition containing
545 names) asking that the question
of aiding in the construction Of the
railroad above named be submitted
to the voters Of the township |; that
from their own knowledge Of. and
acquaintance with, the people Of the
townshlp-from the statements ol
DR.. 8. u. Carpenter, who presented
the petition to them, and By compar
ing the names Of the petitioners with
tho registered list Of voters of the
township, they became satisfied tina,
the requisite one-third Of the residen,
taxpayers ofthe township had sign.
ed said petition, and that 4 specia
election for the purpose indicated by
the petition was accordingly ordered
to be held.
q. B. Headershott aud W. W
Cory, Attorneys for complainant.
II. H. Trim6le and NJ. L. Burton
Attorneys for respondent.
Opinion by ]. Tracy, Distric,
Judge,
1t is claimed by the learned com.
sell tor the respondents that the act,
OF the Board Of Trustees complained
of were simply ministerial. and no,
judicial. and are not. therefore. sub
iect to review OF correction bv Til,
Court, even if erroneous. by . pro
ceedinv of this kind. j am awar,
that the line of Decentralization between
ministerial and ;udie,;al acts Of nnhI;
officers ls not slwave eas;lv detar
mined. The o~faoisl aots 81 tho re
apondents in thia ;nstanca howavar
were both judicial and min;starial-
indiciaI SO far a. detarm;n;ng tn,
nueation of whathar tha rann;s;s,
humber Of resident tax navars nama,
we're si.nad ~ tho rat;t;cn ar.hns;
zinc ths election m Ia hald ana ,nin
lateral IN other mst.ors ralo.;n,
tLaratn s-nhsannant - Ia os,aS,;at
ment of lila ;nd;c;ai and h nrisd,c.;on
Al Sas, Ths onas.;an astn m,.e.ba,
tha po.r ID osTrnstaos a~oeoa"I 9hA;
;nr;sd;c,;on ~ sssmmed ;nr;sd;.,;o.
rnon Hazel sv;dsnca - ordar;nn.S
spec;ai slac,;on dsuanSa nann -. 49,
rns,r,.,;o - ~ rS.aaa -. ~,
words ..S;ansS 4. 49, .h;sf nc.L'
res;dant ~ nar.~s as saas ~.
aIsS"as 49, so"n
ohIn.r no or.ha Th;..so".u =
o..i Aa.amh,u oa11nnnN u ~
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