Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1871-05-19
Letter Concerning Mr.. Cobb's
Railroad Proposition.
rp, -. .5;naroI Paint Tribune. |


Cobb, to extend and build railroad from
Mineral Point northward to the Wlscon-
sin river, on the basis that the towns OF
Iowa county shall subscribe 100000
stock. the bonds for which to be delivered
only as fast as the road is finished, and
for each bond, so delivered, be is to sur
render an equal amount of the county of
Iowas Indebtedness, has been submitted
to my examination, and my professional
opinion asked. have received number
of inquiries on the subject.
True, am not citizen and taxpayer
Of your county, nor am | acquainted with
every detail of that exhaustive litigation
which ended in judgments against the
county. Yet, no less true. | am your
county's neighbor and friend | cherish
more than neighborly interest in the
welfare and progress of your people and
when, as now, a proposition that affects
their interests vitality, is referred to my
judgment and my opinion is asked, l
would be false to my duty and friendly
sentiments, did I not speak out plainly
and promptly.
Courts of last resort have rendered iudg-
ment against Iowa county in favor of hold
ers of railroad bonds. Those judgments
are unpaid IF the judgment creditors in
sist every dollar of those judgments must
be met. To prevent it, ultimately, is le'
gally impossible. The judicial arm of this
government is long enough, strong enough
if invoked, to reach every man and dollar
of taxable property, until the whole debt
is paid. That such is the law, is undoubt
ed; see decisions of y. S. Supreme Court
Van Hoffman Us. City of Quincy, 4 Wal
lace 635; Riggs cs. johnson county, {
Wallace l66; Butt 0s. Muscatine, 8 Wal
lace, SIS; also, Carpenter Cs. Beloit, 2(
Wisconsin R., 70; Souter Us. City of Mad
ison, 10 Wis. R., 80; Knox county cs. AS
pinwall, "a Howard N. S, 376; United
States vs, Mayor of Burlington, 2 Am
Law Reg, N. S., 1914; and other cases Of
like significance. Delay, therefore, is dan
gerous; reputation of the debt would be
an insuffe,able public dishonor while g
palpable violation ofjudicial mandates and
of the law, would be crime, rebellion
itself, and ought not to be either hlzarded
or tolerated. Such course if generally
adopted would sap the foundation of al
business confidence, of all society and gov
eminent, and be totally destructive of the
principles upon which the Republic rests.
With due attention, have read the
published opinions of Hon. M. NJ. Strong
and Judge Cothren, respecting the legal
status of the towns, after they had accept.
ed Mr.. Cobb's proposition, and while hold
ing by assignment portions of the county
Indebtedness. Those legal opinions &C
cord with my own Judgment of the law.
However, to make all plain, an act of the
Legislature will be necessary, giving to
each town the right to directly offset
against the county, such amount of the
county debt as may have been assigned to
and held by the town, and to deduct the
same from the udgment-tax collectlble
against the town. Such an act would only
be putting into statue-form the uEdoubted
decision of equity, and the. perfect justice
thereof, would insure its speedy passage
by the Legislature.
1t might be suggested that proposition
in the corporate name and under the seal
of railroad company organized, operat-
ing and holding property under the laws OF
this State-for instance, proposition from
the Mineral Point Railroad, embobying the
identical terms of Mr.. Cobbs proposition,
would relieve the people of any danger
arising from the contingency of his de-
cease, and then would be such proposition
that if accepted and acted on in good faith
by the people, would thereby become q
binding obligation on the railroad corpora
ton, for the possible violation Of whose
covenants, the Legislature has Nower I'M
der the constitution to repeal the comra-
ny's charter, disarm it Of every franchise,
in addition to the vast powers of the ju-
dietary whose thunders would be invoked
in aid and defense of the peoples rights.
A proposition thus made, were citizen
and heaviest taxpayer of your county, |
would not only most cheerfully accept,
bnt do everything honorable to have the
people unanimously 90 likewise. BY it,,
the county could lose nothing; but on the
contrary it would absolutely insure the
early completion of the improvement in
question.
So much for the legal questions proposed.
Now would not the extension of the rail-
road northward from Mineral Point,
through the whole width of the county,
benefit the county generally? Would it
not in fact develop your county's resour-
ces, increase it's wealth, augment its pop
| ulation treble its business, and be link
to unite the pineries and lumber marts of
northern Wisconsin to the markets ofyour
people? Would it not vastly advantage
your sister county, Lafayette, bringing
us eventually within reach, by an iron
arm, of the Northern Pacific Railroad, TO
grasp the exports of the far and rapidly
peopling Northwest? Railroads are nee
I essities of this age. Indispensable to pro-
gress and inland commerce as is life blood
to well developed man. Wise and pru-
dent encouragement, therefore, to building
railroads as arteries of business, should
meet the hostility of no man or communi-
ty; but such encouragement, confidently
maintain, is within soundest policy, con-
ducive to the noblest public benefits, and
is demanded not only by enlightened judg-
ment and craftsmanship, but by vigorous
good sense. Your friend,
HENRY S. MACON.
Darlington, Wis, May 4, 1871.