Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1873-10-31
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His Opinion on the Issuance
of New Bonds
GLORIOUS NEWS FOR
IOWA COUNTY !
Tho Whole Proceedings Of the
: County Board illegal and
Void.
His Honor Judge Mills, Re-
fuses to- Dissolve the
Injunction.
+: No New Bonds TO be Issued !
No New Bonds to be Issued
Joseph Blake VS.. Super gisors of
iowa County.


The BSRid Of Supervisors of lows
County. about the 10th of September
1873, resolved to issue large amount o
what are called "cosnpromiss 'bondsH,, to
Ihither' Beccher, in setttcwent Of certain
Judgements the said Luther Beccher had
obtained against the defendants on bond S
issued by the defendant county to raise
funds TO build'the Mineral Point Railroad
those old bonds were issued by the c8uhty
n the year 1859.
The plaintiff being a resident aid tax
tpayeria Iowa county, on or about the 27td
4 RfFSrptembrr 1st3, sded Out DIN iijunct-
ion 10 prevent the defendant from the is-
stlngof suets compromise bonds. The
defendant now moves TO 'dessoivs rhe,ic-
/, junction.
The only'question that TIL. coGs: .cao
decide is. whether the 'dkfsndsnt ,un~lar
Chspter l7S, Stssian' Laws 81 fElS, had
jurhdction td'nske suth co,spronaise or
not, which wilI'intltde the uuessssn as to
the validity Of ths'sct ITSELF
It ia Insisted that 'R=rtae- tue recen,
. amendments t6the ccnstitstsaca, this act is
invalid for the rcasori thststtconfers ''spac
. al rowers1 to the CeGrA,s Board Of low.
county found In tiotgtssrsl law Such sr
interpretation Of tho sccceut amendmen,
would psralyze' legisshstion to sucn an ex
tent that'a eone cgstsea to amend the con>
stitution 'wocld besaU IN cvitatie necessity
In almost S-eey county in the State,
County Boards need peculiar powers in
order to meet 'the peculiar circumstance
lin which they may tie placed. The
:Ssmcndmes.ea question prohibits "specia
QegiSlatiof.. to be sure. kBut this does not
prohibit the legislature from moulding
their general powers in such way as to
'ts:ffront the peculiar exigcncies in which
'1ach county may find itself. Some coun.
tics where swamp lands are found, have
special powers conferred: ION them in respect
thereto; but this is the moulding Of the
general powers Of the several county
boards to meet their several local condi-
ticns. Counties are by the general Law
prohibited from issucing county orders &c
greater. amount than they provide fol
the pay nent Of by the levy Of the county
tax. But the legislature might exempt Q
particular county from this restriction and
enable it to issue county orders to far 10,
ger amount tlan permitted by the genera
law where the necessities or interests O
the county require it.
If any one should examine section /!
of chapter rs of the revised statutes h,
will find that certain counties are author
lied to assess more liberal road tax thar
others. II could never have been tie in
tention Of thief late amendments to IN,
constitution to lay all the counties in .
procrustcan bed; their general powerl
may be modified to meet their peculiar con
ditions. Any other Interpretation woult
be to sacrifice the spirit to the most mar
row and niggardly Interpretation Of til,
letter which would forbid o county to set
tic bond or judgement of 800, by Civ
ing bond or county order 70 $40. Mo-
is the authority to issue "a bond differen
in its nature from issue;ng a county order
both are negotiable.
Again, it is insisted that the so called
compromise on rtain contingencies nigh
result in exacting from the county pay
/, -ment of thesnew bonds as well as the ole
Judgments. in satisfaction of which tn,
new boads are given. Suggestions of thi.
kind are made, and they are by no mean.
SO chimcricai that they may not actu
ally occur. Suppose some 1000 bonds ara
issued at $lo0 each. Nobody denies tina,
some 1000 bond holders may sac til.
county and obtain Judgment against th'
county ior the amount of each bond ane
c,sts. il the law of 1873 is valid, and 4h1
Z owner Of each bond has received it in gooC
faith here would be- vast accumulation
49, Of costs ..bs
4ccordinv IN tina pOypuroniSe tn -