Buchanan County bulletin. [volume] (Independence, Iowa) 1869-1891, 1874-02-13
District ". Cireuit Csu.t.

District ". Cireait Csust.
Waterloo was favored with agen-
uins sensation last week in the shape
Of tie locking Of horns by Judge
Wilson Of the District Court, and
Judge Bags Of the Circuit Court,
on q qucstisn Of jurisdiction. The
merits Of the case are, in brief, as
follows: The Waterloo Savings
Bank, which closed its doors in
November with assets very much
short of its liabilities, in default Of
efforts by its creditors to come to
some equitable arrangement re-
speoting the claims, finally made
an assignment. Mr.. l.. Hurlbut, Of
Waterloo, was named as. assignee,
and accepting the trust, entered up
on his duties. At the next term Of
the District Court q petition was
presented praying for the appoint
ment ola Receiver, and Judge Will
son appointed G. w. Miller. Mr..
Miller filed his bond, and upon de-
handing possession of the books
and assets of the Bank, was met by
refusal from the assignee, Mr..
Hurlbut. The matter was remand
ed to Judge Wilson, who, on motion
Of Miller's attorneys, cited Hurlbut
to appear and show cause why he
should not be punished for contempt.
Upon hearing, he WAS given three
days to turn over the assets to the
Receiver; at the end of which time,
still refusing, he was committed to
Waterloo Jail. The same day a writ
Of hadeas corpus was issued by
Judge Bagg At Delhi, directing the
Sheriff Of Blackhawk county to
bring Hurlbut before him. Judge
Wilson ordered the Sheriff to disc.
hey tho writ and make return that
Hurlbut was held in Jail on the or
der Of the District Court for con-
tempt, and could not be legally deliv-
cred up. The Sheriff accordingly
made this return to Judge Bagg in
person at Delhi. The latter there
upon placed the writ in the hands
Of tho Sheriff Of Delaware county
for service. This officer went to
Waterloo aud returned with Hurl-
but. A hearing on the writ was
fixed for Monday Of this week in
this city, bat before this came off
the case was sent to the Supreme
Court on certiorari. Meanwhile
Hurlbut is at large on his own re-
cogniEance.
As to the merits or the legal
points involved in the conflict, it is
proper to withhold comment at this
time. We can only say that it
seems from the reading Of the law
and constitution that in granting
the writ Of habeas corpus, Judge
Bagg simply performed duty
which be could not have evaded
with safety. He is given no discre.
ton to refuse it when a prima facie
case is brought to his notice.
Regarding the action Of some fiji.
teen attorneys-some Of them inter-
ested in the case-professing to be
tho bar Of Blackhawk county, who
got together at Waterloo, and, by
solemn preamble and resolution, pro-
ceeded to declare the action of Judge
Wilson all right and that Of Judge
Bagg all wrong, it is not improper
to characterize it as not only in the
worst possible taste, but as supreme
ly ridiculous. The idea of q lot of
attorneys calling meeting to settle
q point of law or Jurisdiction, as
crossroads politicians decide intri-
cate points of diplomacy, by where
As aud resolution, is so broadly far
cical that we apprehsnd the "Black-
hawk bar" will not soon hear the
last Of 1t. 1t may have been a salve
for the worsted attorneys in the case
10 thus metaphorically snap their
fingers at Judge Bagg, but why the
others should have joined in it, ex-
,ept from motives that will not bear
examination, we can not see. So
Iar as We have heard the opinion of
egsl men regarding it, this perfor-
nance is characterized as unwise,
f not impertinent. 1t is not free
rom tho imputation of petty malice
md professional jealousy, and this
8 not entirely concealed by the az
erthought of the added resolution,
o the effect that they edo not intend
o condemn one court and extol
P. S.-Since tho above was writ
on the Waterloo Courier has been
'sceived, containing a note from C.
". Mullan, one of the attorneys
yhose names appear in the report
# the above meeting as participa-
ing in it. Mr.. Mullan explains that,
# the fifteen attorneys at the meet
half the bar of Blackhawk
voted for the foolish
esolutions, four were opposed to
hem, and four, including J. Il. Pow
RS the Chairman, did not express
N opinion, or vo'e on the question
f their adoption. Mr.. Mullan furth-
,r axnlaina that. ,,f fha sovon who