The Leavenworth weekly times., 1879-06-12
THE NANDAMUS SUITS.
Tee Board of Com m siOncrs Of LcaV-
enwOrth and Douglas Counties and
the COunciImen OF LcavenwOrth
City Committed for Contempt into
the hands Of ,he Emitted states Isar-

Al half past two W Sterday afternoon, Hon.
Samuel +. Miller, Associate Justice L. ;. Su-
preme Cour'; Hon. John +. Dillon, Judge L
:. Circuit CouIt; and Hon. c. q. Foster, Judge
L. =. District Jourt, presided in United
States Court at the time when the hearing
came up for the Commissioners of the coun-
ties OF Leavenworth and Douglas and the
City Council OF the City Of Leavenworth, as
TO whether or not they would enter into their
personal recogniZ tnce to obey the writs of
peremptory mandamuses a1d levy taxes in
August for the entire amount, principal and
interes the delir quencIes of the county
out of which these maudamus suits had
grown.
Judge Miller stated that the hour had come
for the Commissioners Of the respective
counties ard the Councilmen of the city OF
Leavenworth to answer what they wou d do
in regard to the levy, and, uTon further il
quiYy, all the officers were found in court.
He then asked what the Commissioners of
the county of Leaven Y orth would do.
Hon. ], W. Taylor County Attorney, of
this county, asked If 1t was the pleasure of
the Court to hear each Commissioner sepa'
rately, or the expression OF the Chairman"
Judge Miller replied that the latter would
be the way he would hear from them.
James Pick rs, Chairman of the Leaver.
worth County Board, said that the Board had
been considering this question for long
time. and in all it, bearings. and bad consul
ted their constituency upon the matter; and
after looking at 1t carefully, they were bound
TO conc. ude tt at Il wouli ruin the people, de-
populate the county and drive capital away
# the levy v a. enforced. The Board had
made promises to the people.
and they would stand by those
promises and do all N their power TO relieve
the people, The board iet satisfied that the
b pnd holders were willing To compromise
these debts and that 50 the people could pay
Them With all respect To he court, the
board fell that It's duIS to the people COM
PEELED il To decIine To make the .evy. This
was the boards conclusion. The commits
siouers were satisfied that If they han any
ch,nc. TO compromise they could do IL In "A
Very short time; in fact. that there was y
large number OF the BONDS now ready 10 sign,
made out on a compromise basis wniie hoy
ing the court would De ss lenie nj as possible
the du v the board owed to the people com
PEELED them 10 refuse To make the levy
The other two COMMISSIONERS concurred In
this statamen
Dr. John Deskin announced as Chairman
for The Douglas County Board that they We're
engaged in his county IN the work of COM
promise and II would bankrupt his people If
the levy Was made, beside ending the compro-
mise The soard must refuse, in obedience
u q
but he trusted the Court would be mercifui
10 them The other two Commissioners
agreed TO the Chairmans statement.
The city officers of Desvenworth then be-
ing called Hon. :. h. Fitzpatrick stated Il at
as the Mayor was IN rather anomalous po
sitiou and not in contempt he asked " no
should represent the standing OF the Coancil
Judge Miller replied thar if the Mayor
wished 10 speak he could do so.
Mayor Fortescue stated thst he
had never been bought unto these
into these suits for contempt, as he was only
elected In April whereupon the court told
the Mayor TO stand aside and that the presi.
dent . IN. council would be heard from.
Mr. NJ chaels, the President, sad that the
duty the council owed To the people 10 whom
they were pledged compelled the council TO
refuse to make this levy.
Mr. Jobu Volz having, before this, been
ex used because he had not been present AT
the council meeting when there WAS refusal
Ia make the order Tor the levy which b ought
about the suits, on accou9t OF sickness, be-
ing asked II he would make the levy, ans
wered decisively- mo. sir; l would not
The cou, theu said he must be Included with
the other members.
: MIR. Nichaels stated that the new Council
m, mbers are willing TO be included with the
Odd in this matter.
Judss Miller then said II at these parties
refused TO do the court command
ed, ard All ed Mr.. Wheat, sttorney, AT whose
instance the suits Were brought, what he
MP Wheel replied that the parties should
be impl ed In some United States prison.
He wa. them punished Dy fine and i'm.
prison. -snt 70 the extent % OF ,he Jaw. taw; ..,
ion ON q similar question to show The two-
fold sspeet of the cake-ihe first to punish
the guilty parties for their contempt
oSedsesss % 81 impsisou,osns ns ~ % iss - naDa.sss.
at 10 the lattac In which yc1, Ar. Wheat,
ere ooAc0nod. 1ho court = able - tAko eas0