The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1879-06-20
THE BOND SUITS.
An Extraordinary Scene in Court

An Easy imprisonment for Obstinate
County Commissioners.
The following unusual scene occurred
Thursday afternoon June 18th at Leav-
enworth. The counties of Douglas and
Leavenworth have larger bonded debt
than they can pay. A portion of it, it is
CLAIMED, they do not rightfully owe, and
such is the feeling in both counties on
the subject that the county commission
ers have been elected with the express
pledges that they will make no levy for
the bonds. The present action is to com
pei the commissioners to make the levy.
The account we take from the Appeal
AT two O'Clock yesterday afternoon the
United States district court room was
crowded with people of the county and
city to hear the report of the board OF
county commissioners of Leayenworth
and Douglas counties and the city OF
Leavenworth to the court as to what
they would do in regard to Obeying the
order of the court. Judges Miller, Dill
Ion and Foster were on the bench.
Judge Miller speaking said: The hour
appointed TO hear the decision of the
commissioners and council as to wheth-
er they obey the order OF the court and
make the levy or not, has arrived. Are
the commissioners ready to answer?
Hon. James Pickens, chairman of the
board of county commissioners, then
arose in his seat, and addressed the court
in substance, as follows:
If your honors please, speaking for the
board, after having taken all the circum-
stances surrounding the case, INTO con-
sideratiOn, and being fully satisfied that
if we levied the tax that it would bank
rupt the county and bring ruin on our
people, dispoil us of our homes, and
drive capital and business from our
county, we have decided not to Lecy tie
tar. While we owe allegiance to the
laws of the court, and have no DISPOSE
ton to refuse to obey them, yet we have
a higher and greater duty to perform to-
ward our people, and that is, to SdUe
them from ruin. We hope the court will
deal as easy with us as possible.
Hon. j. b. Stewart, chairman of the
board of county commissioners, of Doug
las county, then addressed the court i'm
behalf of his county, and said, while he
and they had great respect for the court
and its orders, he was compelled to say
that justice and humanity compelled the
members of the board of county commits
sioners of Douglas county, not to LeUy
tie tar. 1t would be rufnation to the
people. They could never pay the in
debtedness, and therefore, rather than
bring desolation on the people, they had
resolved to abide the decision of the
court, and If necessary, go to jail.
The court responding; AS to the mat
ter of fine, that is. question over which
the court has jurisdiction, and We will
try and take care of it. 1t will be for
the court to say whether It's feelings have
been outraged or not when the case is
finally disposed of We may fine the
prisoners So and we may fine them 81 900
Do you still demand that they shall bC
imprisoned; if so, we will enforce the
law, no matter what our own feelings are
in the case. You must bedr tie TeSpOR
si6itity. [Great applause.
| Mr.. Wheat said that under the law Oi
the state our prisons could not receive
these men, and he desired them placed in
prison in some place where they could
be received, and he desired the heaviest
fine under the law imposed on each in
dividual.
Here Judge Miller stopped him, anG
said the supreme court had given us {
guide by which we shall be governed il
that matter. Judge Miller then reaC
| lIOll u ucClSlOH Vi JHG supreme COuT
where, he said, similar request wa.
made by an attorney in Wheat's position
He said the supreme court said to tina
attorney. "Whether the fine is SIS, So,
200, or $4,000, is none of your business
that is question with the court. Judgt
Miller further SAID that these persons
must be in the custody of the United
States marshal, and he therefore com.
mitted them to the custody of the United
States marshal until they obeyed the or
der of the court. The marshal, he said
must look after his fees.
Mr.. Williams, of Topeka, and Judg,
Thatcher, of Lawrence, and quite a mum
Der of others, said that though they rep
resented very large judgments, they die
not desire any Imprisonment of thest
officers, but desired the cases continued
Here j. w. Taylor, county attorney
spoke and suggested that there was
good Jail in LeavenwOrth county, and
good jail in Shawnee county, and i
the court seen fit they could be sent +
either place.
The judge, responding, said that Ii
would order that the prisoners be turne
over TO the United States marshal to b
confined in the Leavenworth Jail, or an
other place the marshal might deem
best to put them. Applause. That tn
marshal certainly was as good natured
man as he was. He had made the order
, and 1t was the marshal's duty to tax
charge OF the prisoners. The marshal the
took charge of the prisoners and marche
them down into the marshal'S old offic,
and said to them: Gentlemen, you ar
: discharged until tomorrow ut 10 O'CLOCK
, when you will please report. have N
Jail 10 put you in"
. 1t Is understood that the plaintiffs, tn
holders of the bonds, are, under thes
. circumstances, compromising with tn
: counties by taking new bonds at 40 pc
cent of their present ones, and that q
the compromise is fully effected, tn
? notes will be withdrawn and the con
missioners released from the imprisol
mcnt they are now subjected to.