Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1880-04-03
THE TOWNSHIP BOND GASES.

lib IUWNSHlP bUND Ohobo'
The United States supreme court has
again reversed its opinion as given In
the Harshman case, when it decided
that the towship aid act of Missouri was
unconstitutional.
In the case OF JOSEPH NJ. Douglass,
plaintiff In error. VS.. Pike county. Mis-
souri,, the telegraphed synopsis OF the
recent decision is as follows
'.Thls was a suit brought upon the coupons OF
certain bonds issued by Pike county. Mo-. in
behalf of Cuivre township. under the township
aid act of March 23d, 1868. That act was held
by this court IN the case OF Cass County vs..
johnson, 95 US. $50, to be constitutional. The
supreme court Of Missouri has sInce. however,
declared it unconstitutlonsl and this court Is new
asked by defendants in error to reconsider its
decision in the Cass county case and follow the
atest rulings of the state supreme court. This
court. however, holds that the rights of parties
in the present litigation are to be determined by
the law as 1t was judicially construed to be when
the bonds in question were put upon the market.
At that time the state supreme court held, and
had repeatedly held, that, the township aid act
was constitutional. 1t now thinks that that act
was unconstitutional. This court Is of the opin-
ion that it is not bound to adept the latest ruling
of the supreme court of Missouri If by such adop-
ton the rights which have become vested under
an early ruling are to be iDjuriously affected.
The judgment OF the lower court is reversed,
with costs, and the cause remanded. with direc-
tons to override the demurrer and for further
proceedings in conformity herewith."
Here then we have this courts swn
declaration. that in constructions Of
state constitutions state supreme courts
should be followed, deliberately set
aside, and the v%indication of what IS the
law made a consideration secondary 10
the interests of bondholders whose rights
are held to be more sacred than are
these OF a wronssd and injured commu-
nifty. The statement Of the august tri-
bunal, too, that the state supreme court
repeatedly" held these bonds to be
constitutional, must be taken cumg rano
sails.
We shall reserve any elaborate ex-
preston of opinion until We a see the
decision IN full, but SO far as we ~
now Judge, the situation regarding the
status OF these bends remains .unehang-
ed. The bondholders have a United
States supreme court opinion in their
favor. as they had before; the counties
have a state supreme court decision in
their favor. as they had before. 1t is
contempt for county courts to refuse
to obey the United States courts edicts,
and it is by state law q mIsdemeanor to
obey them. The United States courts
have no means Of enforcing collections
except through state laws and state
officers. The bondholders cannot get
the state laws which they desire, nor
will the state officers do their behests ;
80 here the matter rests and the bonds
are worth no more than they were be-
fore.
Lafayette county, at least, has not to
reprsach herself, this time, With neg
Letting to protect her interests. Messrs.
Young and Graves, with Judge
Edmunds, whom they employed, dis
charged their duty in the premises. fully
and ably. The trouble lies in the Chin
ney corner practice which our in
terests cannot secure, and in the lean
ings of the supreme tribunal toward
aggregated capital as against isolated
communities.
1t is for this that the syndicates and
their allies desire Capitalization and =
strong government.
We believe that Washburne would be
the strongest candidate the republicans
could nominate, but we do not think
they will choose him.
- -
Suppose Pennsylvania should come
to Cincinnati sslld for Hancock, and
say, Gentlemen. the Keystons stat.
always elects her man. In fifteen pres
idential elections before the war she
voted twelve times for the democratic
candidate, and he was elected and in
stalled as president. Give US Hancock,
and the grand old land Of steady habits
will return to her democratic mssrings.
Give US Hancock. and all the Grants,
and Blaines. and Shermans may batter
at her gates, but they shall not pre-
vail" Wouldn't the delegates begin to
scratch THAR haadap