Lexington weekly intelligencer., 1883-05-12
(From The X. C, Times. }

The constitutional provisions, some of
them as old ss magma charta, which are vio-
lated by the order Of the FEDERAL judge Inn
prtsoning the judges Of the county court OF
Lafayette county, are vitalizedfn this ststs by
legislative enactments intended to protectthe
county courts from the evil to which they are
subjected. ~ at = I7l7-s
The right of federal court to punish q
state official for contempt il based upon the
assumption that the things which be il
commanded to do is within the ouryiew Of
the duties Of the once which he holds, and
it being his duty, he may be compelled to
perform 1t. The state courts recognize the
principle, and have often exercised tie au.
thority upon delinquent or recreant 'o0lcials,
but it would seem to be great stretch to hold
that the courts Of another jurisdiction,s one 70
which state officials are not amensble under
the law prescribing their duties should also
such state officials and the power to compel
their compliance with their commapds.
Granting, howe, er, that the broad construc-
ton O. the federal powers yailing in the lsst
twenty years covers its arbitrary evercise In
behalf Of the holders Of municipal bonds, no
authority for the net Of the Judge in imprison-
ing the Lafayette county ohleials is found
e en- in the broadest stretch of assumption,
The law Of the state expressly prohibits the
county Judges Of the state from making the
ktnd of ley'es which the judges Of the United
States court sitting at Jefferson City COM
manded Harrison, Lockhart and Pafher to
make, and for the disobedience Of which or.
der they have been ilnmured In the Jefferson
City Jail. Section 6,706, vol. II, Of the revised
statutes Of Missouri, limits the county courts
to the levying OF taxes for the state revenuo
and state debt, for ciifgent county expendl.
lures, and for schools, and section 8,70S pro-
the following limitations znu cdffdffKates
''The prosecuting attorney or county attorney
of any county, upon the request Of the county
court ofsuch county, which request shall be
Of record with the proceedings Of said court,
and such court being first satisfied that there
exists necessity bor the assessment, levy and
collection Of other taxes than those enumera-
ted and spseed IN the preceding .sstea
els county, or to the judge thereof, in vaea-
ton, setting forth the facts, and specifying the
reasons why such other tax or taxes should
he assessed, levied and collected, and such
circuit court or judge thereof, upon beipg
taxes, and that the assessment, ;. levy and
collection thereof will not be in conflict with
the constitution and laws Of this state, shall
make an order directed to the county'c6art ol
such county, commanding such court to have
shall enforce such order by rAandsmusi o.
otherwise" Unless, therefore, the county
courts are ordered as provided in the statute
quoted, they have no more authority % inns
pose pose leyles s, to gay indebtedness than any
honor, Judge Krekel, determines the Inv q
limiting the county courts to be unconstitu.
tiOnal, assumes that state has ne right to
define the duties Of its oncials. ignores the
paotests of the men selected a. victims, issuoe
his peremptory mandamuses, aud though the
officials to whom they are directed cannnt
obey without per ,ury and usurpation Of su-
thority, causes them to be brought to the cap
ital Of the state and confed In Q loathsoms
prison until such time as the torture Of them,
selves and families will extort from them the
services desired. a-@ - Ia
1t matters not 70 the federal judge whethsn
his victims die from imprisonment inflicted,
II matters not though the state prescribea =
penalty of 1000 and disqualification for hold
ing Office for the violation Of Its law-hisi
mandate must be obeyed. =.
The question again raised by the fmprison-
ment Of county ofdcials upon the arbitrary
commitment Of a federal court to be dlstin-
guished from the questions based upon the
character Of the indebtedness out OF which
the imprisonment arises. Congress can enact
,ell necessary laws for the efficiency Of the
courts of the United States and ths1tIective.
ness of their process, There IL no sense In
toerating usurpation by the judges and
the inniction Oftorture upon any man to reach
the purpose desired, much less should vio-
lence be done to the principles OF civil liberty
in order that the cupidity Of some remorse.
less creditor be speedily satisfied.
The present state government has the rep-'
uta'ion of suppressing outlawry that had
for years been made the occasion Of reproach
and cOrtumely. 1t has now the opportunity
of adding to its achievements an earnest NJ.
tempt, through the forms Of law, at the vim
dication Of the constitutional rights of its
citizens.