Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1885-02-04

SIiZ.5OO nave Deen redeemed, and stock of yalu
awaits the balance; $3.50 600 Of the original s4sO
600 Of bonds have been settled, stock awaits s27
500 bonds more. and $33 900 face value OF bond
have been bought up by an association of cit
zens ot;MateTtoWn, who would have bought u
| for the city all outstanding bonds at fair com
promise If the syndicate had not p,lt lis effec
| u8l veto upon their work.
RELENTLESS SYNDICATE.
This syndicate has thrown eye1v BLOCK il could
grasp In the way OF compromise-have spurned
every ofisr and like their brother shylock have
said, "Ill have my bond; will not hear thee
speak; I'll have my bond, and therefore, speak
no more" They have no bowels of compassion
for the city, notwithstanding the fact that it ID
wholly impossible for the city to pay the debt in
assessment OF the city; principal and intetest it
| amounts to over 81, 100000 It's collection would
amount to confiscation OF the entire property OF
Matertown ana us citizens Yet this 10 what the
demand OF she syndicate amounts to.
They have used every means they could COM
mand to sow distrust, dissention and discord
among our citizens no as to prevent comprom-
lse; they have sued the city in every court hay
ing Jurisdiction in the case; they have raised
every Imaginable point and Uncomfortable auib-
pie against the city that their Ingenuity could
devise; they have obtained Judgment AFTER iudg.
ment against the city; they have obtained man.
damuses by the bushel directing the city to levy
tax to pay their judgments, they have sent
states Ss Is deputy and de-
vice OF their plentiful mandamuses; they have
arrested the aldermen OF the city and carried
them before the court for contempt; they have
appealed to the supreme court OF the u. b.
to direct its marshals to seize the private prop.
eYty of the citizens OF Wstertown to Day their
judgments; they have moved earth and - to
grasp the plumber and they have invariably
failed-failed because their claims were based
on fraud and were rotten at the CORE,
The supreme court of the United States told
them in 1874 the prospect OF future success is.
PERHAPS, mot They would mot take
compromise Two years ago the legislature en-.
tablished q new board of bond commissioners
fer the express purpose OF renewing the offer Of
compromise at 80 per cent. Of the face value Of
the outstanding bonds and judgments. The Of
fer was published far and wide. but tho syndi.
cate still refused TO comply and within the past
year particular effort was made to induce
them TO compromise, but they still stubbornly
refused "They stlll stood upon their bond. q
and appealed again to the courts; they have got
their answer and ought to be satisfied; but they
are not and think they can screw their cour-
age to the sticking point and once more appeal
20 the supremec court Of the United States, this
time against decision OF the United States
circuit court Tor the Western district OF wiscon-
sin, rendered January II, 1885, declaring the
judgments against the city outlawed.
This syndicate Is not particular what the pro-
visions OF law are that protect the city of Water
town In this struggle. II is cause enough to ap-
peal against them, III because of them they fail
TO collect their claims; then they rush into
print and sQueal through the press: This is
unconstitutional under the bill of rights and un-
der that clause OF the constitution of the United
States, which provides that no state shall pass
any law impairingsthC obligations OF contract"
Drowning men," 1t is said, 'catchIal straws"
The syndicate, does, too. The obligations of the
city OF Watertown and the holders of her rail-
road bonds are not In. the least impaired by any
law of Wisconsin existing upon her statute DO Ok
to-day, and time and again the court has SO de-
clared.
THE SUPREME COURT DECISION.
When the syndicate appealed Gin 1874 to the
supreme court Of the United States to seize and
sell the property OF the citizens of WATERFOWL to
pay their claims they showed their ideas or ig-
norance, of the constitution; palmer ex posure
cannot be made than what is made in the Ian
guage of the court
BY section 9. of the defendants charter (priy.
laws, CHI. 237, p. 667) it is enacted as follows:
Nor shall any real or personal property of any
inhsbltant OF said city, or any individual or cor
poration be levied upon or sold by virtue of any
execution issued 10 satisfy or collect any debt,
obligation or contract of said city.
The process or order asked for is In the nature
OF an execution; the property proposed to be
sold is that OF an inhabitant of the city; the
purpose to which it is to be applied is the salts
faction of q debt of the city. The proposed
remedy is All in direct violation of statute In
existence when the debt was incurred, aud
made known to them with the same solemnity
as the statute which gave power to contract the
debt. All laws in existence when the contract
is made are referred TO in IL and form part Of
of the measures of the obligation of the one par
ty, and of the right acquired by the other. or
statutes which are in existence at The time the
debt is contracted, the creditor must take notice
aud If all the remedies are preserved to him,
which werein, ex istence when the debt was
contracted, he has no cause of complaint. We
cannot, however, find authority for SO doing
and we aeQniesce in the conclusion Of the court
below, that the bill must be dismissed. Judg-
ment affirmed.
In 1882 the syndicate seeing time fast ap-
preaching when the last judgment obtained
QUa ipSf ho pify QY mir nv no of
limitations. aroused themselves to make des-
perate effort to overpower the city in the courts
and clutch the igniS Jatuussat last.
THE syEDICA1Es LAST STRAW.
Now the syndicate pleads first, that the laws
passed by the legislature of Wisconsin since the
bonds were issued, amending the charter of the
city SO as to provide way by which the mayor
and aldermen might resign their offices (no pro-
vision for their resignation being in the original
charter), and that the revised statutes of Wis
cousin of 1858, which provides that actions opon
judgments of the United States courts shall be
brought within ten years and not afterwards
and that actions upon judgments OF the state
courts shall be brought within twenty years and
not afterwards, are unconstitutional and in ylo-
latfon of the bill of rights
This was catching at a straw" indeed. This
syndicate all along has had an idea that they
could induce courts to override all law and con-
stitutiOnal provisions, just as they themselves
override all considerations of equity and exact
the full clailp of their bonds. When the bonds
provided, and have ever since provided for the
resignation of the mayor and aldermen, of the
city of Watertown in common with those of all
other cities Section 2, chapter 2, revised stat
utes of 1s49, section 2, chapter IA, revised stat
utes of 1885, and section 692, revised sta utes.
1873, provide as follows:
Every office shall become vacant on tn e hap
pening of either the following events before the
expiration of the term of such office: l. The
death of the incumbent. 2, His resignation,
3, His removal. 4, HIS ceasing to be an in
habitant of this state, if the office be local his
ceasing to be an inhabitant of the district coun-
ty, town, city or village for which he was elect
ed or appointed, or within which the duties of
his Office are required to be discharged. S. His
conviction of all infamous crime, or of any Of
Tense involving violation of his official oath
designations shall be made as follows: l, By
the governor and Acknowledgements to the leg
islature. 2, BY other state officers to the govern
or. BY senators and assembly men to the pre-.
siding officer of their respective houses who
shall Immediately transmit the same to the gov
ernor, and to the governor during the racesses
of the legislature. 4: By all other officers who
hold their offices by election, except officers
elected at town meetings to the officer or Off
GERS respectively authorized by law to order a
special election to tillSuCh Offices respectively
These provisions were in force when the bonds
were issued and are part of the contract the
risk the bondholders ran iIt@18 of not always
finding mayor or alderman in WatertoWn
Though by'due diligence he might have found
them every year since 1859 on whom to serve
processes of the court, the same risk he ran in
1858 and 1856 when the bonds were issued and