The Cape Girardeau Democrat. (Cape Girardeau, Mo.) 1876-1909, 1893-03-11
fHk ST. GLAIR JUDGES.

Not Grant Their Writ of Habeas Corpus
In His pseIsion lie Takes Oeeasion 20
Score the Cotfy fss$ and to Give Gov
st6ne a Thrust-An Appeal a. he Takens
ESSsis ctrf. Mo. March Sin lengthy
opinion ID :se federal court yesterday Judge
Philips denied the petition o. Benjamin F.
Copenhaver and Thomas u. SeSitt, 81 Clair
county judges, who asked to he discharges freuz
Imprisonment by . habeas corpus process.
The agitation OF the question Just Mt this
.iHa IL due 10 the states rights message Of
GOV. Stene 10 the legislature not long ago.
Tuesday aftefiooh writ of habcss corpus was
sued out by John H. Lucas, Of the firm OF JOHN
son & Lucas. attorneys for the Judges.
fudge Philips began reading. sitter iust mo
meni's pause, from his typewriter opinion.
II took him just thirty minutes 10 read fhc hf'
teen pages of close typewsi,ing. Some OF 1t was
sarcastic. some deep and mystifytes 10 minds
unversed in law, and some was humororS. o.
casionally the attorneys smiled across the r0cr5
ut each other when an unusually good point was
made. but there Ias hardly a sound except the
voice Of tile Judge during tse es.sre half hour OF
the reading.
In part Judge Phillips said
This application involves the authority Of
this court to imprison judges OF the state county
courts for refusal to obey the writ OF m1ndafnus,
II is sufficient TO say that this has now been the
settled practice established by decisions of the
supreme court OF the United States for over
thirty years. 1t is question which has called
forth the hest efforts Of the ablest l5~geys OF
the republic in its discussion and on which baS
been expended a vast wealth Of legal aad judi
ctal learning. 1t received its quietus in the
causa cslskfa Of Riggs against johnson county
(6 Wall, 1867. There Fas nothing political or
revolutionary in The history 0f the establish
tlent OF this rule or practice in the FEDERAL
courts"
POWER or THE FEDERAL COURT.
The doctrine sprang from the necessities OF
the case, the opinion said. The federal court
had power TO try cases against counties and
other organizations and bring them to iudg-
ment; but according TO the petitioner IL has no
right TO enforce such judgment: THE, the optn-
ion said. was q travesty on Justice and u q
suitor obtained Judgment in q federal court hs
had no right to exact that court 10 do all in its
power to execute that judgment Judge Phil
FPS declined to enter into any discussion OF
what congress might have done TO mitigate
nny supposed evils of the present prnc'
tice, but said that unless congress did wholly
strip federal courts OF theft jutisdic-
tion where municipalities were concerned. sucs
federal court would continue to execute their
judgments by mandamus on the agents Of those
against whom judgment had been rendered
Judge Philips recalled that he and Senator
Vest had been attorneys for ST. Clair county iri
this same case years ago, had fought II through
the state courts and up into the United States
SuPiciAt Nouit buAN " LC iCAb Nttu IA thC Anos
ditch" The opinion held that after q case had
once been decided as legal no subsequent rul-
ings Of courts or change of opinion in the state
can affect 1t, and il continues thus:
After these judgments were thus fastened
immOvably upon the 2Ipayers of the county,
the taxpayers have BEEN largely induced TO re-
sist settlement by compromise because of the
fact that Pegasus can be reduced to hobby
horse on which the local agitator hopes TO ride
into county office"
THE COTTY LAW SCORED.
The Cotty law was scored as having for its
Inspiration and object to prevent judgments OF
the United States courts against counties and
cities from beng collected. Judge Philips
declared its title should read: AN act TO pre-
vent the collection OF judgments rendered in
United States courts against any county or
municipality In the state" In effect, the Cotty
law subjects United States judgments on con-
tracts made before that law went into effect to
the supervision of the county court only to act
in the matter when It thinks best Then they
can make a record asking the county attorney,
at his own sweet will. to present the matter to
the state circuit court, which again need not
obey the judgment OF the federal court unless IL
wants to. A case under this law was taken to
the United States supreme court, which de-
cided that as the contract was made before
the Cotty law was passed the execution Of the
Judgment must be fulfilled the same as II tho
law had never been made. So when the county
judges make a levy pursuant to the judgment
rendered they will be obeying the supreme law
OF the land, and will be protected from any in
reference Of the state courts by the United
States government As to the state constitu-
tion limiting the Judges to n tax levy OF fifty
cents on slOO as set forth by'petitioners' coun-
sell the concluding clause Of that section Of the
constitution expressly excepts from opera
tisn Of such restricti6s the taxes levied fof
debts now existing" Besides. this provi-
sion first appeared in the constitution in 1875,
il has no application to this debt, which was
made previous to that time.
THEsHoRN LANB.
The opinion continues:
The court will furthermore say that where
the amount OF the judgment is so great as to
be unduly burdensome in any one year, the
court will require only a moderate part each
year. The wind is always tempered to the
shorn lamb"
As to plea Of petitioners that the imprison-
ment of Judges interferes with the business OF
the county. Judge Philips said the same plea
might be made II the judges were arrested for
common crime. II the county business suffers
1t is caused by the judges themselves. and is
not the fault Of the United States court In
regard to the assertion OF Gov. Stone that the
United States courts were overriding the de-
cisions of the state court. the judge said:
1t Is insisted here as elsewhere. that the
federal courts of this jurisdiction in attempt
ing TO enforce the collection OF these county
bonds are ulSregaTulng ana ONeTrlulDR Ine 10
cisions OF the state supreme court in constituting
the constitution and statutes OF the state. Some
times the cure for a prevailing and public dis
temper is found in forgotten or neglected
chapter in history, written or unwritten. i will
take this occasion to recall one connected with
the county bond litigation of this state which es
tablishes thefact. however little ii may suit the
purposes Of some people, that the responsibility
for the judgments In this court against st.
Clair county rests rather upon the rulings Of
the state supreme court than the federal court"
A brief history of the case was here cited to
show the progress OF the suits through the
courts and the passage OF the state laws after
its decision was rendered that was calculated to
nullify the decision.
SLAP AT GOV. STONE.
In regard TO the position OF the United States
and the rights of the government, the decision
gives this direct slap at the governor:
No lawyer or statesmen will question the
right OF the supreme court to construe the fed
eral constitution and determine when state
law impairs the obligation Of contract or that
its decision Is conclusive and becomes the su-
preme law OF the land 1t reaches the very
depths OF shallowness to imagine that any con-
iict Of duty or obligation exists in the case Of
these petitioners The excuse has no founds-
tion in fact or law"
The decision closes as follows:
1t would be disgrace to the state to re-
pudiate IL, and believe IL would be an insult TO
the honor and intelligence OF the people OF
the county to suggest such an attempt. The
proper solution Of the problem is an adjust
ment"
Judge Philips remanded the judges back to
jail. but expressed the wish that the case might
be taken TO the supreme court and settled for
all Attorney Lucas will do this. and as soon
as the papers are ready the case will be ap-
pealed. The point about the cumulative or
''piling up" punishment made by the petitioners
seems TO have been well taken, for Judge
Philips remitted one jail sentence. which groVs
larger with each succeeding day and only holds
the Judges now under q fine Of $50 each.
Secured Another Road.
Russell Sage has captured another