Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1893-03-09
THE ST. CLAIR JUDGES.

Judge Philips. OF tho Federal Court, Docs
Not Grant Their Writ or TEabeas Corpus
In His Decision lie Takes Occasion to
Score fiIe Cotty Law and to Give Gov.
Stone a TIlrust--an Appeal to be Taken.
KANSAS CRY No. March 3.--In 3 lengthy
opinion in the federal court yesterday Judge
Philips denied the petition of Benjamin F
Copennayer ana Thomas D. hewitt. St. Clair
county judges, who asked to &c discharged from
Imprisonment by a haheas corpus process.
The agitation OF the question just ct this
time is due to the states rights message o!
Gov. Stone to the legislature not long ago
TUESDAY afternoon a writ of habeas corpus was
sued out by John II. Lucas. of the firm OF John
son s Lucas. attorneys for the Judges.
Judge Philips hogan reading. after just q mo-
ments pause. from, his typewriter opinion.
1t loo,. nm Just tiirty minutes to read the III
teen pages of close tvpewr;ting. Some of it was
sarcastic. some deep aid l-iystifying to minds
IMMERSED in law. and some was humorous o.
casionally the attorneys smiled across the room
at each other when an unusually good point was
made, but there was hardly o sound except the
voice of the i;dge during the entire half hour o.
the reading.
In part Judge Phillips said:
This application involves the authority OF
this court to ,nprison Judges OF the state county
courts for refusal to obey the writ OF InandamHs.
It is sufficient to say that this has been the
settled practice established by decisions OF the
supreme court OF the United States for over
thirty years. It is q question which has called
forth the best efforts Of the ablest lawyers OF
the republic in its discussion and ON which has
been expended /; vast wealth of legal aad judi
cial learning. 1t received its guietEs in the
causa celehra OF Riggs against Johnson county
revolutionary in the history of the establish
ment OF this rule or practice in the federal
courts
POWER OF THE FEDERAL COURT
The doctrine sprang from the necessities o.
tie case, the opinion said. The federal court
had power to try cases against counties and
other organizations and bring them to judg-
ment: but according to the petitioner it has no
right to enforce such Judgment. This. the opin-
ion said. was travesty on Justice and If a
sutton obtained judgment IL q federal court he
had no right to exact that court to do all in its
power to execute that judgment. Judge Phil
ips declined to enter into any discussion of
what congress might have done to mitigate
any supposed evils Of the present prac-
tice, but said that unless congress did wholly
strip federal courts of their jurisdic-
ton where icipalities were concerned, such
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 in
this same case years ago. had fought it through
the state courts and up into the United States
supreme court only to be left dead in the last
ditch. The opinion held that after case had
once been decided as legal no subsequent rul-
ings of courts or change OF opinion in the state
can affect it. and it continues thus:
After these judgments were thus fastened
immovably upon the Taxpayers of the county,
the taxpayers have been largely induced to re-
s1st settlement by compromise because OF the
fact that a Pegasus can he 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 being 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 it
wants to. A case under this law was taken to
the United States supreme court. which de-
cided that. the contract was made before
the Cotty law was passed the execution of the
judgment must be fulfilled the same as Ii the
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-
ton limiting the judges to tax levy OF fifty
cents on 500. as set forth bypetitionersi coun-
constitution expressly excerpts from opera
ton of such restriction the taxes levied for
debts now existing Besides as this provi-
sion first appeared in the constitution in 1875.
it has application to this dect, which was
made previous to that time.
THEsHORN LAMB.
The opinion continues:
Tho court will Furthermore say that where
the amount of the judgment is SO great as to
be unduly burdenSome in any year, the
court VIII VII. REQUIRE ; only Moderate part eae zen
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 ples
might be made il the judges were arrested for
crime. If the county business suffers
it 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 diSregardlny and overriding the de-
cisionS of the state supreme court in constituting
the constitution and statutes of the state. Some
temper is found in a forgotten or neglected
chapter in history, written or unwritten. win
take this occasion to recall one connected with
the county bond litigation of this state which
tablishes the.fact, however little it 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 vas 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 q state
law iapairs the obligation OF contract or that
its decision is conclusive and becomes the SUI
preme law. of the land. 1t reaches the very
depths OF ShallowneSS to imagine that any con-
dict OF duty or obligation exists in the case OF
these petitioners. The excuse has no founda-
ton in fact or law
The decision closes as follows:
1T would be disgrace to the state to re-
pudiate it, and believe 1t 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.f'
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
Is the papers are ready the case will be ap-
pealed. The point aIcut the cumulative or
'piling up punishment made by the petitioners
seems to have been well taken, for Judge
Philips RENTED one Jail sentence which grows
larger with each succeeding day, and only holds
he judges now under fine OF $500 each.
Secured Another Road.
Russell Sage has captured another |
-ailroad. the New York & Massachu- |
sets. built at cost of S1,500, 900, and
which was sold to Mr.. Sage for $50, 600. |
D~rua~.