Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1900-07-05

can not be enlarged by the legislature.
| am, therefore. forced to the conclusion
that women are not qualified electors
in an election held for the purpose of
a question as to the estab-
lishment of libraries in cities or towns.
such elections being authorized by
law
SCHOOL BOND DECISION.
Peculiar Case Mt sioux City-Judge
shiras' opinion.
Sioux City, July "a peculiar but
entirely logical decree has been entered
by Judge Shiras, of the federal court,
in the case of Robert Rev against the
independent school district of Sioux
City. 1t is an action on $4,000 OF bonds
and interest thereon, and he gives
judgment on the interest coupons, but
not on the bonds themselves to which
the coupons are attached.
In the trial OF the case jury was
waived and the facts and the law tried
directly to the court. In the finding of
facts the court holds that in November.
1880, the school district township Of
Sioux City issued 100000 Of bonds, pay
able to the order of O. G. Tredway, I'M
der authority of statute requiring such
issuance for the purpose Of liquidating
Indebtedness adjudged against school
districts by due process Of law. Tired
way sold these bonds in 1881 to parties
in Rockford, ILL.,. and guaranteed coll!
lection and payment. The court de-
sclares that from the evidence it was
not shown that the purchasers had any.
Eillegality.in the issuance, execution or
sale Of the bonds. which after maturity
We're sold to Robert Rev, the plaintiff
in this action.
While the bonds were in excess of:
the constitutional limitation on district
5 per cent of the assessed
valuation, the court holds that they
We're issued in pursuance ofsstatute for
payment Of legal Judgment and that
therefore the limitation does not apply.
But this holding was for the purpose Of
establishing the pxalidity OF the inter-
est coupons and only incidentally with
the bonds themselves. Judge Shiras re-
fused to take jurisdiction in the federal
court as to the bonds directly, for the
reason that the payee, o. c. Tredway.
is citizen Of the state of Iowa, the
same as the school district of Sioux
City. and ordinary suits between citi-
zens Of the same state cannot be tried
in the federal courts. But the payee
of the coupons need not necessarily be
the same as the payee Of the bonds.
and in this case it is the bearer of such
coupons, Robert Rev, the plaintiff in
this action. Therefore Judgment is
entered against the independent school
! district OF Sioux City, as the successor
of the school district township of Sioux
City, in favor of Robert Rev. the
bearer Of the interest coupons and the
plaintiff in this action. for the balance
! of interest due on the bonds and for in
lterest upon such amount to date, ag-
lgregating s4,6ss.4O.
For want Of jurisdiction as to the
1 $4,000 OF bonds themselves Judge
/ Shiras dismisses the action without
prejudice as to the principal sum, blu,
| holds defendant liable for the interest
Stnnhopc.
Stanhope, July 5.-Joe Hanson and
1 Ralph Brewer, who have been working
in buggy factory5in Marshalltown
/ returned home Saturday to spend the
Fourth with their many friends
DR. Geist was called TO Michigan 8,
Saturday by the serious illnessi of hi.
mother. He was accompanied by hi.
Wife as far US Story City. who returned
to Stanhope Tuesday
!. Fred Barkhurst spent Sunday viii
his sister at Ellsworth
Miss Maud Woodmansy. of Kamrar
came over Saturday to spend week a
the Watson home.
4 /. B. Landers and E. HaneS made
4 business trip to Ames Mondas even
4 ing, returning on the o'clock trail
4 Tuesday morning.
Miss Young. Of Bloomington. ILL.,, ha
succeeded in organizing large clas
in music in and around Stanhope
Miss Celia Wright. who has been Wis
lifting in Des Aioines the pas five weeks
j returned to her home in Stanhope o!
Monday. She was accompanied by he
friend, Miss Mary Mcmillan. who vii
4 spend some time visiting here.
Miss Irene Zimmerman. of Boone
came in Tuesday evening from STRAIT
i ford to spend a few days with he
many friends in and around Stanhope
Miss Bess Wilbur came home iron
4 Boone to celebrate.
4 y - 10