Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-12-08
oTTuMwA CAN NOT APPEAL.
A keokuk Judge Says Decision IN
Wate,. Works Case is Final.
e,as ~ uin,es Republican.

Wate,. Works Case is Final.
Special to Times Republican. ~
Keokuk. Dec. S.--Judge Felix I
hughes Of, the superior court OF TINS
civ. has written a letter TO the Gale
CITY regarding the Ottumwa water
water works case, in which ne aa-
vances the opinion that there is nc
anneal pos,sible from the decision OF the
tinted states circuit court of appeals
and 0ttun,wa must figure out some
other way than has yet been devised ioi
getting her water works.
Mr.. Hughes, cites two cases when =
he says are parallel with the one a'
hand and says that both these declare
Ottumwa to be checkmated SO Iar as
her present plan for a water WORKS
system is concerned. His letter IS as
follows:
To the editor Of the Gate City:
aouite a. controversy has arisen III
this state over the recent decision Oh
Judge Mcpherson In the OttumWa
water works case, which decision ha,
heen confirmed by the United States
circuit court of appeals. 1t is quite
important to the people of this state
AS understand, Judge Mcpherson
first held the contract void as 1t was
an attempt to bond the city Tor money
to construct and operate system OF
water works in that city, and that the
ordinance would create debt In ex-
cess of the five per cent limit as hxed
nv the constitution of this state.
While that case was pending on ap-
peal the supreme court Of Iowa held
the act of the city council valid, max
ing conflict OF opinion between the
state and federal courts. Some law
yers of the state. are claiming that the
decision of the supreme court viii pre-
vail, and see my friend, General
Glasgow, Of Burlington, is of that opin
ion. and is reported as saying that the
city may proceed in violation of the
federal court injunction, and If its
efforts should be arrested for con-
tempt by the federal court such ar
rest would amount to nothing, be-
cause writ of habeas corpus could be
obtained from the state supreme court
and the accused thereon at once set
at liberty.
have had quite an experience In
such matters, growing out Of munici-
pal bonds and contracts, and am OF the
opinion that such habeas corpus pro-
ceedings could not prevail.
These questions We're practically
settled about thirty-five years ago in
the federal supreme court in the cases
from this city and Johnson county in
this state.
u. S. VS.. Keokuk, 6 Wal. 514.
Riggs VS.. Johnson county, Id. 16f.
Here the city council of Keokuk was
enjoined by the state court from levy
ling tax to pay a judgment of the fed
eral court before the latter court issued
its mandate, yet the state officers were
compelled to ignore the injunction and
obey the federal court.
The state and federal courts in their
spheres of action are independent OF
any such control
When the federal and state courts
conflict the latter must yield.
The federal courts have power to is
sue all writs which are necessary for
the exercises of their respective juris-
dictions. 1913 u. s. 494. The state
court would be pow~rless to take the
officers from the federal court thru
it's writ Of habeas corpus, or other
wise.
Now a word about state and federal
courts constituting state laws and con-
situations. The federal courts are new
er bound by the decisions Of the state