Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1902-09-04
AGAINST The JUDGES
writs Of Habsas Corpus Denied
Judges Of 81. Clair County.
JUDGE SAyB0RE MAKES THE RULING
The Case Datsa Back 10 . Period Shortly
Altar the Civil War In which Bonds
Were votsd 70 Railroad That
Was Never Built

st. Paul, Minn.,. Aug. 29.-The
United States court Of appeals, in an
opinion by Judge Sanborn, yesterday
denied the application for writs Of
habeas corpus or other relief in the
cases Of Thomas D. hewitt and Sam
uel Peden, Judges Of the county
court Of st. Clair county, NO., and
sustains the right Of federal Judge
to imprison Judges of county courts
for contempt in refusing to carry
out the mandates Of a judgment is
sued by him. This case, the like of
which, it is said, has not come be-
fore the courts since the early and
unsettled days Of the republic, dates
back to a period shortly after the
close Of the civil war. St. Clair coun-
ty, in aid of the construction Of a
railroad, issued q large amount Of
bonds and when these became due
the county sought to evade payment
and to have the courts invalldalc
them. Judgment against the county
aggregating more than 100000, how
ever, were issued in the United States
court. The county fought on, adopt
ing every legal device to defeat the
enforcement Of the judgment, and
the case has been in the court in
some form until about two years
ago, when United States Judge Phil.
Ups, at the instance of one Of the
judgment creditors, issued writ Of
mandamus directing the county clerk
to levy tax for the partial payment
of the indebtedness. The judges re-
fused to obey this mandate, holding
that the bonds had been illegally is
sued. Then came the order Of ar
rest and commitment for contempt
of court. The judges evaded the fed
eral court officers, who sought to
serve the writs Of commitment, hid
ing in the woods and other places.
the county courts were
not held, criminals went untried, civil
cases could not be heard, the county
roads and bridges fell into decay and
other business commonly transacted
by the county court was wholly neg
lected.
Recently, however, the mnrshals
discovered the hiding places Of the
fugitive Judges and arrested them.
Their counsel petitioned the court Of
appeals for their release on bail and
for an order staying proceedings I'm.
til an application could be made to
President Roosevelt for a pardon.
In denying their application Judge
Sanborn declines to enter into the
merits Of the original controversy
as to the legality Of the bonds, and
holds that writ of habeas corpus
cannot be made to perform the Office
IF writ of error, as 1t Is available
only when a prisoner is Illegally re-
strained by a court without power to
make an order for contempt. In
hat portion Of their petition asking
hat proceedings be stayed pending
IN appeal for pardon the petitioners
llleged that their contempt was ian
,ffense against the United States"
n answer to this Judge Sanborn
lolds that their commitment to pris-
m until they comply with n man
Janus directing them to levy the tax
to is not of a criminal char
cter, but civil, remedial and coercive
n its nature, because 1t Is Of the
haracter of an execution to collect
Judgment and that the president Is
constitutional power TO
rant reprieve or Issue pardon in
UGH q case.