The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-08-29
NO RELIEF FOR JUDGES
ANOTHER DECISION IN THE FAMOUS
ST. CLAIR COUNTY CASES.
Habeas Corpus Writs Denied-Presi-
dent without Power to Pardon
the Recalcitrants.

ST. PAUL, Mimi, Aug. 2s.-The United
States Court of Appeals. in an opinion by
Judge Sanborn. to-day denied the applica-
ton for writs of habeas corpus or other
relief in the cases of Thomas d. hewitt
and Samuel G. Peden, judges of the County
Court of ST. Clair county, Missouri, and sus-
tains the right of a Federal judge to i'm
prison judges of county courts for contempt
in refusing to carry out the mandates of
judgment issued by him.
This case. the like of which. 1t is said. has
not come before 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 county, in aid OF
the construction of railroads, issued a large
amount Of bonds, and when these became
due the county sought TO evade payment
and to have the courts invalidate them.
Judgments against the county aggregating
more than 100000, however, were issued
in the United States Court. The county
fought on, adopting 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 Phillips, at the in
stance of one of the judgment creditors.
issued a writ of mandamus directing the
county court to levy tax for the partial
payment of the Indebtedness. The judges
refused TO obey this mandate, holding that
the bonds had been illegally issued Then
came the order of arrest and commitment
for contempt of court. The judges evaded
the Federal Court officers, who sought to
serve the writs to commitment, hiding in
the woods and other unknown places. Mean
while the county courts were not held, GRIM
inals 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
neglected. Recently, however the mar
shals 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 order stay
ing proceedings until an application could
be made to President Roosevelt for a par
don.
In denying their application Judge San
born declines to enter into the merits Of
the original controversy to the legality
of the bonds, and holds that writ of ha-
beas corpus cannot be made to perform the
office of a writ of error, IL is available
only when prisoner is Illegally restrained
| by court without power to make an order
/ for contempt. In answer to that portion
of their petition asking that proceedings
be stayed pending an appeal for pardon, the
/ petitioners alleged that their contempt was
IAN offense against the United States" In
answer TO this Judge Sanborn holds that
their commitment to prison until they COM
/ ply with a mandamus directing them 10
/ levy the tax referred to is not of a GRIM
/ inal character, but civil remedial and CO.
/ ercive in its nature, because it is of the
/ character of an execution to collect judg-
constitutional power to grant reprieve OF
issue pardon in such case.