Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-07-21
ATTORNEYS HAVE DEBATE BE.
FORE STATE BAR MEETING.
iowa LEGAL LIGHTS INTERESTED
Attorney McNett and City Solicitor
Jacques Attract Wide Attention With
Papers on Indebtedness Of Iowa Cit
ies-Weishty Matters Discussed.
From Fridays Daily.

noon a Des Moines. VIM. McNett, the
counsel for the City Water Supply Co.,
In the recent cases in the Iowa courts,
and City Solicitor w. H. C. Jaques,
who fought the cases for the city, were
the prominent participants in a most
lively debate and it was upon the much
mooted question of the limits of in
debtednes whisch city may incur.
AT the morning session the question
of the restriction of marriages among
those unsound mentally and physical
ly came up but no definite action was
taken. The question of revising the
statutes relative to the government of
Iowa cities in such way as to provide
but three aldermen with a salary of
from $4,000 to $4,000 was discussed,
debtedness which a city may incur.
The ottumwans' Part.
In the morning discussions the OF
tumwa attorneys did not take a very
prominent part, but they were the cen
ter of attraction in the afternoon. Both
the Ottumwa attorneys We're on the
program for papers on the same subject
dealing with the Indebtedness of cities
and owing to the prominence which
their struggles in the Ottumwa water
works matter has been given in Iowa
legal circles, a treat was anticipated.
Attorney McNett OF this city and
Judge s. M. Weaver of the supreme
court engaged in an interesting little
running debate, in the afternoon, rela-
tive to this subject, and the attitude
of the attorneys present was made
unmistakable. The court decided that
the constitution of Iowa will permit
municipalities to go into debt without
limit if they provide to pay the debt
by levies of taxation authorized by
the law and pledged for that purpose.
The United States district court and
the United States circuit court of ap-
peals decided that the constitution of
Iowa will not permit municipalities to
incur debt beyond five per cent of the
taxable value of their property even
if legal levies are pledged therefor.
And it was in the course of Mr.. Nc
Nett's address supporting the latter
view that Judge Weaver and he in
dulged in a pleasant but animated
cross-tire which drew from the altor-
neys an expression of their leaning to-
ward the McNett side.
mr.. mCNet,.s Drpare.
In four decisions" said Mr.. Nc
Nett. the Iowa supreme court decided
that a municipality could not antici
pate the revenue OF more than the cur
rent year"
Was not that the theory of all OF
the courts decisions on that point??'
asked Judge Weaver. And is there
any reason in principle, Mr.. McNett,
why if city may anticipate the reve-
l.ue of e single year from tax levied
b. authority of law and pledged for
specific purpose, 1t may not also an.
ticlpate the revenue from the same
tax for term of years
4 II do not undertake to defend the
former position of the honorable su.
preme court as to anticipating the
revenue for a single year, even," re.
your attention to the fact that until
your most recent decision municipan
ties in Iowa could not incur debts be
yond that years anticipation plus the
constitutional limit"
Meant What They Said.
Mr.. McNett contended that the
makers of the constitution of 1857
knew what they were doing and said
what they meant to say. He called
attention to the fact that when the
constitution makers came to the ques
ton of state debt they provided that
a debt in excess of the $250,000 con
stitutional limit might be incurred in
certain way; that is, by authority Of
law which should authorize a tax tc
be levied for not to exceed twenty
years, and pledged for the specific pur
pose for which the money should be
expended. But when they came tc
the subject of municipal debts they
adopted plain, simple provision thai
no municipality shall be allowed in
any manner for any purpose in excess
of five per cent of the assessed valua
ton of property. He insisted that the
constitution makers made this dis
tinction knowingly and for the pur
pose of protecting the taxpayers from
extraordinary debts, which they would
sooner or later have to liquidate.
Captain jacques Side.
w. H. c. Jaques of Otutmwa took
the OCler Sue VI luS QuSSlioA, sup
porting the decision Of the Iowa SUI
preme court and criticizlng the feder
al court severely. He said that ap
pointment for life seemed to have re,
markable effect upon some people. Mr.
Jauues contended that city could
rot be said to be in debt when it con
tracted to pay out of the revenues OF
a specially levied tax for the purchase
or construction of public utility. He
insisted that the courts should con
strue the constitution in the light OF
the times, and provision made when
there were not two cities in Iowa
should not be the means now of pre-,
venting them from enjoying the advan.
tages of municipal ownership of pub
lie utilities.
Several of the attorneys present at
tho meeting have cases pending now
involving these questions. They asked
many questions of the debating law.
yers. Mr.. McNe.t said he had never
given anyone law subject so much
study as this one. The theory of most
OF the lawyers was that if the Ottum-
wa case is taken from the United
States circuit coHr to the United States
supreme court that court will refuse
to hand down decision at variance
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