Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-01-29
INJUNCTION GRANTED.
CONTINUED From Page 81

(COnJlnuGQ rage ~
herein, that the point was not made
in those cases, is probably correct.
But 1t is matter of some weight. And
the more so, as to the federal cases,
for the reason that such courts on
their own motion are supposed to, ana
generally do, look into all jurisdiction
al phases of the cases before consider
ing case on it's merits. But if the
New Jersey corporation were other
wise regarded as a necessary party,
section 1877 of the revised statutes and
equity rule AZ fully authorize this
court to go to decree without the pres
ence of the New Jersey corporation.
BY an amendment to the bill it is TAX
| en- out of the case, if it were ever in.
Point at Issue.
The defendant city cites several
cases as to the point that the Des
Moines and New Jersey corporations
must be made parties and that juris-
diction be acquired over them.
do not care to review these as well
as other cases that could be cited.
| They are not in point for the reason
that those were cases wherein con-
tracts and relations between the
named defendants were the principal
thing sought to be Cancelled or con-
trolled by decree. In the case at bar
the principal thing to be corrected
and enjoined by decree is the creation
of an alleged invalid Indebtedness.
Can't Down Constitution.
And if city is in debt up to the con-
stitutional limit, and if the contention
of the city be correct, all that city
need to do, is to create the Invalid in
debtedness, with some nonresident cit
izen. and then we have no court, fed
eral, or state. that can correct the evil,
or prevent the wrong. And the state
ment of the proposition, is its own
complete refutation. A constitution
must not be whistled down the winds
by that kind of scheme.
The city. as it is claimed by the
complainant, is about to create an in
| valid Indebtedness. The action of the
| city by it's counsel, is not of a legisla-
tive character, but of a proprietary or
| business nature. distinction so admir-
ably stated by Judge Sanborn, in Hill
nois Trust company VS. City of Arkan-
sas, 76 Federal Reporter, 271-2S2.
| do not believe that either of the
corporations are necessary parties, or
even proper parties. although as to the
latter, the question is not before me.
The complainant has no grievance, pres
ent or prospective against either of the
corporations. It's complaint is against
| the city of Ottumwa. acting through
its officers. because of the threatened
and contemplated act of proprietary
or business nature. And the question
before me is. whether the city is about
to create an illegal Indebtedness, which
If not enjoyed, the complainant and
other tax payers must pay. And the
argument that under recent decision
OF the Iowa supreme court, that those
corporations, il the city is enjoined
from paying them. will hold the city
liable by suits in the state court, is ar
argument that l cannot follow The
federal as well as the state courts
have their responsibilities, which the!
cannot evade. and do not dare to re
fuse to follow the decision of the ap
pellate court for this circuit, SO recent
ly rendered.
Nothing But Words
If the action of the city is illegal a:
viewed by the federal courts, then tht
complete answer to the argument i:
that the officers of the city have placed
themselves in the position they occupy
and this by no act of complainant, OF
of many other tax payers, but have
done SO with the full knowledge o
the views of the federal courts. as tt
the true meaning of the provision il
Of q nct mr.
it is not convincing to urge that Will,
the city may have no defense in thi
case in this court, yet it should be al
lowed to go hence with its costs with
out delay, because of fear that in som,
other court, in some other case con
corning the same transaction, the cit.
may be worsted. An answer plead
ing such as asserted defense, would b.
) nothing but words.
Il Sufficient Notice.
Complainant contends that notice, a
required by law, was not given for tn
election. Whether it was or not i
l somewhat doubtful and at best, tn
matter is confusion.
At the preceding general electio
for the election of congressman, an
state and county officers, there Wer
: S,743 votes cast At the special cleo
!, ton in question there were but 1872
votes cast. There was newspaper dis
cussion and communications with re
erence to the matter. The night BIZ
t fore the election there were some pull
lie meetings at which the matter wa
discussed. therefore hold that motto
: which at most was defective. does no
S so nearly approach mo notice. as t
invalidate the election.
}, Judge is Amused.
\ l have been furnished with man
affidavits and great deal of litera
: ture, all of which l have read, bot
with interest and amusement. Thes
Il ,4..,.1