Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1907-05-16
OPINION IN
M'GREW CASE
JUDGE SMITH HOLDS ACT OF
LEGISLATURE COVERING FORM.
Err TREAsURER's ACTION VOID

Mt. Pleasant, May 15.--In lengthy
opinion given last evening, Judge
James D. Smyth held to be unconsti-
tut1onal and void, the law passed by
the last legislation legalizing the acts
OF the Van Buren county supervisors
in releasing H. G. McGrew, ex-coun-
ty treasurer, from payment of the de-
posfts Of the county's money lost In
the failure Of the Skinner bank, of
Birmingham, in 1905. The case was
brought by j. H. McSurely, and was
taken to Henry county on a change
Of venue
The constftutionality Of the law was
attacked and argued in demurrer
here several days ago by Judge
Mitchell Of Ottumwa for the plaintiff
and Hon. W. M. Walker Of Keosau-
qua for he defendant.
Points Of Judne Mitchell.
The law has been attacked by Judge
Mitchell on four points, about as fol.
lows: First, that it impaired the
validity OF contracts; second, that 1t
disturbed the vested rights of the citi-
zens of Van Buren, county; third, that
1t granted privileges and immunities
to one citizen which others did not
possess, and fourth, it was not general
in Its application. The right OF the
plaintiff to bring the suit was also at
tackled by the defendant.
Judge Smyth ruled that McSurely
had q right to file the suit and prose-
cute in for the benefit of the people
OF Van Buren, county. He also held
that the law was good as to the first
ground of attack, but that 1t was un-
constitutional on the other three
grounds. 1t was not announced here
yesterday, but 1t is considered quite
certain that McGrew will appeal the
matter to the supreme court Of the
state for a final adjudication.
History Of Case.
The case Is Of much interest to the
legal profession as well as the people
of southeastern Iowa generally Nc
Grew was appointed county treasurer
to succeed b. H. Moore, who died In
1900 and at that time secured an opin.
county that he did not need new
the county deposits in the bank. He
was elected to the position afterwards
and again secured the written opinion
Of the county attorney that the new
bond was, not required. that the bond
given by SINNERS bank to Moore, the
deceased treasurer, would protect the
county deposits made by McGrew and
the county supervisors also advised
him new bond was not necessary
Things went we'll until the bank failed
in the year 1904, and after paying out
all assets by the receiver, the sum OF
a little more than $4,000 yet remained
due the county. McGrew then sued on
the bond given by the bank and prose.
cuted the suit to a final judgment
but the court held that these bonds
men could not be held for this
amount
McGrew Was Released.
The supervisors at the January
session Of the year, when the final
settlement was made with McGrew
passed resolution relieving McGrew
from any liability on this account
Soon after this, McSurely served a
notice on the supervisors that he
would bring this suit If they lid moi
settle with McGrew Inherently. This
was not done and early in February
the suit was started and brought here
on change of venue from Van Buren
county by agreement Of the parties.
Soon after the commencement of
the suit. McGrew and his friends took
the matter to the legislature and an
act was passed with ease by large
majority, which legalized the acts Of
the supervisors, and this is the act
which was yesterday declared uncon
stitutional by Judge Smyth.