The daily Gate City and constitution-Democrat. (Keokuk, Iowa) 1916-1922, 1916-04-10
WHEN GRANT THREATENED
TO INVADE CITY OF KEOKUK
BOARD o. Supervisors Were
Were Of u s.
Attempt to Froe Themselves by Habeas Cor
Pro eedlnge

writ" It was on this refusal that the
writ was issued from the U. s. court
commanding Marshal Fulton to bring
the board before that body ON charges
Of contempt.
The answer from tho marshal ac-
cording to Beck's opinion makes no de-
NAL Of the allegations OF the plaintiffs,
but instead makes some reference to
non.payment OF judgments, ETC., which
are not touched upon in the petition.
Thompson Given Judgment.
The evidence shows that j. Edgar
Thompson, a citizen Of Pennsylvania
brought three actions against Lee
county In the U. 8. court for Iowa up
on coupons OF certain bonds issued in
January 1857 in payment of subscrlp-
lions made by the officers of the coun-
ty to capital stock in certain railroad
corporations. Two of these suits were
begun in 1853 and the third in 1864.
They were transferred to Chicago and
Judgment rendered in each Of them
against the defendant.
On July 10, 1868 Thompson COM
menced q proceeding OF mandamus to
require the board Of supervisors Of Lee
to levy tag to pay his judgments.
The board was ordered to make the
levy in October 1858 when q peremp-
tory writ was issued The board re-
fused to make the levy and in 1869
the writ OF attachment was issued and
directed to the marshal to be served.
Tho Judgment Suit.
Nine wears previous to this time. In
July, 1860, Eli Mcmillan and other citi-
zens OF the county filed a petition IN
chancery in the district court against
the county Judge and treasurer and
other officers, praying that these OIL
Gers and their SUCCESSORS be en1oineo
from levying taxes to pay the bonds.
This decree was rendered In 1868
The writ of habeas corpus was grant,
ed by Justice Beck and Fulton ap-
pealed The supreme court held to q
different view from that of Justice
Beck's They held that the views Of
the United States court were to be
obeyed, and that the arrest could not
be called illegal.
No Writ 10 Granted.
Chief Justice Dillon in the conclus-
ion Of his decision says: "The decis.
ions of the supreme court of the Unit.
ed States cover. the whole ground Of
controversy and admit OF no possible
escape from the conclusion that the
arrest Of the supervisors was not H.
legal and that they cannot be discharg-
ed from custody. The result will dis
appoint many OF our people and per
haps crafty a few. But it is the law
and it must be so declared, no-~sith-
standing the sympathy Of the tribunal
declaring it with those cities and coun-
ties which incautiously large obliga-
lions increased in many instances by
large arrearages OF interest to an &C.
count beyond their present ability to
meet.
"But there are evils greater than
bankruptcy, and among these should
| be classed judicial confliction between
the state and national authorities
80 Each count must keep to it's own
orbit, each must respect the rights and
feelings Of the other
Robert II. Gilmore, ]. Nd. Casey, d.
T.. Miller and Francis Semple appear
ed for the board of supervisors and H.
Scott Howell for the marshal. The
case was entitled Elk Parte Holman.