The daily Gate City and constitution-Democrat. (Keokuk, Iowa) 1916-1922, 1916-04-10

KoOkuk faced an INVASION BY 1eoefH
troops, during the administration OF
President Grant, because tho county
authorities were refusing 10 pay a
judgment against them in q federal
court, and because q Justice OF the su-
preme court of Iowa attempted to
grant q writ OF habeas corpos to the
Lee county board Of supervisors ar
rested by United States marshal, for
the alleged contempt OF court. The In.
cident was recalled by the story OF
the United States W tho Holy Bible,
which was printed several Sundays
ago In The Gate City. The legal az
pect Of the case is found In the Iowa
reports. Justice Joseph NJ. Beck Of
Fort Madison was the supreme court
Justice who ruled in favor of granting
the writ demanded by the members of
the board against Harry Fulton, dep
uty q. 3. marshal,
Il was said that Grant felt that tho
dignity Of tho United States courts
was being trifled with, likewise the
dignity Of the nation, and for that rea-
son he intended to send the militia OF
the United States to Keokuk to en-.
force the mandate OF the federal court
OF Illinois, where the case was heard.
The associate Justices Of the supreme
court, however. took an opposite view
to that held by Beck, and the threaten
ed invasion was postponed. Lee coun-
, ty was in debt even at that time and
was unable to pay the judgment which
had been obtained several years prev
ious on some railroad bonds. They
were ordered to levy special tax to
take care of the judgment but refused.
It was this incident which nearly re.
suited in the quartering Of United
States troops on the inhabitants Of
| this very peaceful city.
Three Judgments Held.
According to the report of the case.
one j: Edgar Thompson recovered
three judgments against Lee county
in the United States circuit court for
the northern district OF Illinois. The
judgment was upon coupons attached
to bonds issued by Lee county In pay
ment of stock in certain railroad cor
porations. The action was commenc-
ed in the United States court for Iowa
and for certain reasons was transferr-
ed. Prior to the commencement Of
these actions, certain citizens and tax
payers of Lee county commenced a
proceeding in chancery in the district
court Of Lee county against the county
offices Of Lee and the county treasur-
er and county judge, to entoin and re-
strain the county from 1evying or col
lecting any taxes for the payments of
these bonds and coupons. A final
Judgment was given In the Iowa SUI
preme court in which the county and
the officers were, perpetually 1n5oined
from levying taxes for this purpose.
Harry Fulton, deputy United States
marshal in this city was the defend
ant in this habeas corpus proceedings.
The twelve supervisors are the plain
tits, and they asked for their release
from custody, having been arrested
with the object Of unlawfully taken
them to Chicago to answer an alleged
contempt" Justice Beck says in his
opinion Sitting at chambers Justice
Beck rendered the opinion that the
supervisors were being illegally held,
and he ordered them released. His
opinion is the dissenting opinion in the
case, the other justices deciding the
board should be held.
| Deck's opinion In Case.
m his opinion Justice Beck says
"tnat the plaintiffs are the supervisors
Of Lee county and the successors in Of
tice Of the county Judge and the SUI
preme court rendering such a decree
had acquired complete jurisdiction Of
their persons as well as the subject
matter involved In the suit. That
Thompson upon his judgments insti-
tuted a mandamus proceeding which
resulted in peremptory writ of man
| damus to plaintiffs commanding them
to levy and collect taxes to pay the
| judgments. Plaintiffs being enjoined
and restrained by the judgment Of the
supreme court Of Iowa from 30 doing.
| in duty bound refused to obey the