Page:Federal Reporter, 1st Series, Volume 10.djvu/557

MARION COUNTY V. M INTYRE. ���545 ���First, that the plaintifE had not the legal capacity to commence and main- tain the suit; second, that the money placed in the hands of the defendant, lo-wit, the $1,500, did not belong to the plaintifE; and, third, even if it did belong to the plaintifl, there was no authority for placing it in the hands of the defendant for any such purpose, and, there/ore, no recovery could be had. �Trial was had on the issues found, which resulted in a verdict for the plaintiff of $1,537.10. �The defendant seeks to have the judgment of the court arrested, lor the same reasons relied on as matters of defenee. �Marion county is one of the political subdivisions of the state of lowa. The county was duly created by an act of the legislature of the state of lowa, and has been organized and transacting the busi- ness pertaining to its organization for many years past. Under the laws of the state in which it is located it can sue and be sued, and do many other things, as well as individuals. This is necessary for the well-being, if not for the very existence, of the municipal corporation. And the several counties in lowa, and in fact most if not all eounties in other states, possess the same rights. It is believed that authority is conferred on all of them to acquire and hold property for the con- venient transaction of their lawful business. We know that it is necessary for all of them to levy and collect taxes to f urnish funds to carry on the financial affairs of the counties. Ail are invested with this authority. None can exist without it, and none have existed without in some way raising a revenue to meet the necessary expenses incident to the organization. This principle is universally recognized and applied. And, because of this necessity, counties have conferred on them the right to sue and be sued, so that their money and other property can be fully protected. Without such a right to protect the public property, without the right to resort to the courts to correct an abuse or redress a wrong or maintain a right, the power and right to acquire and hold property, however useful or necessary, would be but an empty shadow. Were it otherwise, a county would be at the mercy of every scoundrel who would spoliate its treasury or embezzle its property, and get across the lines of a state before being appre- hended. Can it be said that a thief who steals the money or property of one of the counties in lowa, Missouri, or Kansas, or any other state, shall find a safe place to enjoy bis stolen property if he can succeed in crossing the Missouri river with it and finding a place in this state where he is out of reach of process, and where the same Qould not be recovered back, for the alleged reason that a county can- V.10,no.5 — 35 ��� �