Joseph P. Bradley

“ He was in no sense chairman of the board at the time when he was served with process. This fact, however, does not seem material in the view of the supreme court of Wisconsin; for in the cases before it, the chairman of the board was served with process during its actual session, and while he was presiding. In the construction of a state statute, in a matter purely domestic, (as this is,) we always feel strongly disposed to give great weight to the decisions of the highest tribunal of the state. ”

“ The corporate authority of said city shall be vested in one principal officer, styled the 'mayor;' in one board of aldermen, consisting of two members from each ward, who, with the mayor, shall be denominated the common council. ”

“ There can be no doubt, we think, that the mode of service of process is within the categories named in the act. It is part of the practice and mode of proceeding in a suit.
Assuming, therefore, that the question is one to be governed by the local or state law, we proceed to give an abstract of the charter of Watertown, and such other laws of Wisconsin as bear upon the subject. We find this mostly made to our hand in the brief of the plaintiffs in error, taken from the consolidated charter of 1865, and it is as follows: 'Chapter 1, § 3. The said city shall be divided into seven wards. Sec. 4. ”

“ The affiant states further, upon information and belief, that for some years prior to 1879, and since, it has been the constant practice for the common council to hold one meeting after the election of aldermen, in April each year, and then all but the senior aldermen constituting the board of street commissioners would resign, and the mayor would also resign at the same time. ”

“ The federal courts are bound hand and foot, and are compelled and obliged by the federal legislature to obey the state law; and according to this law the judgment of the circuit court was correct, and is, therefore, affirmed. ”

“ In those cases either the common law prevailed, or the local law provided for the case, and prevented a vacancy. Such were the cases of Badger v. Bolles, 93 U.S. 599; Edwards v. U.S., 103 U.S. 471; Salamanca Tp. v. Wilson, 109 U.S. 627, 3 Sup. Ct. Rep. 344. In Badger v. Bolles the law of Illinois was in question, and it appeared that by the constitution of that state the officers elected were to hold their offices until their successors were elected and qualified. ”