Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1878-05-25
HONOR TO WHOM HONOR Is DUE.


To the Editor of the Sedalia Democrat:
No little discussion has arisen as to
who deserves the credit of first raising
the vital point In the recently decided
Webb case. To my mind that credit
belongs only and solely to Col. Alex.
Graves. of Lafayette county, and with
your permission will try briefly to tell
you why.
The case of Thomas A. Webb vs.. La
tayette county, decided in the supreme
court at the present term is the only one
that has ever gone to the state or federal
supreme court in which the defense
against the bonds was based upon the
points there raised The suit was
brought in April, 1874, in the Lafayette
county circuit court, upon bonds issued
bv the county court, in the name of La
tayette county, tor Sni-a-Bsr township,
TO the Lexington, Chillicothe & Gulf
Railroad Company. The validity OF the
act was raised by demurrer to the petl-
ton, contcndins that the act violated
sections l3, IA and IL OF Art. lX OF the
constitution OF 1865. The demurrer was
decided and sustained by Judge Wood,
ON the 3Oth day OF April, 1874, and that
was the first decision that has ever been
rendered in either state or federal court
upon the points raised by the demurrer
in the Webb case.
The case was taken to the supreme
court, and was there reached IN April,
1877, and was finally decided IN May.
1873 1t is hoped that the I. 5. supreme
court will adopt the decision OF the
state court upon such important points
OF constitutional law; but If 1t should
~ hn IapIS1On
will be to completely defeat the coilec-
! ton OF taxes tor townships bonds. Inc
| L.. S. supreme court has already decided
| th., the marshal OF any other federal
officer cannot come into county Tor the
| purpose OF enforcing collection OF taxes
| to satisfy mandamus, and the same can
only be collected by the state officers.
This being so. the tax bill, when levied
bv the county collector, would be
promptly met by replevin suit at the
instance of the taxpayers, and that SUIT
being brought in the state court, would
OF course be decided according to the
principles announced in the case OF
: Webb vs. Lafayette county.
In the month of April, 1874, Col.
Alex. Graves, of Lexington, young
LAWYER of distinguished ability. close
: application, and honorable professional
ambition, raised the vital points
: which were decided in the Webb case,
and carried them successfully through
the circuit and supreme courts. Ger
tainly the points were never raised be-
V fore they were raised in the Webb case,
4 and although there was the decision OF
the L. 5. supreme court in the Harsh
- man case. against Bates county, which
was decided in June, 1876, making one
a of the points raised in the Webb case,
is vet that point was not raised until the
D. Harshman case was in the L. S. court.
which was really two years after the
point had been raised and decided in the
N Webb case, IN the Lafayette county cir
cult court The Webb case had been
"a pending for four years in the state
supreme court, and there cannot be a
a' doubt that the vital points were first
le raised by Col. Graves. although other
OF decisions have interviewed. In proof Of
10 this, | ask YOU to publish certified
copy Of the demurrer in the Webb case.
:" Alse the clerks certificate as TO the date
IL of filing the same, together with the
MT date OF the Judgment of the circuit
r- court sustaining the demurrer. These
/, documents prove the simple fact that the
~ Webb case is the original one which
lis raised every point which has been de-
vi cided by either the state supreme court
OF or the United States supreme court
,,r JUSTICE.
- Sedalia. May 10th, 1873.
ma The following is the certified copy o
as the demurrer, &c, referred to:
In And the defendant for plea to the cause
r,l of action set forth in plaintiffs secone
count of said petition. comes and de
ltE 70 ha c.il Spnpnl opA :
tie signs az reasons therefor that said sec
all ond count does not state facts suiicien
,o to constitute j cause of action, in this
that said second count is based upon
i'o bond, or interest warrant of 4 bond O
he defendant issued to the Lexington
;er Chillicothe and Gulf Railroad Company
=, which said bond as appears from tn
H. allegations of said second count, wa
hts issued under and in pursuance of n
ICY order of the county court of said count
mo and an act of the general assembly c
=: the state of Missouri, entitled "An act t
''' facilitate in the construction OF railroad
nre in the state Of Missouri approve
OF March 23d. 1865, and defendant aver
mo that said act constituted no authorit
whatever to said county to make sui
ne' scriptions to the capital stock of sal
lgs railroad company, or to issue the sal
: Il bonds and coupons in payment OF sue
xiv subscription made to said railroad con
:. pany, inasmuch as said act of the legi
lature was passed without any warrai
ed or power given to the said general a
her sembly by the constitution OF this stat
,lp- authorizing such legislation. And d
on fendant AYERS that said act OF the ge
81" eral assembly is in direct conflict wi,
her the spirit, intent and meaning OF IL
nge said constitution, and in excess of Il
the legislative authority Of said gener
ore assembly. and contravenes especial
the provisions OF section l3, IA and
ooh OF Article Nj. of said constitution, al
t it said act and the bonds and coupo
rt's thereto attached, made under said a
.h,, are unconstitutional and void, and CO
stitute no cause of action whatev
sht' against the said defendant.