Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1879-01-18

8 legal tender Ill Limited
whilst by the laws of the United
States these subsidiary coins are a
legal tender 10 the amount of So, and
no more. The silver in the half dol
lar and the other small coins is of the
same purity as In the dollar, but two
half dollars do not contain as many
grains of silver as the silver dollar
contains. l recommend the statutes
concerning Indians, and making sill
yer coins q legal tender be repealed.
The one is Of no farther use-the
other is now q bad law.
SUIT WITH HANNIBAL AND ST. JOE
RAILROAD COMPANY.
By virtue of the provisions of a
joint resolution of the last general
assembly concerning the Hannibal
and st. Joe railroad, the governor,
with the concurrence of the attor-
ney-general, was authorized to EN-
ploy counsel to enter the appearance
Of this state to a bill in equity pend
ing i'll the supreme judicial court of
the state of Massachusetts,, wherein
the said railroad company was the
complainant and Sidney Bartlett and
other. trustees were defendants, for
SuS pun RO5C VI SlOoluS uCt L u6t. IL
was claimed this state had q lien OH
the proceeds Of the sales of lands,
after the extinguishment of a mort
gage given in 1856 by the company,
and that the surplus proceeds of such
sales should be paid into the treasury
of the state for the purpose of paying
the bonds of this state loaned to the
railroad company. The attention of
the geBeral assembly was called to
the subject by my predecessor, with
the recommendation that the state
should enter its appearance to that
suit. Under the provisions of the
joint resolution an able jurist of the
state of Observation-Disclosures P.
Thomas-with whom a consultation
had been previously held on this sub
ject. was employed to enter the ap-
pearance of the state and to attend
to its interests. The claim of the
state vas based on the 18th section
of the act of December 10, 1855. The
case was heard at the April term, 1877,
of said court. The decision was ad-
verse to the claim of this state, as
will appear by the following extract
from the decree Of the court:
Second-That the only interest of
the state of Missouri in the lands con-
veyed by said trust iudentures and in
the proceeds of such of said lands as
have been heretofore sold, and i'll the
contracts for the sale of any Of said
lands heretofore made, is under the
18th section of the statutes of the
state of Missouri of the Goth of De-
cember, A. D. 1855, which requires
the complainant to pay into the treas
ury of said state the surplus proceeds
of all land sales, Oh such other secur-
tiles as may be provided by the Ham
nibal aud st. Joseph railroad company
aforesaid, in a deed OF trust Or other
wise in a plan to be adopted by said
company to raise funds to complete
the road. That by the true construc-
ton Of said statute, no such surplus
can be held to exist except such as
would remain after deducting. the
amount of all expenses and obligations
lawfully incurred by the corporation
in completing, equipping and putting
in operation its railroad, iucluding: 1.
Sums a. advanced by the corporation to
the trustees for expenses of the man
agement, surveying and disposing of
the lands granted under the acts of
congress, and included in the deeds
of trust, and for taxes thereon, and
to satisfy reclamations for bad titles
and other incidental expenses. 2.
Sums paid by the corporation, either
in money or in stock, to discharge the
bonds issued by the corporation and
secured by the deeds of trust, incluu-
ing the interest OH such lands.
"Third-That it is found by the re-
port of the master, and adjudged by
the court, that the whole value Of
the land. now held under the said
deeds of trust, and of all the proceeds
of land sold, and investments of the
same, now held by said trustees, is
much less than the amount Of the
deductions aforesaid to which the
complainants + entitled before
there will be any surplus to which
the right of the state Of Missouri can
attach"
The sum of 50, 1000, which was ap-
propriated to pay counsel for services
III that suit, was not drawn from the
treasury, for the court ordered the
trustee to pay to Benz. p. Thomas,
Esq, out of the proceeds of the land
sales i'll their hands, the cOmpensa-
ton to which he was entitled.
SENATOR BOGY.
Since the adjournment of the legis-
lature Hon. Lewis V. Bogy, one Of
our senators in congress-, departed
this life. He was a native of this
state, aud his life had been de-
voted to the advancement of the ma
terial interests of our state. His eu-
Iogy has been pronounced by those
more Intimately acquainted with him
than l, some of whom served with
him on that theater which from his
boyhood days it had been his ambi-
ton he occupy, sud which he did
occupy with great credit to himself.
1t will be your duty to fill his unex-
PRED term, now held by Hon. d. II.
Armstrong.
CONCLUSION.
In the matters | have submitted for
your consideration, | have not at
tempted to support them by arsu-
ments, but to state the facts and con-
illusions to which l have been brought
by my deliberate judgment, and |
trust the result of your deliberations
will be to promote the welfare aud
TO increase the prosperity of the peo-
pie OF the state. JOHN S. PHELPS.
EXECUTIVE OFFICE, JEFFERSON.
CITY, Mo. January 9. 1879.
COUNTY AGENTS SALE.
n Y virtue of an oro.r .oa3a Inv d. 1900.