Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1881-10-22
THE COUNTY JUDGES ANSWER AN
ATTACHMENT.

] OCuOUer 1eIms "A. Des 1901.
, To the Honorable, the JHsiices oTsaia UniIee
States Circuit Court:
Now come John A. Prather, James w. Har
rison end John A. Lockhnrt, justices of thu
county court OF said Lafayette county, In tn
state of Missouri, and for cause why they, al
such Justices, should not be attached for failing
TO make a levy of taxes for the payment of rela'
} tors judgment as commanded by writ of man.
damus, issued by order of this honorable court
by leave Of court respectfully state and show
that In failing or hesitating to make SAID levy
they do not and did not intend any disrespect te
this honorable court or Its process; and said re.
lspondents further state and show why they have
and do hesitate to make said levy; that the yeal
1875 found their SAID county of Lafayette with al
Outstanding bonded Indebtedness of 81, OILS ,20(
County bonds); that it is unnecessary to hert
state the causes which produced or the meant
|resorted to by those in power to bring about
this immense indebtedness. 1t Is enough per-
haps to say that the peop.e of said county de-
rived very little benefit from this vast expendi-
ture and squandering OF their money, and thai
they were and still are greatly embarrassed
thereby; that said bonds outstanding as afore.
SAID. were mostly ten per cent. interest bearing
bonds, and that 1t required annually in taxes
about the sum OF $50 900 to pay the interest
alone; that the annual expenses of SAID county
for county purposes alone during the years 1871,
1872, 1873, 1874 and 1875, ran from S43 900 to
8z3. 600; that in addition to said bonded indebt-
edness, and the enormous annual expenditures
for county expenses, as aforesaid, there was a
floating warrant debt outstanding OF about SIS, :
900. which said warrants, because. of the greatly
embarrassed financial condition OF said county,
were being sold. at sixty and seventy cents on
the dollar; that all OF the business OF said county
was being done on the credit system; that many
Of said bonds had fallen due, payment had been
demanded, and said court being unable to pay
either the principal or interest, suits had been
brought and others threatened against said
county; that the assessed value of the taxable
property of said county at the time being only
~ 500. 0Oe. the people could see no way Of meet
ing or providing for the payment of said indebt-
edness and at the same time pay even the ne
cessary expenses Of the county; that in addition
to the aforesaid debts and demands then being
pressed against said county the people were
greatly harrsssed and embarrassed with a town.
ship Indebtedness of about $500. 900. This being
the financial condition of said county, and the
people feeling unable to pay the same, deter
mined, after consultation with many of the
holders of said bonds, to try and effect q COM
promise OF the entire bonded Indebtedness OF
said county, and accordingly in November OF
said year, 1875. the Taxpayers Of said county
met IN convention, composed of delegates duly
elected from the several mum lcipal townships in,
SAID county, and alter discussing and deliber-
ating upon the question from day to day finally,
by resolution, asked the county court of said
county to submit to the voters Of said county the
proposition to fund the entire bonded debt of
the county County bonds) at seventy cents on
the dollar for accrued interest and principal OF
SIX per cent. bonds. and at eighty cents on the
dollar for accrued interest and principal on ten
per cent. bonds. January LIST, 1876, to be the
time OF settlement. The payment to be made in
SIX per cent. county bonds, running twenty-five
years. That said proposition was in December,
1910. Dy SAID court, submitted to q vote of the
people OF said county and carried by almost u
unanimous vote. That said compromise was
entered into by said people In good faith, and in
the composition of said bonds said court has
faithfully, in all cases, observed and carried out
Inc terms OF said proposition and compromise.
That both bonds and bond judgments have been
compromised under and by virtue OF the same,
ana that tho people and Taxpayers Of said
county have, do now, and will ever approve and
stand by said composition. That under said
compromise, and according to the terms and
conditions thereof, about 80 per cent. of said
bonded indebtedness has been compromised. In
fact almost all Of said bonds held and owned by /
non-residents of the state of Missouri land a (
large majority of said bonds were 80 owned and /
neio) nave been compromise on the terms afore- |
saio. Inc most, If not all, of the remaining |
bonds being held and owned by citizens of La
iaye"e comfy, who took an active part in said
voted for said proposition and
COmnr0miao and Uho noun, e. l
has been made with nonresident hold ers of
said bonds demand the fall amount of principal |
and interest for theirs. And these respondents |
further state and show that they should not he |
attached herein. because the bonds upon which |
This Judgment was rendered were and are said |
Lafayette county bonds, issued to the Lexington |
q st. Louis Railroad Company, and these re-
have reason to believe, and do believe
ana charge the fact to be, that before and at the
Time OF the commencementof the suit herein one
Joseph DAVIS, q resident of said LAFAYETTE
was the holder and owner of said bonds,
anu That he, said Davis, Is the holder and
owner OF SAID Judgment, and that SAID bonds
were simply transferred by SAID Davis to said
FIRST National Bank of Jefferson City for the
purpose of conferrlng jurisdiction on this Hon
Court to try and determine said cause:
me- the said Davis, hoping and expecting thereby
anu IN tnat manner 10 avoid the qualification
ana ehoarrassmen consequent upon the fact
mat he was An active and prominent member in
ana OIL said convention. and voted for said pron-
'silon ana compromise both in said conyen-
lion and at the polls. And these respondents
Iurtner state and show that said Davis WAS in
convention and voted for said COMPROMISE
Ano terms thereof, and that being in said con-
'enuon anu voting as aforesaid, that in equity
IL o concluded and now bound to stand by and
" said contract and compromise. And
"eee iesponaenss further state and show that it
~. U { ootn unjust and inequitable 10 allow
"' oohonoiaers TO demand and receive
I'LL pay and interest for their bends after said
eSioent oondholders, by their acts, had in
'uenced and encouraged nonresident bond
folders to compromise ard part with their aid
Tor a less sum. That said Justices of said
'ounty court have been and are now willing and !
'naious to compromise said bonds, or the said !
augment, upon the terms and conditions nro- .
'oseo ana voted and acquiesced in "a aforesa,a
.hat tney did net and do not think that said {
'oseph Davis, the real relator here. n. cop,d '
uy OF reasonably demand or that thew the O
-" 'us'ices' could pay the full value of said !
"' VI judgment with accrued interest thereon =
actlng In bad faith with bondholders i
A"Se oonos nave been compromised on tbe !
s.ns aioresaid' and in bad faith to the people '.
l Sa'o county who elected said justices. and Il
ave al all Times directed them to deal with all II
IN the composition OF said bonds. And u
'eee respondents further state that thew have I
cen Ut all times and are now willing to obev u
'e "rits' process and m of this Han. u
laoie court. but that in this case they hesitated u
make said levy, believing then and now that q
~, y. u iacts Were made known to this court =
lAL IhpIr Nnfne,I - a
= reiusai 70 make said levy would be =
"'ee" not approved by this court. That in "
'u' "'tins 1hey intended no disrespect to this =
'ui'' out simply desired that the facts might :.
WI manner be made known and Justice done ~
the premises. Wherefore we, the ,ustices or =
III county court, hearing of the order for lis In .
low cause why We should not be attached o
erein voluntarily come into court, and are now IL
resent, and respectfully ask that We lie dis II
iar9ed' and that SAID Joseph Davis. the real -
iator and owner of said judgment, be LETT and "
'qhirea to compromise on the terms and cop- II
Mons voted by himself and acquiesced in NV II
bondholders. (Signed) II
j. A. PRATHER, President Court. e
. W. HARRISON, Associate Justice.
IA. LOCkHART, Associate Justice, =
subscribed and sworn to before me this ,o,b e.
~ Of October, A. d. 1881. n
'oisned) ARR WATSON, 8
oh'f- US. Circuit Court West'n Dist Mo "
Judge hrekel upon hearing and considering tr
10 answer asked MIR. johnson. the attorney for a,
&c piaihtln' what he had to say to it. Mr.. john n,
III SAID he had no reply to make, when Judy. i.
rekel said, I'm that case the answer vii, I. =,
Ken as true. 1t may be, as you say. no defense a.