Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1882-11-25
THE COUNTY COURT THREATENED
WITH LIMBO.

Will LlMbO.
On November 10, 1875, Cochran
Fleming obtained a judgment in the
United States circuit court at Jefferson
City. against Lafayette county. on fund
ing bonds, In the sum OF $40, 638 88.
On this judgment Judge Krekel made
an ordsr, Sept. 4. 1882. commanding
the county judges and the county clerk
to appear In person before him, on the
first day OF his November term. being
the Goth day OF November, 1882. to
show cause why they should not be
punished tor contempt for their failure to
make a special levy of Sc. 900 as prevr-
ously ordered to do by his court.
Judges Prather aud Lockhart. MI.
Steele, and Mr.. Blackwell, prosecuting
attorney, we're accordingly in attend
u c on Judge Kreke.'s court. last Mon
day, and Mr.. Blackwell flied the follow
Ing a. the county courts return to the
writ, and reasons for not complying with
Its Commands
Cochran Fleming. ~relater.
Lafayette County Court, respondent.
In the United States Circuit Court. Eastern Dr.
vision of the Western District Of Mis-
sourI, November Term, A. D. ,1SS2.
Now come John a. Prstner and John A.
LocKhart, Justices Of the county court of said
respondent county. and for the return to the
order herein made of date September 4th, 1882.
and for causes why they should not be attached
or punished for failing to make a levy Of taxes
for the payment of REALTORS judgment, respect
fully state and show that the year 1875 found the
people OF sail Lafayette county oppressed with
an outstanding bonded and floating warrant In
dsbtedness of about fourteen hundred and fifty
thousand dollxrsI that the assessed valuatlon7of
taxable property in said county for the year
was about seven million nve hundred thousand
dollars. That during said year many of said
bonds fell due. and suite were beng brought
thereon, thereby making large additions to said
already large and burthensoms indebtedness.
That because Of this immense and almost un-
manageable Indebtedness, and the small amount
Of the taxable property from which revenue was
to be derived and drawn ter the discharge aud
payment of the ssms, the repeated and sue
cesslvs failure OF crops from various causes, the
l1otOvGAlonNN OOuSAsAOu Y AAOAv
edness Of the people. and the great and rapid
acorual of interest On this indebtedness said
people were made to believe and found it impos-
slble for them to ply said indebtedness in full,
they. therefore, determined, II possible, and in
good faith to effect q fair liberal and equitable
compromise with their creditors. and for this
purpose and to this end the county court OF said
county appointed Hon. NJ. V. L. MsClelIAnd. .
resident taxpayer In said county, a. agent to
consult and meet with the holders of said bonds.
and ascertain upon what terms . compromise Of
same could be made. That said agent published
notices in the leading newspapers OF the county
OF said proposed compromise and met and held
/ meetings and conferences with said creditors At
St. Louis and other cities. and subsequently
reported to said county court and the people of
said county that said Indebtedness evidenced by
county bonds could and would be compounded
on the following terms, to=wit: BONDS bearing
10 per cent. interest at eighty cents ON the dollar.
and bonds bearing & per cent. interest at seventy
cents on the dollar. Renewal bonds to be given
In exchange for the old bonds. payable twenty
i've years after date, and bearing 9 per cent. In
tsrest from the LIST day OF January, 1876. That
said proposition of compromise was submitted
to the voters Of said Lafayette county on the
slst day Of December. 1875. and carried by .
large majority vote, That the terms and oondi-
tons Of said oompr9mise were then and are now
regarded by both the oredltors and debtors very
liberal and just. That above ninety per cent. OF
the county bonded indebtedness has been COM
promised and adjusted upon the terms and con-
ditions carried and voted by the people - afore-
said. and not in one single instance has the said
county court departed from said terms or cspdi-
tions in the exchange Of bonds or in ths issuance
Of renewal bonds In exchange for judgments.
That said county oosrt has been and still desires
to be faithful and just to both the debtor and
creditor, and this faith can not be Kept with
either by paying r%elatsr's judgment in full. That
just prisr to the vote taken on SAID compromise
~ Aforesaid the bonds Of said county were being
sold In the market for forty-nve and nfy cents
on the dollar; that in Utmost every instance
when the bonds or judgments were compromised
the holders thereof demanded that the entire
county bonded indebtedness should be compro.
missed at the same agures and upon the SAINT
terms; that judgments Of this Honorable Court
running from one to twenty-five thousand dol
lars have been compromised by said county
upon the terms, aforesaid, and it would be unfair
and unjust for this relstsr to force, by the hard
and extraordinary process Of this court the pay
ment in tull of his said Judgment. These respon-
~SA~ sA0s ID "SoAA VIC = vAOA0tAVu II
BREACH OF the terms and conditions OF said com-
promise, and unfair and unjust both to the peo'
pie Of said county and the creditors of said coun.
ty who have already compromised on the terms
and conditions aforesaid, to new pay or offer te
pay or make levy of taxes to pay said judgmen,
Of said ~rslator. or any part thereof, otherwise
than upon the terms Of said compromise; thest
respondents further state that said county cour
and the people OF eaid county have been at ali
times since the vote on said compromise, ant
are now ready, willing and anxious to compro.
mise and adjust the said judgment of said relatol
on the same terms and by the same compromise
that other creditors have made and now herl
offer to make said compromise. These respon-
dents further state that in their failure to make
said levy they did not and do not intend any dis.
respect or disobedience to tho writ or process Of
this court. or the judge thereof, on the contrary
these respondents realize. appreciate and &C
knowledge the necessity Of absolute obedience
to all the writs processes and commands of Till
court. but whilst thus constituting the law thess
respondents hays no hesitsncy in coming into
this Honorable Court and asking FROM the equity
side thereof that said rslator be not allowed BY
and through the dry, hard and unbending tech
nlcallties Of the law to defeat the equitable and
liberal terms Of said compromise. or the com
plete carrying out thereof. These Respondent
further state that in the management. adjust
ment and TAR advanced composition of this i'm.
msnse bonded indebtedness the said judgmen
Of rslstar IS ths only one now pressing and de.
handing full and absolute payment, saye ant
excepting enc other nov pending ut Kansal
City. These respondents further state that they
have made and caused to be made dIligsnt In
CURRY a. to the residence or whereabouts OF ssit
Cochran Fleming. but NO inf formation on thii
subject can be obtained. He is only heard Of
through the extraordinary process Of this Hon.
orable court. These respondents further stat,
that said Lafayette county whilst other countle
were urging and encouraging reputation o
fheir bop4ed 4ndsbtedness, was ono of the nrs
in the etate to make an ofer, and q vary libers
offer of compromise. and that she has, in 800,
faith and under the most embarrassing circum
stances, persisted IN this laudable effort unit
now only . few Of her creditors are demanding
the last dollar. She was unabls to pay til
original debt; she is now able. willing and will
pay the last cent of the compromise debt, til
new bonds being worth . premium Of two pc
cent. in the market. Wherefore these respon
dents say that they ought not to make a levy TO
the payment Of REALTORS said Judgment, an,
having made full answer and return ask to b.
discharged.
IA. PRATHER. President Court.
+ A. Akancia te .Ju1pe