Lexington weekly intelligencer., 1883-01-13

redlt TO the state" What that amount
now forms the question at issue be-
ween the state and the company, and
lust be determined by the federal
ourts.
This controversy elbows the wisdom
f that constitutional provision in
ibiting the state from "contracting
.,Ay debt or liability on behalf OF the
tate, or to issue bonds or other evil
lences of Indebtedness thereof, ex-
.ept in renewal of existing bonds.and
o create debt not exceeding $780,
100, to meet an unforeseen emergency
,r casual deficiency" as the liberality
If the state has been so often abused
oy the recipients of its grace. 1t is q
matter of regret that this company,
after having so long and 80 faithfully
met its maturing interest on the
bonds, should have sought an oppor-
Lunity under the act of 1S65-cuuning-
|y drawn, as it ives supposed, in the
interest of the road-and the advice |
and direction of hired counsel, to vio-
late the most sacred obligation that
can exist between creditor anu
debtor. The state, from the begin
ming, discountcnanced the construc-
ton placed upon that act by the com
pany, and simply demanded a fulfil
ment of the obligation nominated III
the bond, and at no time has IL acted
than justly and leniently
with the road even when reversed and
surrounded it aud al
most wrecked it's financial existence.
No road has asked and received more
kindness from the state than the Han
nibal and st. Joseph. The moro it has
been accommodated the more 1T has
demanded. 1t received from the state.
under the act of 1851, Sl,5OO,OOO
special bonds as a loan OF the public
credit, redeemable at the pleasure of
the Legislature any time after the ex-
piration OF twenty years from the
date of issue; aud. again. under the
act of 1885, it received the same num-
Der OF bonds, of the Same character.
redeemable iu thirty years, amt, i'll
1874, upon the urgent application of
the road TO the legislature, the ST.
500 900 bonds. issued under the act of
1851, were renewed for further term
of twenty years. Thus, in fact, re-
ceivlug from the state So, ,O0O, 900 in
special loan bonds, redeemable in
thirty and forty years-a favor not
solicited by or extended to any
other company. In consideration
of this fact, and upon principles
of honor, the road should be
slow indeed in attempting to evade
it's honorable and legal obligations to
the power which evoked it into exis-
tence. If the company persists in this
attempt, it is the duty of the state to
resist it TO the extreme limit of the
law. The protection of the rights of
it's citizens aud the preservation Of it's
high credit, will permit no other
course. The state only asks for all
equitable adjustment oil the differ
ence; one that will not embarrass the
road, yet will ''save the state harm
less'' from future liabilities. In all
the legal proceedings referred to the
state in addition to the very
able and faithful services of the
attorney-general, has had the services
of Messrs. Glover s. Shepley, and
Henderson s. Shields of st. Louis, two
distinguished law firms, In whose
hands, confidently believe, the in.
terests of the state will be secure.
The labor involved IN the defense OF
| the cases has been great and exacting
| Much testimony has been taken in
New York and Missouri, and the ex.
penses incident thereto have fully
consumed the small appropriated,
made for that purpose. RS pectfE,
ly submit to you the necessity for al
appropriation sI fficient 10 pay the ne.
| cessary expenses of the litigation ant
provide q fair compensation for the
counsel engaged. 1t is more than pos
sible that the case may fually reach
the supreme court of the United
States, which, of course, will mater
tally increase the labor and expense
of counsel. The distinguished coun'
they have no other reliance for re-
Justice and liberalltv in the premises
eral assembly will do full justice tt
agents who have been Jealous in de
Tense of the rights of the state.
OUTLAwRY.
Since the close of the war Missouri
has boen infested by bands of train anG
bank robbers, whose lawless deeds no
only rendered railroad travel and bank
ing dangerous in certain localil les o
the state, but also gave the state al
unsnviab!e reputation at home al,
abroad.
My predecessors assiduously endeav
ored. by the use OF every means ant
power within their control. to accom-
pllsh the destruction OF these bands, bs
| ho, off, oil 4 h.
18th day of July, 1881, certain parties
under the leadership of Jesse w
James, stopped and robbed train upol
the line OF the Chicago, Rock lslant
and Pacific railroad, at point nea
Winston, in Daviess county; and, il
the perpetrati0n OF the robbery, kille,
William Westfall. the conductor of ths
train, and John McCulloch, All employ.
OF the company. On the 2Sth day o
July. 1881, Issued the following proc
lamation:
STATE OF MISSOURI.
EXECUTIVE DEPARTMENT.
WHEREAS, 1t has been M ade know
TO me, as the governor of the state o
Missouri, that certain parties. who's
names are to me unknown, have con
| iCuolatSN ouu Obuucu Gu0ulSCINoS W
gether for the purpose of comm ittin,
robberles and other depredations with
in this state; aud
WHEREAS Sail parties did, on O
about the 8, b day Ot October, 1879
stop train near Glendale. in the coun
" OF Jackson, In sald state. and will
force and violence take, steal and carr,
away the money and other expires
matter being carried thereon; and
WHEREAS on the 18th day of July
1881, SAID parties and their confedera
tes did stop train upon the line of tn,
Chicago. Rock Island and Pacific rail
road, near Winston. in the county O
Daviess. in said state, and with fore,
and violence, take, steal and car
ry away the money and other expires,
matter being carried thereon and in per
petration of the robbery last aforcsa il
the parties engaged therein did xii
and murder one William Westtall, til,
conductor OF the train, together with
one John McCulloch, who was at tn,
time in the employ OF said company
then on said train; and
| WHEREAS Frank James and Jesse
w. James stand indicted In the circui
court of SAID Daviess county, Tor tn,
murder OF John W. Sheets, and th,
parties engaged in the robberies anC
murders Aforesaid have fled from Justice
and have absconded and secreted the III
selves;