Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1884-05-31
Mr.. BLAUKWELL'S ANSWER TO
MR.. SKINNER.
Valentine Winters, Rclator,

Valentine Winters, ~ltclator,
against
In the United States Circuit Court Western
District of Missouri, Western division. May
term. 1884.
Now come Robert A. Barnett and Robert
Hale. two of the Justices of the county court
OF Lafayette county, and for causes and rea-
sons why they, as such justices. should not
be attached for failing to make i levy ri taxes
for the payment OF REALTORS judgment, rs
commanded by writ Of mandamuS issued here
IN, by leave of court respectfully state and
show: That i'll failing 10 make said lev, they
did not and do not intend any disrespect 10,
or disregard of. this honor.ble court, its pro-
cess or mandates: that their refusal and fail
ure To make said levy was. and is, due solely
to the following facts and acts which are sub
mltteh in confidence that they will not only
excuse but justify the action of these re-
spondcnts in refusin. TO make said levy. Re
lator's judgment for the sum of four thou
sand, four hundred, fifty four, 26-l00 dollars,
was rendered in this court on November LIST,
1881, OH coupons of bonds subscribed by Sni-
a-Bar township, in said county, to the capital
stock of the lexington, Chillicothe q Gulf
Railroad Company, not one foot of which said
railroad has ever been built in said township
or county. These coupons were prosecuted
to judgment by Il. h. Skinker, ESQ, and
these respondents claim and hold that said
Judgment was and is included in u cOmpro-
mise made aud entered into NJ st. Louis on
the 10th day of June. 1882, between the bond
holders and the bonded townships of said
county; that before and on the said Goth day
of June. 1882, it was found that the bonded
Indebtedness of said county had been reduced
by payment and compromise, from one mil
liOn, fifteen thousand, two hundred dollars to
the sum of seven hundred, sIXty-three thou
sand. six hundred and eighty dollars; that six
OF the eight townships in said county had Il
railroad bonded indebtedness amounting in
the aggregate to the sum of SIX hundred and
fifteen thousand, five hundred and sixty dol
lars, to which last named Indebtedness is to
be added one hundred and fifty Thousand dol
lars recently adjudged against Lexington
township, in said county, by the supreme
court of the United states in suit Of kirkbrlde
against Lafayette county thereby making the
present county and township Indebtedness
amount to the large sun Of one million, i've
hundred, twenty-nine thousand, two hun
dred and forty-eight dollars, less the sum OF
hinety Eight thousand seven hundred and
seventeen dollars, saved by the composition
of township bonds compromised at the rates
and terms agreed upon at st. Louis on the
said 10th day of June, 1882; that with this
large bonded Indebtedness, county. and town.
ship, said county only had an assessed prop
erty valuation OF eight million, nine hundred
thousand three hundred and
eightv-three dollars, including real and per-
sonal property of all kinds and descriptions.
This being Il correct statement OF the tinan-
cial condition of said county and SIX of the
eight townships therein, and no steps having
been taken to pay or compromise said own
ship Indebtedness and all of said townships
being willing and anxious to settle and adjust
said Indebtedness upon fair, reasonable and
equitable terms, and upon being Informed by
prominent and eminent bond attorneys that
the holders of said township bonds were also
willing and anxious to enter into 4 fair and
reasonable compromise, and after prominent
and distinguished bond attorneys had ap-
peared IN person in said county court whilst
III session and urged a conference and meet
ing ut st. Louis for the purpose of agreeing
on terms for the settlement of said indebted
ness, and after notice and call for such con-
ference and meeting made and published by
the bond -holders themselves in the Globe
Democrat and st. Louis Republican. news
papers at the time published in st. Louis, the
Justices of said county court, clerk and pros
attorney of said count together with
representatives from the several bonded
townships, at the special instance and re-
quest Of said bondhOlders and pursuant to
their said notice and call and ut great eX-
pense trouble and loss of time met said bond |
and their attorneys in conference on
said 10th day of June, 1882, at the law Office |
OF Gen: john b. Henderson, in the city of ST. |
Louis, Missouri, which said meeting and con.
terence OF creditors and debtors was organic
by the election of Judge JOIN A. Prather
US chairman. and w. G. Little, ESD, as Sec
retary; aud when so organized WAS composed
VI the following representatives on The part
the bonded townships, tO-wit: John A.
Prather, }. W. Harrison, John A.. Lockhart, |
w. y. Steele. Robert Taubman, John G.
Wortllingtoh, K. 4. Russell. Geo. +. Gordon, |
}. w. Goodwin, John b. Jones and John S.
Blackwell; and on the part of said bond
holders the following representatives, to-wit:
Gen: John B. Henderson, I'LL. Overall, Til
Colby, IL. 7. Kent and W. G. Little; that af-
er a two days session of SAID conference,
were discussed ali the facts, matters
equities connected with, belonging or APP.
pertaining to a just and reasonable cOmprO-
of said indebtedness the following as pre-
iented by Gen. .lOhn b. Henderson. was
'dopfed and agreed to, by 4 large majority Of
aid conference, tO-wit:
TOWNSHIPS.
Lexington, Judgments All, bonds and cou-
IONS A per cent.
Washington. judgments a7t,bonLs and cou-
Sni-a-Bar, judgments 324, bonds and cou-
IONS 20 per cent.
Davis, Judgments 80, bonds and coupons Is
,er cent. |
Freedom, judgments 80, bonds and coupons
D per cent.
Middleton, judgments 50 ,bonds aud coupons
3 per cent.
1t is but just to state that Il. X. Skinker,
$50, the attorney prosecuting this case,
lalms hat In said meeting and conference he
- A0A6SA < SOACs " lit UOWH. l
hips of Sni-a-Bar and Washington than that
greed upon for said townships BY q majority
said conference. Your respondents admit
hat MIR. Skinker made such demand, but re-
submit that having been present
nd participated in all the discussions and
CELEBRATIONS of said conference. he and all
hose he represented i'll said conference, are
and concluded by the action of said
1t may be and doubtless is true
hat not a single representative in said con-
anPG was SafiSfiaI rifb tho .rlA MI 1
ownships demanded a lower late; the bond
folders a higher rate. We finally agreed
lpOn the proposition aforesaid, and from that |
lay to this our court aud our people have
reated said conference and the action thereof
something binding on our townships, and
o also have most of the bondholders and
,ond attorneys comprising said conference il
he composition OF their bonds under said
greement be any evi 'ence Of said fact.
these respondents further state that under
M by virtue OF said compromise so made Us
foresald, and under and by virtue of the au-
horlty given by the law of the state of Mis-
ouri, the county court of said county lat great
Expense to the taxpayers, ordered an cleo
to be held in said bonded townships on
he 26th day of August, 1882, for the purpose
o%mprOmise by the qualified voters of >aid
Ownships, and that nj said election the pro-
was carried in each of said town
hips and the proper order made in relation
D said election and the result thereof bv said
ounty court, which said order is here pro-.
uced and TO the court shown.
That under and by virtue of said compro-
dlse, first agreed upon in said conference and
ratified by 4 vote of the people
II of the bonds of the townships of Freedom,
and Davis have been compromised
part of the bonds in the remaining town
hips, tO-wit: Washington, SCI .a14 Oh: Sni-
Bar. s9,2GO 3G, and Lexington, S6.117 o.,
ew bonds being Issued in lieu of old bonds
s provided by law. Your respondents state
hat said conference held al st. Louis. at
he time and place aforesaid by its said see.
etary kept and preserved minutes Of the
Proceedings and business transactions
I said conference, which said min
tes officially signed are here produced
nd to the court shown. Your RESPONDENTS
lrtiier state that the count" court of said
and the representatives Of said town
hips went into said conference at the earnest
nd urgent request aud ut the special instance
I prominent and eminent attorneys who at
be time were known To represent Il very
arge per cent. Of said bonds and that said
curt and said representative had every req
OH to believe and did believe thai auv basis
1 settlement or compromise agreed upon in
AID conference You he ful.y and iaiihiul,
arried out by all taking any party therein.
Having mentioned the name Of Gen. John
). Henderson in connection with SAID propu-
lion Of compromise it Is but lust that we
hould say that he has compromised all bonds
wned or represented by him.. Mr.. Davis
nd MI. Little have done the same. These
respectfully. submit that said
onniy e urt and the people of said town
hips and these respondents having acted in
he utmost good faith III each aud every act