The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1885-01-13

18th day of March, signed his repor
Z showing that the State was entitled. OF
= January l, 1883. to S549. 0S3.5S with in
terest. The finding of the Master was :
substantial victory to the State. Except
, ions TO this report were filed i'm court by
counsel. both for the State and the COM
: plainaDt. which exceptions were. on
April ID. 1888. argued before Judges
hrekel and McCrary, in jefferson City
by Attorney-General Mcintyre. Hon
John b. Henderson and George III.
Shields, for the State. and BY Judge Dill
Ion. Mr.. Root and Mr.. Easley. for the
complainant. This argument was ex-
haustive, going over the entire case and
resulted in a modified final decree for
the State, and findiDg that the STATE was
entitled to received from the Hannibal
q st. Joseph Railroad Company on May
Ill, 1888. S476. 049.2S with interest at the
rate OF three per cent per annum till paid
Both parties took appeals from the iudg-
ment TO the United States Supreme
Court. The United StBses Circuit Court.
OF September Is. 1885. in its interlocut-
DRY order, had enjOined the sale of the
railroad by the Governor until the final
Judgment in the case upon the further
payment Of 100000 on or before Oct. (.
1882. into tiie State Treasury, which was
paid October 3. 1882.
| lt viii thus be seen that In addition to
the S3.U0.OOO originally paid BY the rail-
road cOnpanv tO the State. and which
was claiIaed Uv the railroad company to
| be all IhaI WAS due to the State on ac-
| count OF the Hannibal IL II. joseph
Railroad AID Bonus. that the litigation
has so far resulted in q judgment in
favor of the state for S566.049.27 more.
| 800 900 of which has already been paid
into the State Treasury, and for which.
| TO wit, S476.049.27, the State has a lien
upon the property of the railroad COM
panv if the Judgment of the United
States Circuit Court should be affirmed
by the Supreme Court of the United
States. In the ordinary course of bus
mess this case xill probably be reaehed
in the United States Supreme Court
some time i'm 1886 or 1887. but it is hoped
that the case may be advanced and
heard some time during the year 1885.
The last legislature appropriated SI0.-
600 TO pay. rs a retainer or partial pay
the employed sounsel of the State
Glover & Shepley and Henderson Il
Shields. With pyOfOunded regret. / an
nOunce that MeSsrs. Glover & Sheplsy
have both died since the case was last
argued and decided at jefferson City.
Mr. Glover performed the labor of the
firm in this case, aud did it with singnl-
ar carnestness and ability commanding
the respect of both the court and his
associate counsel. In the management of
this great cause. Henderson and Shields.
are still retained by the State i'm the con-
trOversy. L suggest that the legislature
make another appropriation TO cOmpen-
safe the counsel for their services i'm the
case up To its final determination i'm the
Supreme, Court of the United Stated. Ii
is confidently believed, that the judg-
ment of the United States Circuit Court
will be affirmed by the Supreme Court
or that if modification of the judg-
ment is made. that it will be i'm favor of
the State, in allowing still greater sum-
As ID. III. Mcintyre will soon retire |
from the Office of Attorney General,
suggest that the Legislature make suf-
feient appropriation to continue him in
this important case. Having been one
of the Fund Commissioners of the State
from the inception of the controversy
and the leading law officer in the man
agement of the litigation in behalf of the
State. and having served the State in this
more thoroughly acquainted
with the intricacieS and salient points
involved in the litigation than it is posi-
BILE for his successor to become, in the
short time intervening between this and
the hearing of the ease by the Supreme
Court.
The State could make no wiser invest
ment of its money. The increased pre-
MUM upon the United States bonds pur-
chased with the $4,000, 900 paid by the
trustees of the Hannibal Il st. Joe Y, K. |
Co.. has been more than sufficient TO !
defray the expenses of litigation upon
the part of the State. Ny official cOnnee-
ton with this important ease being now
severed, sincerely trust, the State will /
suffer no harm in|fts final determination. |
recommend that the State take steps
ut once towards the payment of the. over
due coupons on the Hannibal and * ST.
Joe bonds, and the payment of interest
on the same at such percentage as may
seem wise To the Legislature. l think
the State has arrived ut that stage in the
when it is no longer just
and honorable TO delay the recognition
Of those demands. Such an act Will up
hold the credit of the State. The Issue
between the State and road cannot be
affected by their adjustment. This sug-
gestion is made with the sanction of the
other Fund Commissioners and the State
Treasurer.
RAILROADS.
Missouri Is keeping pace with her sister
States in the construction of railroads.
Il is vet one of the ''new States" which
las offered and is still Offering inviting
fields for such enterprises Nothing has
lone more towards developing the State
md bringing il into public admiration