Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1886-05-01
SUIT AGAINST VIM. B. STEELE.


the Western District of Mo, April
term, 1876.
The A. IL u. r. Il. Cos
William 3. Steele.
United States of America. &.
Western District of Mo.
Now comes the plaintiff, the Atlantic
& Pacific II. r. Co., and states that it
is a corporation created by an act o.
the congress of the l.. s, entitled Gan
act granting laws TO aId in the con
struction Of a railroad and telegraph
line. from the states of Missouri and
Arkansas to the Pacific ocean," APPROX
ed July %, 1856, and by said act
is authorized TO bring this suit in this
court.
That the defendant, William l..
Steele, is a citizen of the state of Mis-
souri, and resident in the western
district of Missouri in Lafayette coun-
ty, and at times hereinafter stated, was
clerk of the county court of said
county.
The Lexington & st. Louis Railway
Co. is a railroad corporation created
by and existing under the laws of
the state OF Mo-, and as such
was, on June ii, 1870, and has been
ever since and still is the owner of Il
certain railroad extending from Sedalia,
in Pettis county, into and through the
county of Lafayette to the City of Lex
ington, therein.
That on and about June IA, 1870, the
said Lexington " ST. Louis II. Il. Co.,
duly made lease ofits road and all its
appurtenances thereto belonging to
another corporation, created by the
Pacific r. r., and which connected
with the said Lexington & st. Louis
II. r., which lease was Tor term OF
20 years. In said lease 1t was express
ly stipulated and provided that the said
Lexington 81 st. Louis r. r. Co.
should pay all taxes which might at
any time, during the existence of said
lease, be levied tor any purpose,
whether state, county. municipal or
any other purpose OH said demised
property.
That afterward and during the eX-
istence of said lease, to.wit: On or be-
fore June %, 1872, the said Pacific Il.
r. leased its own property, and assign
ed its interest IN the said lease OF the
Lexington & st. Louis Il. Il. to the
plaintiff herein, ,all under and in accord
ancc with the provisions of the act of
the Legislature of Missouri providing
for the leasing of railroads, approved
March "a, 1870.
Said lease of the Atlantic Il Pacific
r. r. Co., and said assignment of the
lease of the Lexington & St. Louis L.
r. by the Pacific r. II. was recorded
in the Office of the secretary of state at
Jefferson City Oh the - day of -,
1872, and ever since the said Atlantic &
Pacific Il. r. Co. has continued to
operate said Lexington & St. Louis r..
X. in the same manner required by the
terms of said lease, but has used in said
operation its own rolling stock, as the
said Lexington & st. Louis X. r. Co.
never owned or demised any rolling
stock.
That afterward the state board OF
equalization Of IA 'lrOad property claim:
Ing to act under the provisions of an
act of the legislature of the state of Mo.
made on or about July 6, 1871. for the
taxes for the year 1878, an assess
ment of the property of the Lexington
e st. Louis II. r. Co., and assessed the
same to and against the said Lexington
Il st. Louis II. II. Co.
And afterward, on or about July 13,
1874, the state auditor of the state o.
Missouri issued the following certificate
to the defendant as county clerk OF
Lafayette county:
ITO the county clerk of Lafayette
county, Lexington, Mo-: '.In compli-
ance with the provision of section /
of an act entitled can act to provide
for the assessment of railroad property
and the collection OF taxes thereon u
certified that the total value of the
property OF the Lexington and st.
Louis Railroad Company in the county
of Lafayette, state of Missouri, subject
to taxation, for the year 1878, as ad
iusted by the board of equalization OF
railroad property,is S342 ,299 Al; at the
rate prescribed by law the taxes due
the state on the above valuation are as
follows:
For State Revenue Fund w ... 5 GS5 90
" - Interest. ............ S56 90
Total Observation-Disclosures. 20
which amount you will at once proceed
to levy.
1t is further certified that the accom-
panying statement is a full, true and
complete copy of the apportionment of
said property to the various townships,
cities and towns, as made by said
board.
In testimony whereof have hereunto
set my hand and aft xed my official seal.
Done at my Office in the city of jeff
erson this 18th dav of July, "A. d, 1874.
(Seal.) GEO. B. CLARK,
By w MCGRAIN, State Auditor.
Chief Clerk.
That afterward, on or about June,
1873. the defendant, William b. Steele,
then clerk of the county court of Lafay-
ette county, made out a paper in words
and figures following:
"a statement Of taces md penalties
aue by the atlantic G Pacifc RajLrOud
Company for The leased property Of Me
Lexington Dc 81. Louis RailrOad COnapu.
M for The UeaI' 4. d., 1873: