The state republican. (Jefferson City, Mo.) 1871-1896, 1893-03-02
A MESSAGE FROM STONE.
tie f'ses tie rihrrfson f-tsrt Of tts ~.
clair CoHutv Judges us Il Es,is fof
Criticism of tn" fadaral e6urt
--f6tion Sugges,s8

tihir 'oHhtN Ju0ccS rs E1,s Tor
Crticism of IN" fAdaraI court
Action suggSs,s8
JErFERsoN CITY Nc non. ei--G6v.. Stone
sent the most rcmnrkal lc runh1yunCatfon 10
the legislature yesterday morning that itl" heen
read in the legislative hail since tho war. IL
relates to the Imprisonment Of the judges Of the
county court OF st. Chair county by order OF
fudge Phii'ps. "' tho United States court of the
Westefn district of Ni's'rivi, and scores the
iede'df tudci5tr for intcrfeftifg yi'r state NJ
fairs The reading y thr c6mmudicu'idH w..
listened to WIZ The mos q p'Inund ileuc'
resolution to prin, $500 copies wa udoptcH
Several resolutions proposing q protest to con
grcss against unwarrantcd interference I'm the
part ot the federal judiciary were offered, az
for half Hn hour the orators were turned loose
and the federal CUuft- were denounced in the
most emphatic language. FINALLY the rcsolu-
tions were all referred to the judlc'nrr commit
tee. The same matter was read in the i''AtAs'
and referred to tho judiciary committee
Gov. stones Message.
TO THE SENATE AND IlorsE OF REPRESENTA-.
tivEg / feel constrained to call th" attention
NJ tho general nssemnly to II matter viii, h !
consider Gne II great Importance. ! refer to
'hc Imprisonment Of county judges under the
procc-i Il the federal courts. To-day The
Judges Of the county Chlit' NJ -. Clair county
urc imprisoned in com'nin jail a. knnEqs
City. under the order of the UnltCS State err
cult court for the Western district OF Missonn.
The off"nse for which they stand imprisoned Is
1isotCdcnce tr the order Of the said circuit
court CUmmh'in'rg 'hchl ln levy certain taxes
on the property of tht pc"pf 10 pay certain
judgments rendered in that ctuH tv+'n't iho
county on londs issued osicnsibly to d'd m the
construction of railroad. These tOnds StFc
issued soon after the war, AT Il time when dis.
order upnprn1lV prpVuilpl In that section of the
state. whore large numlcr Of the taxpayers
were disfranchiscd and denied all voice in
itlcEnlining whcthpr the onds should he is.
sued, did dtnltd an representation in the con.
duct Of public ahHfFS. TIE ltnhs Hrfc issued
10 an irresponsible corporation Gs'onsiilS to
aid as have said in the construction N rail
road. although not foot of road has ever lcen
constructed, and the enterprise has cen long
since abandoned The people of the county
have always and uniformly maintained that the
law, as II then stood. was not complied with 10y
the de faCto authorities then in control 0f The
county In issuing the bonds that they were
fraudulCntly and illegally issued. | am in
formed that the first suits in which the legality
nf thr bonds was tested was hrough, in the state
circuit court, and that that court held that the
ihud, had been issued IN contray aycntion Of the
constitution AMI laws uf the state nnd were
therefore void and o, il" Cnrct Jiul the
hondholders, not content to ehide
by the decision Of the state
court, brought suit on other londS In tho
United States court. and that co1rt held
the ldnds tC 10 commercial paper, valid
| and binding On the c,hlnty since then a con.
| lest has been giing On IN tie fttlcta court be.
| tween the tondholderS uhd tie people, Pnc
seeking to enforce the other to resist tl!c col.
| lection OF the bonds Judgments are rendered
| against the county on the bonds and man
damuseS are then issued to the county judges
| commanding them to levy and cause to he col
| am informed that the Judgments in said circuit
| court now standing against st. Clair county ag-
| gregate about $4,000. Because the Judges re-
| fused 10 obey the writ OF mandus commanding
them 10 levy n tax to pay these judgments, they
lnye lev committed to iail tn7 ga - jetiEith
period ftf ctintentpt.
| have thus briefly outlined thc history OF
| this controversy that the general assembly
| may be advised Of the facts, and not because
esteem the greater part Of it as reing of any cs-
| pecial Importance to the present consideration.
| For The purposes If the present consideration
| do mot care to inquire whether the / onGs arc
legal or Illegal Nv Immediate purpose is TO
call attention to the fact that the county Judges
OF this county are restrained NJ their Liberty at
| point remote from their homes and, dn in
| formed will not be permitted to return to dis.
churRe any onicial duty until they con
| sent to levy the tax required hy the
| order Of the federal court. This they
| refuse to do, tD because the people OF
| the county, who regard the bonds as fraudu-
| lent are cNasperaied at judicial decree which
| they regard ns vicious and disreRardfui Of all
| better precedent and OF he public right. and
| therefore forbid 1t, md ~ lccnu-e they can
| not levy 80 large tnx nv they nrc commanded
TO levy for this purpose without violating the
| statutes OF the state md thereby suhjccting
| themselves to Indictment and severe penalties
| imposed hy the courts of the state. Under the
| laws Of this state the Judges OF the county court
IuN oh bf,n tf, tTh
h tax The law of the state authorizes the
county courts To levy taxes to limited extent;
| in counties nf the class Of St Clair to the en-
tent OF onc.half OF per cent, or NJ cents on the
500 OF valuation. But that tax Is expressly de-
| cared TO he for the purpose OF meeting IN"
| current county expenses and for that
only. The constitution and statutes of the
states confer jurisdiction upon the coun'
| ty courts to levy this limited tax for specific
| purposes, and the same laws specify the uses
| TO which these revenues shall he appropriated;
that is TO say for purely county purposes for
the support of the poor and insane, for roads
and bridges, for the payment OF salaries OF
| county officials, for witnesses and jury fees
| election expenses and the like. The laws OF
the state provide that the county court shall
| have no original jurisdiction to levy any other
tax: and II II necessity exists for an additional
tax TO pay an existing debt, or there Is any oc'
casion for an extraordinary tax. another cours,
OF proceeding il required. No original iuris
diction is conferred upon the county courts
to levy tax TO meet any such cXtraor
dinary demands; but, on the contrary
such jurisdiction Is expressly withheld. Whel
the necessity OF an extraordinary tax exist
the law requires that the county court shal
cause the county attorney to prepare an,
present a petition TO the state circuit court
which is court OF common law jurisdiction, o.
to the judge in vacation, setting forth the rea
son and the necessity for the tax and all th'
fact, connected with II: and the circuit court
or Judge, shall examine the petition, and afte
understanding the facts, II he shall hold tina
the debt is q valid one, and the tax proper on
to he levied he can issue his order authorizing
and empowering the county court TO levy th'
tax, which order may be u continuing one, from
year to year, long as the necessity for the Ia,
exists, or until II is revoked by the order VI tn
court which made IL.
The county court, say is devoid OF iurisdic
tion and power to levy the tax In the first in
stance. The power to make the levy does no
exist until the circuit court confers !, in tn