The Cape Girardeau Democrat. (Cape Girardeau, Mo.) 1876-1909, 1893-03-04

county court of st. Clair county by order OF
Judge Philips. of the United States couft OF the
Western district OF Missouri, and scores the
federal judiciary for interfering with state af-
fairs. The reading of the communication was
listened TO with the most profound silence. A
resolution TO print 500 copies was adopted.
Several resolutions proposing q protest to CON
gress against unwarr3nted Interference I'm the
part Of the federal judiciary were offered, and
for half an hour the orators were turned loose
and the federal courts were denounced In the
most emphatic language. Finally the resolu-
sons were all referred TO the judiciary commit
tee. The same matter was read in the senate
and referred 10 the judiciary committee.
Gov. Stones Message.
To THE y AMI HOUSE OF REPRESENTA-
TIvEs-I feel constrained TO call the attention
of the general assembly to n matter which l
consider one of great Importance. I refer TO
the Imprisonment OF county judges Under the
process OF the federal courts. To-day the
Judges OF the county court Of St. Clair county
arc imprisoned in a common Jail at Kansas
City. under the order OF the United States cir
cult court for the Western district OF Missouri.
The ofense for which they stand imprisoned is
disohedience to the order of the said circuit
court commanding them to levy certain taxes
on the property of the people, to pay certain
judgments rendered in that court against the
N'AthF Va acHtR Wv " ufN IA A"'
construction Of o railroad. These bonds were
issued soon after the war. at a time when dis
order generally prevailed in that section of the
state, where 0 large number of the taxpayers
were diSfranchised and denied all voice in
determining whether the bonds should he IS
sued. and denied all representation in the con
duct OF public affairs. The bonds were issued
10 an irresponsible corporation. ostcnsibly 10
aid. as / have said, in the construction OF a rail
road, although not a foot Of road has ever been
constructed. and the enterprise has heen long
since abandoned. The people OF the county
hare always and uniformly maintained that the
law. as II then stood. was not complied with by
the de facto authorities then in control OF the
county in issuing the ronds-that they were
fraudulently and illegally issued. l an in
formed that the first suits in which the legality
Of the bonds was tested was brought in the state
ircuit court. and that that court held that the
! onds had teen issued in CONFIRMATION of the
constitution and laws OF the state, and were
therefore. void and of no effect. But the
tondholderS, not content 10 aridc
~ the decision of the state
tourt, brought suit on other bonds in the
United States court, and that cour: held
the bonds to he commercial paper. valid
and binding on the county. Since then a CON
test has been going on in the federal court be
tween the fOndholders and the people, one
seeking TO enforce. the other to resist, the col
lc. ton Of the bonds. Judgments are rendered
against the county on the bonds. and man
iamuscs are then issued 10 the county Judges
commanding them to levy and cause to he col
.eCted sufficient taxes 10 pay the judgments. !
IN informed that the judgments in said circuit
curt now standing against ST. Clair county ag-
rcEate aiOut $4,000. Because the judges re-
fused to ORGY the writ of mnndus commanding
them TO levy n tax TO pay these judgments, they
have feen committed TO Jail for an indefinite
feriod for contempt.
have thus briefly outlined the history of
This controversy that the general assembly
1!ay re advised OF the facts. and not because I
"Stecm the greater part Of it as teinG of any cS-
nccial Importance to the present consideration
For the purposes Of the present consideration
/ 10 not care 10 inquire whether the bonds are
legal or Illegal. My immediate purpose IL 10
call attention to the fact that the county judges
If this county are restrained OF their liberty. ut
point remote from their homes. and. / nm in
formed, will not he permitted to return to dis
charge any official duty until they con
sent to levy the tax required 10y the
order Of the federal court. This they
refuse to do. 10 because the people of
the county, who regard the bonds as fraudr-
!cnt. are cxaspcratcd at a judicial decree which
they regard as vicious and disrcEardtul of MI
. ctter precedent and of the public right. and
therefore forbid 1t. and -, tocausc they can
not levy so large a tax rs they are commanded
to levy for this purpose without violating the
statutes OF the state and thereby suhiecting
themselves to Indictment and severe penalties |
imposed V the courts of the state. Under the
laws Of this state the judges of the county court
have absolutely no original power to levy such
= tax. The law OF the state authorizes the
county courts to levy taxes TO a limited extent;
in counties Of the class OF st. Clair to The cx- |
tent of one-half of l per cent, or 30 cents on the
400 of valuation. But that tax Is expressly de |
tlared to lie for the purpose OF meeting the
@urrent county expenses. and for that
only. The constitution and statutes of the
states confer jurisdiction upon the coun-
~ 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 a necessity exists for an additional
tax to pay an existing debt, or there is any o.
casion for an extraordinary tax. another course
of proceeding is required. No original iuris-
diction IS conferred upon the county courts
to levy a tax to meet any such ~extraOr- |
binary demands: hut. on the contrary, |
such jurisdiction is expressly withheld. When
inc necessity VI an EXTRAORDINARY TAX exists |
the law requires that the county court shall
cause the county attorney to prepare and
present 4 petition TO the state circuit court.
which is q court of common law jurisdiction. or
to the judge in vacation. setting forth the rea- |
son and the necessity for the tax. and all the
facts connected with it; and the circuit court,
or judge. shall examine the petition. and. after |
the facts. II he shall hold that
the debt is a valid one. and the tax a proper one
TO lie levied. he can issue his order authorizing
and empowering the county court TO levy the
tax: which order may he a continuing one. from
year 20 year. as long as the necessity for the tax
or until IL Is revoked by the order OF the
court which made it.
The county court, 1 say. is devoid OF jurisdic-
tion and power to levy the tax in the first in
stance. The power to make the levy does not
exist until the circuit court confers It In the
manner provided by law. This view OF the law
has been distinctly and repeatedly affirmed by
the supreme court of this state. Any violation
Of this law would subject the county judges to
heavy penalties and the forfeiture of thei; Of
ices.
] am informed that a few years since an ap-
plication was made, as provided by statute, TO
The circuit judge for an order TO levy u tax to
pay judgments rendered on these bonds in the
federal court; hut that the circuit judge. hold
the bonds to be void, refused TO authorize
The levy. The county judges, therefore, are, as
they contend. without authority to make the
levy required by the order OF the federal court.
and any attempt to make it would subject them
10 the penalties of the law. Thus these state
officials are placed helpless between these con-
lending forces. II they attempt to levy the tax
they are liable to he visited with severe pun
ishment from the state courts. sitting in n