The Breckenridge news. (Cloverport, Ky.) 1876-1955, 1894-03-14
ESCAPED JAIL.
The Breckenridge County Court
Did Not Tunnel Out or File
the Bars,
But They Ordered The Railroad Tax
Collected in the Taxable Dis
tricts.
A Recent Decision of the United
States Court Made this Nee
essary.
And They Had to Levy the Tax or
Go TO Jail for Contempt of
Court.
JUDGE MERGERS CLAIM.

There was quite furry among the
magistrates OF the county last week
caused by a writ in the hands of United
States Deputy Marshall ordering them
to appear before his Honor Judge Barr
to answer a charge Of contemp 1T of court.
The Judge had been praying and plead
ing for more than two years with this
august body in the vain attempt TO get
them to act in the matter of levying a
tax for the payment Of certain interest
passed due, on bonds issued by the llar-
dinsburg district in favor of the Louis
vile, Hardinsburg and Western Rail-
road, better known as "The Branch"
Seeing that they could not be moved
| by any persuasive means he pounced
down on them with a writ, the end of
which appeared to be a short term in
his honor's Jail. This last order brought
the gentlemen to time an | they made
haste to do their masters bidding. They
met last Satu day and in very few
minutes satisfied Uncle sam and he
straitway released them.
The Court convened at 10 o'clock a.
m, Judge Adkisson presiding. The
following members were present and
answered to their names Dudley Ham
! bleton, Joe NJ. Mullen, j. w. Jarrett,
r. B. Cox, Riley Dowell, c. Q. Martin,
Geo. Harmed, S. w. Parsons, Ben r.
Miller, G. f. Black and II. G Drane
Judge Adkisson said by way Of intro
ducing the subject of the meeting, he
presumed it was not necessary for him to
state the obj 'ct Of their meeting as they
already knew that. lie said further that
Mr.. ID. w. Farlegh, attorney for the
bondholders, was present and had an
order prepared which he would read for
their adoption and approval.
Mr. Fairleigh came / rEard and in his
quiet, dignifed and pleasant address said
to the court that decision rendered in
the United States Court at Cincinnati,
last Tuesday, determined beyond ques-
ton the absolute validity of the bonds
and under that judgment they as a court
were bound to make the levy for sui
fcient amount to cover that judgment.
The whole amount now due, he said was
very large and to provide for its pay
ment at once, would be burdonsome on
the taxpayers. This he did not desire
and he would only ask for reasonable
amount to be levied now and with that
in view he had prepared the following
order, which he would read and submit
for their approval.
WHEREAS, the judgment in the case of
| w. V. MCCTaCken x Co against Breck-
en,idge &c, have been affirmed by the
United States Circuit Court of Appeals
and the validity of the bonds OF the
Tax District, composed of the IIardins-
burg Magisterial District and part cf
the Rough Creek Magsterial District is
sued in payment of its subscription TO
| the capital stock of the Louisvill, Har-
dinsburg and Western Railway Compa-
ny, has beed thereby finally adjudged.
And Whereas the County Fiscal Court
Of Breckenridge County, by mandamus
awarded by the Circuit Court of the
United States, for the District of Ken
| lucky, has been ordered to levy a tax
sufficient to pay the judgment in favor
of said McCrdcken d Co, rendered by
said court upon overdue interest cou-
pons on said bonds.
AHd Whereas, it is represented to the
| Court that the Mechanics Trdst Com.
pany-now the Columbia Finance and
Trust Company-of Louisville, Ken
! lucky, is the beneficial owner of said
| judgement, as well as of all said bonds
and overdue and unpaid coupons.
ind Whereas, the said judgment and
overdue and unpaid interest coupons
not embraced in said judgment, and cou-
pons for the instalment of interest due
July LIST 1884, and January LIST 1898, are
as follows, viz:
Amount of said Judgment ex-
elusive Of interest and cost S j,727.O0
Overdue and unpaid cou-
pOns not embraced in said
Judgment, exclusive OF interest
thereon, being coupons from
/ to go, both inclusive, for in
terest due July LIST, 1898 and
coupons from | to 60, both in
elusive, for interet due Jan
uary LIST, 1891 100000
Coupons tor interest due
July LIST, 1894, and JANUARY
list, 1875, 5000 90
Making a total, exclusive Of
interest and cost of Sl4,727 90
and Whereas, it is considered by the
Court that the levy at one time OF a sui
iicient tax TO pay said sum OF Sl4,7270O
and interest and cost, would be unduly
burdensome to the taxpayers of the Dis
trict, and the said Columbia Finance
aud Trust Company being present in
Court by its attorney, David w. Fair
leigh, Esq, cOncurs in this view.
And Uhercds, il is considered, therefore,
eXpedient that there shall be levied, at
this time, "A tax upon said District which
will not be unduly bu densome, but
which will, at the same time, produce a
sufficient revenue TO meet at thu ir ma
turity the interest coupons of said
bonds which will mature on the lst,
day OF July 1894, and the lst., OF Jan
uary 1873, and also provide in addition
there O, a considerable sum for the pay
ment Of said heretofore matured cou-
pons, not included in said judgment.
ARd Whereas, the said Columbia FL
nance and Trust Company, by its afore-
said attorney now suggests It's willing
ness 10 be content with such a present
levy upon the faith that this Court will
at its next October term, levy tax upon |
said District, OF not less than seventy !
five cents on the hundred dollars of tax |
able property within the District for the |
payment of the two succeeding install |
meDts OF Interest coupons on said bonds,