The state republican. (Jefferson City, Mo.) 1871-1896, 1895-07-04
= CAPITAL, REMOVAL.


an injunction suit was instituted by
Joseph r. Edwards, Of Jefferson
City, against A. A. LesueSt, secretary
of state, TO prohibit him from pub
fishing and certifying to the county
clerks of the state the concurrent
resolution adopted by the last gen.
eral assembly to remove the capital
from Jefferson City to Sedalia. Mr..
Edwards Is one of the leading mem
bers of the bal of Jefferson City, a
large property owner, aud editor of
the Sole County Es,aocrut. He
represented cole couupy in the
thirty seventh general assembly, and
is the son of Judge Z. L. Edwards
who was Judge of that judicial circuit
for fifteen years. He is also q
nephew of the late John Edwards,
who was governor of the state in the
SOS.
The case will be tried at the July
term of the Cole county circuit court
before Judge Dorsey w. shackletord.
The petition is signed by the follow
ing members of the local bar !:
Joseph r. Edwards, H. Clay Ewing,
A. M. Hough, j. g. Fisher, Edwin
Silver, f. M. Brown and w. s.
Pope.
The petition recites the provisions
of the concurrent resolution adopted
by the general assembly, and asks
for an injunction on the following
grounds:
"That said concurrent resolution
proposing said amendment to the
constitution of this state is neither
in form nor in substance authorized
or permitted by the constitution of
this state; that said resolution is
invalid and of no binding force as a
proposed amendment to the consti-
tuition of this state, and will be
so invalid and Of no binding force as
an amendmant to said constitution,
although majority of the qualified
voters voting at the general election
to be held in this state in the year
1896 shall vote therefor; that it does
not provide that the same shall go
into effect as an operative amendment
to said constitution, upon the adop-
tion by a majority of the qualified
voters of the state voting in favor
thereof, but, on the contrary, by it's
terms and provisions, it's taking
effect and becoming an operative and
binding part of said constitution is
made to depend on the further facts
or conditions that some person or
persons shall donate or grant to the
state land or money, or other thing
for the purpose Of erecting the
necessary public buildings at the
City of Sedalia for the use of the
state, or shall deposit with the
governor of the state sufficient
securities or obligations to guarantee
the erection of such buildings, and
also on the further facts or conditions
that a suitable capital building for
the State of Missouri, having the
same or greater floor area and
appointments than the present capi-
tai and supreme court buildings, and
equal thereto in stability aud archi-
tectural merit, together with grounds
of the same or greater area than
these now possessed by the state at
the City of Jefferson; and also that
a state armnry and executive man
sion, similar or superior to the
present one owned by the state,
together with grounds and appurten-
ances thereto, shall be erected or
furnished at the City of Sedalia, and
shall be accepted by a commission
consisting of the governor, secretary
of state, auditor, treasury and attor-
ney general of Missouri.
"That said concurrent resolution,
proposing the aforesaid amendment
to the constitution Of this state, was
not read on three different days in
each house of the general assembly,
nor did it take the course of bill in
said general assembly, and for the
reason it is unauthorized by the con-
stitution.
"That said proposed amendment to
the constitution OF this state is viola
ton of the contract and agreement
entered into by the state with the
United States, in that the effect
of said amendment, if adopted, is to
revoke, without the consent of the
United States, binding provision of
the ordinance of acceptance.
"That the adoption Of said amend
ment will work a grievous wrong
and hardship and occasion irrepara-
BILE injury to the plaintiff in respect
to his property rights in that it will
greatly reduce the value of his
property, situated in the City of
Jefferson, and on the four sections of
land selected for the permanent seat
OF government of the state, all of
which was purchased by plaintiff and
the persons under whom he holds on
the faith of the contract between the
State of Missouri and the United
States, and in the belief that by
virtue thereof said four sections of
land would forever remain the seat