The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1899-04-12
RAILROAD TAXATION.
The'TrOuble Which Came to Con.
fiding People Who Voted Bonds TO
Build Railroad.
From the Chicago Chronicle.

| lHe' lrOuDie winch SHtue ~ +" Soh-
fding People Who Voted Bonds 10
Build u Raj road.
/ From the Chicago Chronicle.
For twenty-siX years the people of
st. Clair county, Missouri, have been
in revolt against judment of the Fed
eral court. During all of that time the
court judges have passed the greater
portions of their terms of office in Jail
for contempt. During all this time
Judges and people have defied the
court and al! the might of the nations
Judiciary system has been insufficient
to compel a settlement of the decree.
The case is one of the most peculiar
that has ever arisen in the history of
America.
Recently Judges Gill and Thomas
i D. Nevill, two of the members of the
. county court, returned to their homes
from the county Jail in Kansas City,
Judge CLIPS health failed during the
six months, stay in Jail and he was
not reelected as this meant more Jail
life for him. Judges Gill accepted the
duty and will soon return, accom-
panied by Judges Samuel G. Peden
and David Walker. They will he
tenants of the Jail during the term
time of the court presided over by
Judge John F. Phillips.
The case is page from the history
of railroads exploitation in the West
in the early '70s. st. Clair county is
part of the Usage country not rich in
minerals or with exceptionally good
lands. 1t is a plain backwoods dis.
trict peopled by men and women who
have lived there all their lives and
who have the determination of their
british and Scottish ancestors. But
the county had no railroad to haul its
produce to market.
So when the advance agents of the
Tebo and Neosho hallway went to
Osceola and proposed to build branch
of the road from Kansas City to
Helena, Ark, the people were anxious
to accept. Some sixty counties IN
| Western Missouri discussed the propo-
sition for bond issue. st. Clair ac-
cepted and agreed to take S250,OOO OF
stock to be paid for in county bonds.
There has always been some question
| If the petitions for the bond issue had
a majority of votes, but they were so
recorded and the issue decided upon.
This was in 1870. They we're condi.
tional on the running of the road
through the county on the best practi-
cable line. Fifty thousand dollars
was 10 be delivered when five miles of
road had been constructed, $4,000
more when the road crossed the Usage
river and that stream was bridged,
and the remainder when the road was
graded through the whole country.
This was satisfactory to the people,
but it is asserted that later the county
court stripped the county of all pro-
tecting conditions and agreed to de-
liver bonds when contracts had been
let for masonry work. On Nov. 2,
1870. the bonds were signed and de-
livered. That was the last of the rail-
road. 1t has never been built, and
nobody asserts it was ever to be. But
the holders of bonds sold most. Of
them and the judgment is based on
the innocent third-party holder law.
The people refused to pay the first
tax levied to pay interest and learned
of the issue of the bonds. Then they
repudiated the whole thing and sat
down satisfied no court would bold
against them. But in 1873 suit was
brought for $S0,0OO of the bonds and
decided against the county. Then
Judge Dillon issued mandamus on
the county court commanding the
judges to levy the necessary tax. The
judges learned of the coming of the
marshal with this order and took TO
the woods, and it was long time be-
fore the officer was able to serve his
papers.
When he did serve them the order
was ignored. The judges were op-
posed 10 the tax, and, even if they
favored it, they knew the temper of
their people too we'll 10 take chances.
Then an order of arrest for contempt
of court was issued and the judges
hauled to Kansas City for hearing.
Judges Asabel Heath, Thomas ].
Younger, John Breeden, John P. Love
and rhos. Henley were the first men
to suffer voluntary imprisonment
rather than pay what they believed to
be an unjust debt.
When the fight began the people
fought the court because of their
wrath at the fraud put upon them.
Now they keep it up because they
could not pay if they would. The
amount has grown by accretion of
interest com pounded from $3.50, 900 to
over S1,30O,O0O. The assessed valua-
ton of the entire county is only
81, 100000, so it will be seen that to
issue the levy necessary to take up
this debt would confiscate every acre
of land in st. Clair. The people are
willing to compromise and pay the
face of the bonds, but as this offer is
rejected they kept up the battle.
After few courts had been locked
up in body candidates for the office
became volunteers willing to 60 to Jail
to prevent a tax levy. For nearly
thirty years the war has continued and
is not ended yet. Every time Judge
Phillips opens court be finds group
of three patient typical southwestern
Missouri farmers in court waiting for
commitment to Jail. He offers them
advice and admonition. They reply
with the stated offer of compromise,
and, of course, are turned down.
Then the judge winds it all up by
wearily ordering his marshal to lock
them up.
This has been Federal court scene
in Kansas City so long that any re-
porter in the city could give an ac-
count of almost the exact words with