The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-05-02
HELD COURT in WOODS
ST. CLAIR COUNTY JUDGES DID NOT
Go TO osCEoLA, MO.
Conflict Between 500 Farmers and
Federal Officers Averted-A sensa-
tfonaI Case Reviewed.

OSCEOI.A, Mo-. May 1.-The expected con-
fiict between United States deputy marshals
and the three judges Of St Clair county,
predicted for to-day, did not materialize.
The judges having been warned that there
would be force OF deputies here. decided
not TO come to town, but instead, II Is said,
held court somewhere In the woods. 1t has
developed that the tax levy for the regular
county funds has already been made. IL
had been the purpose of United States Mar
shal Durham and his deputies, acting under
orders of Federal Judge Philips, to effect
the arrest of the St. Clair county judges
when they met here to-day in regular ses-
sion to make the annual tax levy. Accord
ing to the clerk or the court the judges
came into town stealthily on Friday night,
met in the courthouse, made the tax levy
and returned TO the brush II was stated
yesterday that the long fight of the people
of st. Clair county against the levy of a
special tax to pay interest on bonds of a
railroad that was never built, might end in
bloodshed to-day when the three fugitive
judges. who had been in hiding to prevent
the United States officials from compelling
them to levy the special tax or suffer arrest.
should come here to open the regular term
of court. 1t was stated that the judges
HISTORY OF THE CASE.
For twenty-six years the people of st.
Clair county. Missouri. have been IA revolt
against a judgment of the Federal Court.
During all of that time the county judges
have passed the greater portion OF their
terms Of office in jail for contempt. During
all this time judges and people have defied
the court, and all the might of the Nations
judiciary system has been insufficient 10
compel 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 ID. Ne
will. two of the members of the County
Court. returned to their homes from the
county jail in Kansas City. Judge Gills
health failed during the six months stay in
jail, and he was not reelected, as this
meant more jail life for him.
The case Is page from the history of
railroad exploitation in the West In the
early seventies. ST. Clair county Is a part
OF the Usage country. not rich in minerals
or with exceptionally good lands. II is
plain backwoods district, peopled by men
and women who have lived there all their
their British and Scotch ancestors. But
the country had no railroad to haul its
produce TO market, and the offer of
The nearest line TO st. Clair was at Sc
dalia, sixty miles away. So when advance
agents or the Tebo * keosho Railway
went TO Osceoia and proposed TO build
branch OF the road from Kansas City
TO Helena, Ark. the people were anxious
TO accept. Some sixty counties in west
e-n Missouri discussed the proposition for
bond issue. ST. Clair accepted and
agreed TO take $4,000 of stock, to be paid
Tor In county bonds.
There has always been some question IL the
petitions for the bond issue had majority
or the votes, but they were so recorded, and
the issue was decided upon. This was in 1870.
They were conditioned on the running of
the road through the county on the best
practicable line. Fifty thousand dollars
was to be delivered when five miles of the
road had been constructed. 100000 more
when the road crossed the Usage river and
that stream was bridged and the remain
der when the road was graded through the
whole county. This was satisfactory to the
people, but II is asserted that later the Coun-
y Court stripped the county of all protect
Ing conditions and agreed TO deliver bonds
when contracts had been let for masonry
work On Nov; 2 ls1o. the bonds were signed
and delivered That was the last of the rail-
road. 1t has never been built and nobody
asserts IL was ever 10 be. But the holders
OF the bonds sold them and the judgment is
law.
The, people refused to pay the first tax
issue of the bonds. Then they repudiated
the whole thing and sat down, satisfied no
is suit was brought for Of the b S6nd is
and decided against the county. Then
Judge Dillon issued mandamus on the
levy the necessary tax. The judges, learn
Ing OF the coming OF the marshal with his
order, took TO the woods, and IL was a long
time before the officer was able to serve his
papers. When he did serve them the order
was ignored. The judges were opposed TO
knew the temper Of their people too well To
take chances. Then an order OF arrest for
contempt OF court was issued, and the
judges were hauled 10 Kansas City for hear
Ing. Judges Asabel Heath. Thomas j.
Younger. John Breeder. John p. Love and
Thomas Henley were the first men to suf-
fer voluntary imprisonment rather than pay
what they believed 10 be an unjust debt.
CANNOT PAY IF THEY WOULD.
When the fight began the people fought
the court because of their wrath at the
fraud put upon them. Now they keep IL up