The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-11-10

be law or not, and by that he stands
The laws In our case conflict" SAYS he.
That as the cause Of the trouble. So we
Judge Novitt is ~ years old. He looks
younger.
Judge reden Is two years younger, but
lie Is tall, ank and thin, with power.
ful frame, slightly stopped with hard work.
ils long hair Is gray aud his face has deep
Hes harder worker than am" said
Judge hewitt OF him, "And being locked
UP makes MIN nervous. He wants to DO
doing something"
The History of Long Struggle.
Judge Peden talks very little, except
when asked a question. HIS manner Is
calm and thoughtful. like that of Judge
hewitt. He Is upaterably opposed to COM
promise in the case nor does be talk OF
obeying the mandates OF the court
Both judges wear blue shirts. blue over
| ala and old brown coats They are typical
t tMi mers from = rough frontier district.
| country town IN Missouri
Tie fight Of st. Clair county against tho
! Federal courts resulted FROM railroad
! scheme agitated IN the county IN 1870
The country Yves Just opened then. and
needed an ontlet for Its produce; Promot-
ers organized company to hutld the Tebo
/ aud NcosDo railway, running north and
| south through II and adjoining counties,
| The read never got beyond the grading
stgge, The right Of way was surveyed and
ST. Clair county. like its neighbors. u.s.
sued bonds 90 the amotnt Of S2JO0O0. They
! bear interest at 10 per cent.
The FIRST serious trouble did not arise UNI
III seven years later In the meantime
/ nineteen of the $1,000 bonds were redeemed.
/ The remainder Of the principal, 1921, 900, is
| stu due with Interest, which brings the
| total amount up "a almost Sl,5000OO. she
| bonds were made payable In 1852
The action Of the county court ln-rcdeem-
] ing the nineteen bonds not gNflgiuptOpV
to the people. ana In 1877 they put an end
10 II by raiding the court house, at Osceola,
currying OF inc hooks containing tine tax
The occasion was the last effort made by
a St CLAIR county court TO pay ANYTHING on
| the bonds. \ levy had been made and I'm
| accordance with It the collector seized cat
| tie horses, wagons and farm implements
all over the county
! and advertised sale. Farmers came In
| crowds from all over the country, but when
! the 0uctloaecr began TO shout he got no an.
swcrs Nobody bid on the stun The farm,
er7 stood around leaning on their shotguns
and saying nothing.
Burned all the Tax Books.
That night they spoke, however. when Ia
a body they went to the court house, Sc
cured the tax books and burned them with
all the levies In them,
e.. 81 remember the night well" said Judge
! pcden. ut was bright moonlight aud the
work was done quick"
No county court since then has made IL
! levy to pay on the railroad bonds and the
/ bondholdcrs hayc secured not n cent
Then, however the judges had to hide
| In the woods TO keep out of jail and they
/ have been hiding ever since except when
Ithey We're In jail.
Gbe company which was to have built
I the railroad disappeared gradually The
bonds were sold to third parties In New
| York aud that WAS the last heard Of the
lTailruad.
AMONG those who brought suits against
/ 81 clair county were the Ninth National
BANK Of New York and Joseph NJ Doug
lass
Heury county was defendant in similar
suits and the cases OF the two counties
They we're carried from court to court.
and hnally TO the supreme cour, OF the
United States, which decided against the
law PhIrd parties. who had bought the
bonds, could not be made TO suffer.
George Graham Vest aud John H. Phil
lips were the attorneys for the county iu
tho long fight. They gave ID up when
The former went to the United States son
9tc and the later was appointed TO the
Judge philips. after going on the bench,
tooh up the nFht against his old clients,
aud @ is be thar has Kept the Judges In
among .he present owners Of the bonds
I arr John IL overall and Thomas IL
. Sllnker Of ST.. Louis former Congressman
/ Madame Gllroy OF New York.
For number Of years after the fnRl de-
{ clslou Of tae Federal courts against ST.
( Slalr county the Judges succeeded In keep
/ Ing out Of iuil
/ They negotiated with Judge Phillips. The
/ prosecuting attorneys OF the county assist
! ed by busyinE themselves with what
/ seemed TO be efforts Go obey the courts
! Although determined not to give in the
Judges did not surrender TO the authorl.
/ Ties and go humhy TO jail They loved
| liberty and tried every arliGce TO retain e.
When nrtlhcc failed they left their homes
ana entered the woods. ST. clair county
/ esfa and heavy underground. ideal hiilnc
! places abound, and the judges with their
! knowledge OF the country had no difficulty |
In evadins che United States marshals who
were strangers.
The farmers were their friends, and gave
them food shelter aud protection fhev
weat to their homes frequently under cover
OF night.
Held Court in the Woods
All the time the court met regularly every
month, not In the court house, but in some
faron corner Of the county, under the
trees, If Il was pleasant, or In a barn.
Appointments We're made with the coun-
! ty clerk and he was always on hand with
his records. In this way taxes Tor the ex-
penses Of the county were levied and all
other county business transacted.
Judge hewitt was elected to the bench |
40 az associate judge FIRST In 1850 lie
served two terms OF two years each ana
then was out OF office two years Then |
came four years more as associate Justice
epd In November, 1900, he was elected pre-.
siding judge.
Bor two years preceding last May the
| eourt TO which he belonged spent an It's
| time In the woods ont of the reach Of tho
marshals. They met nnally IN the court
! mousse In May at the request OF the people
! VINO wanted 20 see their court sitting i'm
! regular fashion again. The marshals ala
! not miss the opportunity.
Judge hewitt says he does not know how
! many times he has been In jail. His present
imprisonment is Of longer duration than
| any heretofore.
| Whenever the Judges weee In JAN before
| 1ovJ county business was at n Btandstlil
| IA that year Representative Tandy OF Mo.
| bonaid county introduced in the State Lee.
! isPture bill providing that the probate
! lnuge In 81. Clair county should not Far
! lhe county judges when they are unable
/ law VII ''NN'"e
! The only exception .sken 10 the authority
! OF me PROBATE Judge is In the matter OF
ttellr9aa TAX leyies, He can not make a
/ tS1 seyy 20 pay on railroad bonds
me imprisoned Judges say this shows
lhst the state authorities are on their
representative Tandy, who introduced tho
( Dlh was once county Judge In St clair
| county, and was one of the FIRST 10 be i'm. |
! pnSoned for coHteunt " Nv 'ii-