The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-11-10
ORDER OF FEDERAL COURT
Kept in Close Confinement in a,Jail
Far From Their Homes.
THEY REFUSED TO OBEY A MANDATE.
For Thirtv-One Years Judges Have Re-
fused to Levy Taxes to Pay for a
Railway Never Built
THEY REFUSED TO OBEY A MANDATE.
St. Louis post-Dlspatch STAR Correspond

eucc.
MnryvIlle, Mo.--For principles to them as
lofty as those Of 1910 two judges OF the
st. Clair county circuit court are closely
confined In the Nodaway county Jail here
enjoying no more privilege than the worst
inwbreakers Of the eighteen other prisoners
with them.
The third judge is somewhere among the
brush-coyered hills Of St. Clair county.
cared for by the farmers and secretcd from
the United States mnrshals hunting him.
Thomas D. hewitt, presiding Adge, and
s. c. Peden, associate Judge, are the two
In jail.
David Walker the other associate Judge,
Is still as large
Contempt OF the Federal court Is the
charge against them in the compliment
Issued by Judge Phillips OF the western dis
frict Of Missouri They refuse now as
others have for thlrty-one years, to obey
the Federal court and pay tile principal
ana Interest on railroad bonds issued for
Loud mat was never built
since 1871 these Judges, or others IN their
PAGES, Lave been most al the time nolni.
nnlly In jail for contempt.
NCW, however they are actually In tAil
ana never allowed outside except in chatse
OF q deputy sheriff.
This was Judge Phillips order Monday
Mhen they were brought here, one from
Nhrcusburg and the other from Bethany
ahey wore transferred, says the commit
nent, FOR better safety and security"
SHAH treat them lust Ike the other
prisoners said Sheriff James NJ. Ennis
10 the Post Dispatch 81 shall give them
20 MHre h9erty lnn2 give the otner hen
an JAN under sentence
The Judges believe the two principles for
which they have gone TO- tall are ns Vital
as those for which wars have been fought
States rights. they say. L. the chief OF
the two, ana over lhs great war, the
civil war was wagcd
The other priuCiplp ia flint ,4ts.4, s,,,,t1
nut ne made 20 pay for what they do not
get They aid not get the rallrond for
which bonds were issued aud they refuse
There IS a real conflict between - IAyys
O. ne Siase 3nd the laws Of the United
the former mud go TO iail at the command
OF the latter.
State AGAINST Federal Laws.
The supreme court OF the United States
has declared that ST. Clair county must
pay the principal and interest on the rail
way bonds, amounting now 60 about 81 BOO
coo
10 do this they would have to levy
tan 10 excess or chat allowed by the state
constitution.
p ~ must obey he state law Arst," said
rrtsldluE Judge Ncvitt, because | am "a
state officer and, anyway, I'm a states
rights man, ! don't believe in Interior.
ence Of the Federal government In such
There Is more material motive ms well
behlnd the stubborn dght 10 pay the
ponds the Judges would be compelled viz
tuhliy TO sell their county. us assessed
valuation is only S4o00o00, or net three
unitk me amount OF the debt
FOR the principles and tho welfare of
forever. '7"'
,a ~ viii NIL g.taE II ian forever II the people
nave no thought Of giving H."
me TWO men nave not seen fAmiy or
iileEdS slpre Muy. Each hiss a wife aud
Inns township, ST. Clair county Fbey ars
poor men. As Judges now thcy Eet 50 a
Gay apiece, WhlGh goes TO their fl,aiIles.
Judge NrNltt has been n nembPr on fbe
twelve years. III, hos spent the time e lptSS er
In jan Or hiding IN On. woods.
Jndge Pedcn was county Judge argi I'm
1Se' ana lSSs lie has served this time
since 1898 Ills experience has been ike
fhat OF Judge hewitt
Whv Men Run for Office Of judge
why do We run for offIeo when we know
u means going TO iaIl?' asked Judge
hewitt. Because it IS Il matter OF life and
neath 10 US, and we are willing to do any
thlng to save our homes and tho homes az
Republicans and democrats nominate
n iep e ,S Two years and the race Is close.
which binds The candidates TO 90 "a iaii
rather than make the railroad levy
As lSonE as t1e people choose TO elect
me Shall not decline, As long as they
want me TO stay In jail shall stay
Two things the people Of ST. Clair county
watch In choosing their Judges. They mako
sure trst that their candidates are faithful
In the second place, they select men too
go9r TO ne In danger Of heavy tine from
When the two judges were brought. 70
Maryyllle Monday they met for the first
They We're arrested May in the court
house Mt AlRgROlg pn,tn . o..
GAR county. United States Marshal Ora
nam or st. Joseph, disguised as a travelling
salesman. made the arrest.
He heard the court was TO meet that day
~ Oseeola. Ihree days before he went
there disguised ana waited
When the court met to make the tax
levy for the years expenses, Sheriff ID H.
Nance stood guard outside the door era
pam waited his chance and when some
body attracted the sherff'H attention ne
slipped In and arrested Judges Neyitt aud
Reden.
Judge Walker succeeded in walking past
the marshal without being recognized and
Judge Peden was taken 10 the Harrison
county Jail in Bethany; Judge Negitt to
johnson county fail In WorrensburE
They were locked up for a day or two
and then allowed to come and 80 as they
pleased.
sometimes ten miles from the jail Judge
hewitt had as great freedom az Warrens-
burg and once when his wlfo was danger
VuhlJ III NC was peRNhitNeu " 10 W atI Aol
ewo days.
The transfer to Maryville came soon
after. The jail here is new ana strong. II
Is one OF the best IN the State.
The change was the result of no effort on
the part Of the judges to escape.
We could never AFFORD TO do that" said
uudge Pedep. ''Spppose we did get away
pnd leave the State. Other Judges would
have 70 be elected In our places, and they
would suker for our acts In close eOnane-
The judges are not heroie in appearance.
They are plain farmers. hardened by years
al frontier struggle with the rocky, brush
covered hills OF st. ClaiF county.
They went there In the early days before
thc war Judge hewitt came from Ken
tuckv and SETTLED first IN Hardin county
adjoining st. Clair JuAge Peden came
from Indiana and HIS family lives now on
the farm he cleared then.
Judge hewitt Is short and thiok.set He
has q round red good-natured face and
sandy halr and mustache slightly tingsd
with gray.
Els jaw is square aud his month nrm
When he talks OF the thirty years struggle
his face takes on set expression At
other times II wears smile Judge hewitt
laughs often and when he does he shakes
and chuqkies after the mannar Of fat men
He talks moro thap judge Peden but he
never rants HIS dcnEArfnfiou q aIwaVa