The Farmington times and herald. (Farmington, St. Francois Co., Mo.) 1902-1905, 1903-10-01
Garbled Statement Of Facts.


"The result shows that while the
Southern Missouri was defeated in the
superior courts upon nearly every point,
the Bonne Terre road had no desire to
appear oppressive or belligerent, and
with the first opportunity a compromise
between the officials and attorneys was
had that concluded with easy terms OF
peace. Despite the fact that the STU
preme Court is proceeding against the
Southern Missouri for contempt in lay
ing crossing in defiance of an order of
the court, the Bonuc Tcrre road agrees
to permit the crossing to remain"
We feel that the above is "A gar.
bled statement of the facts. 1t is
well known fact that the Bonne
Terre road made every resist
ance in the courts that could
be made by the most expert
enced and dexterous lawyers. The
chief officers of that railroad alb
sented themselves from their bus
iness offices in order to avoid
proper legal service in the proceed
ings instituted by the Southern
Missouri TO secure crossing over
the Crawley switch aud over the
main line of the NJ. X. d b. 7.
railway, and it was with great diff
Guilty that a legal service upon the
proper officers was obtained.
After n majority of the Commits.
sioners, appointed to condemn the
rigbt-of- way over the lines above
referred to. made their report the
attorneys for the Bonnc Terre road
filed their exceptions to the report
and made an affidavit for Il change
of venue from the Judge of this
circuit, whereupon he awarded
the same to Judge bearings Court
at Hillsboro. The attorneys for
the Southern Missouri filed a mo-
ton before Judge Dearing TO strike
out the exceptions to the report OF
majority of the Commissioners,
which motion was sustained by the
Court and the exceptions were
struck out. This course was adopt
ed because of the insistence OF the
chief attorney of the Southern Mis-.
souri, road, who was not familiar
with the civil practice of Missouri.
Upon this ruling of Judge Dearing
the attorneys of the BOnne Terrc
road sued out q writ of mandamus
in the Supreme Court, which direct
ed Judge Dearing to hear the eX-
ceptions to the report of majority
of the Commissioners.
The case was tried by Judge
bearing, upon the exceptions, at
the May adjourned term of the Cir.
cult Court of jefferson County.
Judge Dearing, after hearing the
evidence in accordance with the
writ of mandamus, fixed grade
crossings over the Crawley switch
and also over the main line of the
Bonne Terre road, thus confirming
the report of the majority Of the
Commissioners. From this judg-
ment of the Court the attorneys of
the Bonne Terre road appealed. and
between the judgment of the Court
and the time of perfection of the
appeal, the engineer and employees
of the Southern Missouri road fixed
the crossings so that the Southern
Missouri railway could proceed with
its traffic, as it had been delayed
for about eight months through the
mistakes made by striking out the
exceptions to the report of the
Commissioners. For this act,
which was prompted by unjust
treatment and necessity, majority
of the Supreme Court cited the of.
ficers of the Southern Missouri be.
fore them to answer for contempt.
To this action of a majority of the
Court, Justice Valiant, in whose
legal ability, good Judgment and
integrity, the best men in this State
have almost unbounded confidence,
dissented. On motion of the at
tOrneys of the Southern Missouri
road, the proceeding for contempt
against the officers of the Southern
Missouri was continued to the next
term of the Supreme Court, when
the appeal would come up for
hearing.
1t became evident to the lawyers
Of the Bonne Terre road, aud the
Southern Missouri as well, that the
Supreme Court would sustain the
Judgment of Judge Dearing, and
that the fine to be assessed against
the officers of the Southern Mis-
souri, road would be nominal. if
anything; and hence the best
thing that could be done would be
to compromise on liberal terms.
We understand that the Bonne
Terre road proposed to pay all its
costs, of whatever kind, in the
suits between the two roads, If
the Southern Missouri road would
do likewise. This proposition. we