The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1903-03-19
Proceedings Begun Against Twen-
ty Owners and Occupants of
Property on North Wharf.
QUESTION OF TITLE INVOLVED.
Litigation Affects Vast Interests
of Railroads and Mercantile,
Manufacturing and Bank
ing Corporations.

Judge r. E Rombauer, acting as special
counsel for the Board Of Education. yester-
day filed in the Circuit Court suits in eject
ment against twenty individuals and cor
porations owning occupying and controlling
property along the north wharf.
Title to this property. as published In yes
terday's Republic, is. believed to be vested
in the Board OF Education. and the litiRa-
ton thus begun is to secure a final decision
naming the rlghtful owner.
The defendants are the Boatmen's Bank.
National Bank of Commerce. the German
Savings Institution, the Logeman Chair
Merchants Bridge and Terminal Associa-
ton. the Columbia Box Manufacturing Conn
pany. the William C. Rice Lumber Com
Company, H. Gaus & Sons Manufacturing
Company s. 8. Williams BoeckeIer Lum-
Der Company, Plumrner, Benedict Lumber
ing Lumber Company, Lathmon Cypress
Company, Joseph Hafner Realty Company.
Justin 2: Joy, C.: B. & g. r. r: the st.
sissippi Valley Elevator and Grain Com
pany and the Scabcura Dip Company.
CHARGE MADE FOR OCCUPATION.
In each suit the amount which the board
specifies it has lost through the occupation
of the land by the defendants Is named. the
total amounting to $251. 2s1. The assessed
valuation of the property and that occupied
by the city in the specified tract. is more
than 10000 exclusive of improvements
The members of the board are congrat-
uiating themselves on the secrecy which
was maintained regarding this important
der consideration.
Since May. 1902. a special committee has
made thorough and exhaustive investiga-
necessary before the board felt warranted
In taking step of such Importance as the
litigation now under way. The litigation
complications. Any premature publication
or dissemination of the matter under con-
sideration might have proved fatal to the
plans, Of the board, Although the secret
officers Of the board. attorneys and others.
Tor nearly year. and IT was necessary to
make exhaustive INQUIRIES and inyestisa-
a hint Of the work was dropped to outsiders
until the plans were perfected
OPINIONS OF LAWYERS.
1t develops that the boards title to GER
tain portions of the strip indicated. prob
ably 20 per cent of the entire tract living
between Madison and Dock streets is not
as well settled. in the opinion of the attor-
neys. as that to the other 80 per cent. The
common law Of this State prior to 1855 pre-
scribed that time does not run against
the State that Is the statute of linits-
tons did not run against the State. The
statutes of 1855 had no enacting clause and
II became a controversial question whether
they had legal force. In 1857 this part of
tne statutes was re-enacted. This law pro-
vides that the statute of limitations should
run against the State. In 1866 a statute was
enacted providing that the limitations
should not run Thus. between 1855 or 1857
and 1865 there was a time when the statute
OF limitation did run against the State.
ANY entry of land in the strip now in dis
pute. WHICH was made in these Intervening
years might have ripened into title by adj
verse possession.
Further investigation of the status of
this portion Of the tract will be made by
the attorneys before suits are filed against
the owners or occupants.
ATTORNEY WEBSTER INVESTIGATED.
attorney George b. Webster. who is assc-
ciated with Judge Rombauer in the case,
discovered the probable title of the board
while he was reviewing the decision of the
Supreme Court in the Sweringen case. He
was not an attorney in that case, but after
reading the decision declaring Mrs Swerin-
gen had no title to the accretions. he be-
came curious to know in whom the title
rested. He made quiet Investigations on his
own account, and later divulged the result
to the board.