The weekly tribune and the Cape County herald. (Cape Girardeau, Mo.) 1914-1918, 1915-12-10
Denies Exceeded Authority
In Restraining Little
River Contractors.
COUNTY NEEDS NO
BOND IN SUIT, He SAYS
Points Out Loot Holes Document
Pending Before Supreme
Court.

| exceeding his Judicial authority, IN
a petition filed in the Supreme Court
Of Missouri by attorneys for the Lit
tie River Drainage District yester-
day afternoon said he did not think
there "is much to the petition"
The Judge on November II, last,
issued . temporary injunction restrain
ing the drainage contractors from cut
ting Cape county roads in the con-
struction OF the main hcadwater diver
sion channel of the drainage scheme.
The injunction was issued on the petit
tion of Cape County filed by Edward
d. Hays, special counsel.
Friday r. B. Oliver, Jr, filed pc
titiOn for writ of prohibition in the
Missouri Supreme Court against Cape
County and Judge Ranney restraining
them from enforcing the Judges in
junction order.
Judge Edward D. Hays, who filed
the petition for the original iniunc-
ton order, on reading the petition
placed before the Supreme Court, in
dictated his intention to carry the case
directly to the United States Supreme
Court if that becomes necessary. He
will go over the head of the Missouri
Supreme Court in turn, he said.
i In this petition, the assertion was
made that the Judge had issued the
the injunction order to the county
without legal authority and likewise
declared that the Judge had no iuris-
diction in the case.
Judge Ranney yesterday afternoon
discussed all the main points in the
argument of the drainage districts
attorneys.
Il am supposed to have exceeded
my legal authority when l granted the
Injunction without q bond having been
fled by the county" the Judge began
The petition before the Supreme
curt contends that although the suit
for injunction brought by Hays is
stated in terms of "The State OF
Missouri in the relation Of J. Henry
Caruthers, prosecuting attorney fol
Cape Girarieau County, the state
itself is not the real party in interest
in the case and that the county is
wherefore the county should have
been required to put up bond as 3
stipulation to the issuance of the in,
junction order
Under the law the state is not re.
quired to put up q bond, in an injunc'
ton suit.
"In support of their contention
said the Judge, "the drainage district
attorneys cited the case wherein Cir
cult Attorney Seebert G. Jones, of St
Louis sought to enjoin the railroads in
the state from collecting three,
cent fare after the Supreme Court had
ruled that the two and d half cent
rate was lawful.
ON this case, the action was en-
titled, "The State of Missouri at the
relation of Seebert G. Jones, ETC."
but when the case was tried in the
Supreme Court, it was held the injunc-
ton could not be granted lawfully 70,
the reason that a bond had not beer
filed in the manner that the drainage
district proposes that Cape County
should have filed.
'In that case, the real party at in
terest was found to be not the state
; nor st. Louis, but the travelling pub
lie
"Cape Girardeau County does have
a pecuniary interestNin this lawsuit
but Cape Girardeau County is a part
of the state. 1t is not like any other
corporation Any funds that have to
be spent by it as result of this law
suit, must be raised by taxation.
"The county as a part of the state
, does not have to file a bond in an
injunction suit. | never heard of
such thing. 1t is we'll known that
cities do not have to file bond in
such a suit and l never heard of any
record of county having to do diff
. ferently.
"This petition, as | understand it
also says that 1 was without jurisdic-
ton in the case, because the drainage
, district was organized under the sur
VIGILANCE of the Circuit Court in But
Ter county.
"That may be true, and the Butler
County Circuit Court would have orr
ginal and exclusive jurisdiction in suits
which are aimed to call into question
some feature of the drainage districts
. organization scheme. If this suit had
to do with the the organization of the
drainage district, they would be right