The weekly tribune and the Cape County herald. (Cape Girardeau, Mo.) 1914-1918, 1915-11-19
INJUNCTION TO
HALT DRAINAGE
WORK GRANTED
Little River Company Re-
strained From Cutting
Through County Roads
SUIT IS TO DECIDE
WHO BUILDS BRIDGES
Spans Across Canals Would Cost
County 100000 to
Build.

Judge r. G. Ranney of the Com
mon Pleas Court yesterday afternoon
issued temporary injunction order
against the Little River Drainage Dis
trict, restraining its officers and sub
contractors from cutting Cape County
highways to make way for the dis
trict's main diversion channel and
floodway.
The suit was brought to determine
whether the county or the drainage
district shall have to pay for the con-
structiOn of approximately 100000
worth of bridges that the diversion
channel will require.
If the suit is won for the county, the
taxpayers of Cape County will be re-
lieved of the payment of that sum in
the county tax assessment.
The Injunction was obtained by Pro-
bate Judge Edward D. Hays before
Judge Ranney. Hays has been RETAIN
ed as counsel for the county, and the
case is brought by the State in the re-
lation of J. Henry Caruthers, prosecut-
ing attorney.
All the officers of the drainage dis
trict are named defendants in the petit
ton for the injunction filed by Hays,
i.e., John H. Himmelberger, Charles w.
Henderson, A. ]. Matthews, of Skies
ton; Alfred l.. Harry, Of Bloomfield;
S. P. Reynolds, of Charlottesville, and
George Hartford, of the Cape.
The temporary Injunction that was
granted by Ranney was served upon
Hanford last night. The injunction re-
strains all officials, servants and sub
contractors employed by the drainage
district from cutting any of the roads
in Cape County to make the way for
the diversion channel.
The drainage district engineers had
planned to make a cut in one of the
roads in about four weeks, but the
most of the road cutting is not to be
done for about another year.
Where the Cape County highways
are cut by the diversion channel, it is
necessary to keep the road open by
means Of a bridge. The construction
of all the bridges that will be neces-
sary in this county amounts to con-
siderable, the county claims, in return
for the small portion of land that is
benefited by the drainage scheme.
The drainage district officers sup
port their contention that the county
ought to pay the cost of the bridges
with case tried before the Supreme
Court, the State statute upon which
the drainage district is based and OF
opinion from the office of the attorney
general of the State.
The reasons why the county con
tends the drainage district should beal
the expense Of the bridge building i!
set forth in detail in the petition FOL
all injunction filed by Judge Hays.
The diversion channel runs along
the foothills of the ridge northwes
of the Cape. 1t aims to gather the wa
tiers from streams draining an arei
1000 square miles in extent and diver
them from lands below Cape and Boil
, linger counties eastward into the Mis-
siSsippi.
The channel starts at Greenbrier ant
follows a course southeast to the river
The petition sets forth that scarcel,
per cent of Cape County is soutl
of the diversion channel and will con
= sequently be benefited by the drain
E age scheme, whereas 100000 acres o
;, land lies in counties south of Cape an
?, Bollinger which will receive the bene
S fits of the drainage.
: Only 22,846 acres in Cape County
: will, in the opinion of the drainag
/ supervisors, be benefited by the diver
sion channel, out of $4,000 acres il
side the county on which a tax woul
4 be levied for payment for the bridge
i As the diversion channel approache
the river, a flood plain, 1000 feet
width and lined by high dykes, is I
be constructed. This is to hold in ii
great volume of water that will |
taken off through the artificial char
st mel.
l. Three bridges will have to be p'