The weekly tribune and the Cape County herald. (Cape Girardeau, Mo.) 1914-1918, 1916-07-13
F. A. MCGUIRE Wins
PANAMA CANAL CASE
Controversy Over Street That
Split Jackson, Won Nick
name in Papers.

law suit that split Jackson into two
factions centering around two rival
newspaper editors, Frank A. Mcclure
and +. f. Kies, has been decided in IA
vor of the Mcclure contention by
Judge Albert D. Nortoni of the st.
Louis Court of Appeals.
The fight in the courts was over the
construction of a paved street and
sidewalk in front of property owned
by Mr.. Mcclure. MCGUIRE saw that
the proposed improvement would
shear off at the base a row of fine
trees that he had planted years ago
and opposed the encroachment of brick
and cobble-s stones.
When he went to law over the ques-
ton, virtually everyone in Jackson
took sides and either was a Mcclure
or KieS man. Mcclure at that time
edited and published the CashbOok and
he handled his side of the controversy
with vigorous pen.
Mr.. Kies, on the other hand, who
was 4 member of the Council and con-
seQuently named a defendant in the
suit that Mcclure brought, was editor
and publisher of the Folksfriend, q
German weekly paper, and he develop
ed his side Of the argument.
The rival newspaper editors eventu-
ally became facetious over the legal
battle they had engaged in, and the
street which was concerned in the
pavement war, was dubbed Panama
Canal" for the reason that in wet
weather. it was virtually impossible
for mud and water. The non-naviga-
biIity of the street won the nickname
Panama Canal" which at that time
was Just as navigable as the Jackson
street.
The particular segment of the street
in front of Mr.. McGuire's property
was known as "Culebra Gut"
When the Council passed ordinances,
MAJ 1918, ordering the pavement of
the street in front Of McGuire's, the
provided for the removal of Mr..
NcGuire's trees. He protested and IN
November. 1918, he selected Judge Ed
ward D. Hays to lead in the fight upon
the pavement.
Judge Hays obtained a temporary
writ of injunction against the removal
of the trees from the late Judge r. G.
Ranney, who, when the case came to
trial. made the injunction permanent.
Attorney A. NJ. Spradling was the
leader for the Kies side and he per-
fected an appeal to the st. Louis Court
of Appeals where the suit has been
pending for three years, waiting for
the court to reach it on the docket
Of course, in the meantime, arrange
nencs had been made for the pave
ment of the street and the sidewalk
with the exception Of that portion in
front of Mr.. McGuire's place, has been
laid these several months.
A month ago, the attorneys went to
St. Louis to argue the case. Mr.. Nc
Cures attorney argued that the or
dinances providing for the paving were
Illegally drawn, that the survey en-
croached upon Mr. McGuire's land nine
inches and that it was inexpedient and
TO cut down Mr.. McGuire's
trees in the face Of an ordinance Of
long standing which urged the cOnser-
walton of trees and urged tree plant
ing.
Tie Court of Appeals upheld the in
junction and made it perpetual on the
grounds that the ordinances were lille
gally drawn.
Attorney Spreading, unwilling to
give up the famous case as lost for
ever, is considering the ACCESSIBILITY Of
an apeapl to the Supreme Court.