The weekly tribune and the Cape County herald. (Cape Girardeau, Mo.) 1914-1918, 1916-03-10
LITTLE RIVER
ASKS COURT TO
OVERRULE HAYS
Wants Tribunal To Give In
To Drainage District In
100000 Bridge Suit.
HAYS Is FIRM FOR
COUNTY'S PROTECTION
Attorneys Seek To Lift Injunction
By Means Of A
Compromise.

An attempt tc persuade the County
Court to overrule its attorney, Judge
Edward D. Hays, was made yesterday
afternoon by attorneys for the Little
River Drainage District in an effort to
effect a compromise leading to pro-
visional suspension of the county's in
junction restraining the drainage dis
trict from cutting the roads of Cape
County for its bitches.
The courts decision on the question
raised will be handed down Friday, the
members of the bench stated. The
litigation is the largest in the county's
recent history, involving more than
100000.
Judge Hays, IS the County Courts
attorney, obtained an injunction
against the drainage district restrain
ing the district and its contractors
from cutting Cape County roads in the
excavation of the Main Diversion
channel across the southern side of the
county, until the liability for the
bridges was fixed by the court. The
County Court takes the position that
the Drainage District should pay the
cost of the bridges and the drainage
district contends that the county
should bear the cost of the bridge
building.
Six bridges costing approximately
100000 will have to be erected as the
main diversion channel of the Drain
age District taps the roads running
north and south in Cape County.
Since the injunction order was is
sued and held inviolable by the Su-
preme Court of Missouri, the attorneys
for the Drainage District, Oliver & Oh
iver, have been seeking to compro-
mise with the County Court, whereby
2 provisional suspension of the penal
ties for violating the Injunction to al
low the ditch TO be dug, the bridges
erected at the Drainage Districts ex-
pense, and the litigation over the ques-
ton of liability carried to the finish in
the courts with a settlement at its
close.
The attempt to persuade the County
Court to overrule Judge Hays grows
out of the rigorous demands he is ex-
acting from the Drainage District ir
effecting the compromise. He has de.
manded, as attorney for the court
things to which the drainage district
has not yet yielded and the hearing
before the court was obtained through
Hays as n last resort in an endeavol
to affect the compromise without max
ing the concessions Hays demands
The history of the litigation best il
illustrates the demands that Judg'
Hays has demanded of the Drainag'
District, and the account of the action
is briefly as follows:
The County Court on September Is
last, formally employed Judge Hays a
attorney to cooperate with Prosecut
ing Attorney ]. Henry Caruthers il
looking after the county's interest
and protecting the county from an un
due expense in building bridges owe
the bitches cut by the drainage dis
trict.
The drainage district took no step
to obtain the consent of the Count
Court to cut the county roads and al
range for the payment of bridges, bu
rather, Judge Hays explained, too
the position that the district would nc
pay for them and would go ahead an
cut the roads.
This position was what inspired til
suit for an injunction to restrain tn
district from cutting highways unit
the liability for payment had been fi2
ed.