The weekly tribune and the Cape County herald. (Cape Girardeau, Mo.) 1914-1918, 1916-05-12
KELLY REFUSES
TO MODIFY HIS
BRIDGE OPINION
Hays Asks That Roads be
Left While Appeal Is Pend
ing-Request Rejected.
LAWYER SAYS HE'LL
WIN IN HIGH COURT
Tells Judge Peoples Loss Can
Never be Repaid, If Roads
Are Cut.

Edward D. Hays, chief counsel for
the County in its suit to prevent the
Little River Drainage District from
cutting the highways unless it builds
the bridges, yesterday appeared before
Judge Kelly in the Circuit Court at
jackson and asked the court to prevent
the Drainage Company from cutting
the roads until the County's appeal
TO the Supreme Court could be heard.
Judge Kelly denied the request.
Mr.. Hays offered to Join with the
| legal representatives of the Drainage
District in a motion to the Supreme
! Court to advance the case on the
docket, which would have meant a
final decision within four months.
This would have prevented the County
sustaining any damage until the case
had been decided, the lawyer told the
court.
Judge Hays told the court that TIE
decision of the Circuit Court meant
nothing until the case has been passed
upon by the Supreme Court. IF the
court will let the order Of dissolution
stand" he said, but hold the injunc-
don intact until the Supreme Court
can pass upon the case, it will prevent
a loss to either the plaintiff Or TIE
defendant.
The land now being drained has
been in its present state since the
creation of the world, and it can last
a few months longer in its normal
condition without any damage being
done. The ruling of this court cannot
mean anything until the higher court
has decided the issues involved.
The County believes that its con-
tention will be sustained by the Su-
preme Court. If the dissolution goes
into immediate effect and the roads
are cut without being bridged, the
County is damaged beyond descrip-
ton. Should the Supreme Court sus-
tain the COunty's contention, setting
aside the Circuit Courts decision, we
will have suffered loss that cannot
be satisfied by monetary considera-
ton, even though We should recover
after an almost endless litigation.
The decision Of this court says that
! the roads are TO be cut only when
necessary, but the opinion leaves this
matter absolutely to the discretion of
the Drainage District. If the District
were to decide that it is necessary to
cut all of the roads at any time, the
highways could be severed and the
! people alone would suffer.
None Of the conditions that the
court has imposed will save the Coun-
| " if the Supreme Court decides that
your honor has erred. The Supreme
Court cannot award US any damages.
no matter how heavy our loss may be.
There are preccdents and decisions
| when Justify this court in diSsolving
the Injunction, but holding it intact
pending the appeal in the Supreme
| Court. This would save the County
Ii we are right and would not cause
| loss to the Drainage District if the
contention of this court is upheld on
the appeal. The courts stipulation
that the Drainage District must agree
to build The bridges in the event the
Supreme Court upholds the County |
does no material good. If the Su- |
preme Court says We are right it |
doesn't matter what the Circuit !
Courts decision is Or what the views |
of the Drainage District are. This
court has no jurisdiction over the Su- |
premc Court and any stipulations
made in this court which are hinged |
upon another opinion by the higher
court are not binding, because the !
Supreme Court is governed by itself !
and not by lower court.
"Ii the Supreme Court rules that
the Drainage District must build the
bridges, the Drainage District will
have to build these bridges. but the
damage suffered by the people during
the several years that the case will
be held up in court must go unnoticed.
The Drainage District will not join
the County in motion to advance the
case on the docket, because the Drain
age District wants time enough to cut
all If the roads before the case is
finally decided
Judge Kelly then stated that his
ruling as announced a few days ago
would stand unchanged