The weekly tribune and the Cape County herald. (Cape Girardeau, Mo.) 1914-1918, 1917-01-19
DRAINAGE CASE
TO BE DECIDED
AT APRIL TERM
Caruthers is Informed That
Supreme Court is Ready
to Pass on Suit.
HE SAYS COUNTY is
SURE TO WIN FIGHT
Will Decide Whether County or
Company Build Bridges
Over bitches.

The appeal Of Cape County from the
decision of the Circuit Court in the
injunction proceedings brought against
the Little River Drainage Co. will be
taken up by the Supreme Court during
the April term, according to the in
formation received by Prosecuting At
torney Caruthers yesterday morning.
During the August term of the Cir
cult Court session, last year, a tenn
porary injunction, obtained against the
Little River Drainage Co., was dis
solved by order Of he court, but the
case was appealed by the county au-
thorities, who instituted the proceed
ings to prevent the drainage company
from destroying the county roads
without providing bridges.
The case is not a parallel to the suit
brought by Scott County against the
drainage company. and which was de-
cided against Scott County last De
cember, after the case had been taken
to the Supreme Court. 1t is expected,
however, that favorable decision will
be handed down in Cape County's case,
because the suit is based upon different
points.
The Little River Drainage Co., of
which John H. Himmelberger is the
president, is composed of the real es-
tate owners of several counties Of
Southeast Missouri. The corporation
is engaged in the reclamation of
swamp lands in the different counties.
The county authorities attempted to
enjoin the drainage concern from cut
ting through the county roads unless
the drainage company would bridge
the channels it created. AS the drain
age company and not the county was
to receive the benefit, the county held
that the drainage company, and not
the county, should provide the bridges.
Another point in the eounty's suit
was the charge that the drainage dis
trict, by divelting the water from sew
eral rivers into the main diversion
channel, which is the principal drain
age ditch, the company would inundate
certain Cape County land during high
water seasons. The land that would
thus be damaged, the petition states,
is now free from overflow.
The Supreme Court, therefore, is
asked to determine whether the drain
age company can cut through high
ways without bridging them, and to
decide if it can inundate land in this
county in order to drain swamp land
in adjoining counties.
The late Judge Ranney granted an
injunction, restraining the Little River
District from proceeding with the
work, but the Circuit Court dissolved
the injunction. The Supreme Court
is now asked to determine which of
the lower courts properly interpreted
the law.
The records of the Cape County suit
against the drainage company are not
so lengthy as those in the case Of
Scott County, and for that reason an
early decision of the highest tribunal
is looked for. The Scott County ap-
peal was taken up last October, but
the Supreme Court did not hand down
its decision till the early part of De-
cerber. Supreme Judge Charles Re-
velle was the only member of the Su-
preme Court to vote in favor Of Scott
County He is a native of Lutesville,
Bollinger County.